National ban on rhino horn trade set aside
South Africa does not have a market for rhino horn domestically and the opening of trade locally will only lead to the smuggling of rhino horn, by criminal syndicates, into the black market in Vietnam and China
PRETORIA – Yesterday a local law firm achieved huge success in the High Court in Gauteng as its application to have the national ban on rhino-horn trade lifted, was successful.
Mr Izak du Toit of Seymore, du Toit & Basson Attorneys brought the application on behalf of Mr John Hume to have government’s moratorium on rhino-horn trade, which had been instituted on February 13, 2009, set aside.
Although he agrees that rhino poaching won’t be eradicated overnight thanks to the High Court judgement, he believes it is a step in the right direction. He also feels it could pave the way for the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) to lift the global ban at a meeting which is scheduled to take place in Johannesburg next year.
The judge, Mr Francis Legodi’s judgement, which consisted of 39 pages, basically means that it may now be traded within the borders of South Africa, with the necessary permits in place. It may still not be exported, with the exemption of hunting trophies.
Hume, of Malalane, is the largest white-rhino breeder in the world. He has over 1 000 rhinos as well as approximately 4 000 kilograms of rhino horns and has been actively advocating for the global ban to be lifted.
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In the meantime, he brought an application before the High Court to have the national ban lifted which was heard in September. Hume argued that the minister of environmental affairs had failed to give notice of the proposed moratorium and that his rights to property and the right to choose his trade (in rhino horn) have been adversely affected by the imposition of the moratorium.
It was furthermore argued that the imposition of the moratorium was irrational as it was incapable of curbing rhino poaching.
Hume brought the application with fellow rhino farmer, Mr Johan Krüger of Limpopo. Current minister, Ms Edna Molewa, opposed the application, arguing that the ban was intended to underlay an international ban on rhino-horn trade.
Also read: South African breeders ask court to end rhino horn trade ban
Environmental affairs spokesman, Mr Albi Modise, on enquiry said, “Look, you won’t be able to buy rhino horn like you would a packet of chips. There are still certain protocols that have to be followed,” he said.
The department issued a statement late yesterday afternoon, saying that Molewa intends to appeal the judgement, in which case its application for leave to appeal will suspend the operation and execution thereof.
Du Toit continued by saying that this ruling was by no means the final answer to put an end to the poaching crisis. “This ruling restores the value of a live rhino, which has been less valuable than a dead one since poaching flared up again. At least now rhino farmers will be able to generate some form of income which could be used to improve their security measures and protect their rhinos.”
He said farmers like Hume could now even approach buyers from overseas and offer to keep the horns in safekeeping, if and until the international ban is lifted. “As long as the necessary permits are in place,” he stressed.
Director of Outraged South African Citizens Against Rhino Poaching (Oscap), Ms Allison Thomson, said they were “bitterly disappointed” by the ruling. “As an organisation that has the best interests of rhinos and our heritage as a priority, we are absolutely outraged and bitterly disappointed to hear that the Pretoria High Court has lifted the moratorium on rhino-horn trade in South Africa.
“Judge Francis Legodi stated that he could not envisage any disastrous outcome by lifting the trade. This perhaps just shows a total lack of understanding of many people in South Africa about the illegal wildlife trade, organised crime and corruption not just in South Africa but worldwide which is driving many species to extinction.
“This ruling has dealt a serious blow to the conservation of rhinos in South Africa and also to the survival of the species. We trust that the department will appeal this ruling and all steps will be taken to ensure that the security and safety of our rhinos are always kept as a priority not the greed of individuals who have a vested interest in trading in body parts of our rhinos.
“South Africa does not have a market for rhino horn domestically and the opening of trade locally will only lead to the smuggling of rhino horn, by criminal syndicates, into the black market in Vietnam and China.”
