IN what has come as a shock to all involved in the rhino war on poachers, Environmental Affairs Minister Edna Molewa has published a notice in the Government Gazette of Wednesday, 8 February calling for comment on domestic trade of rhino horn.
The regulations relate to the domestic trade and states, ‘The selling or otherwise trading in, giving, donating, buying, receiving, accepting as a gift or donation, or in any way disposing or acquiring, and the export from the Republic of South Africa, of rhinoceros horn, or a part, product or derivative of such rhinoceros horn, belonging to the species Diceros bicomis (Black Rhinoceros) and Ceratotherium simum (White Rhinoceros), in terms of section 97(1)(b)(ii), (iii), (iiiA) and (iv), read with section 100 of the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)’.
The interpretation of ‘personal purposes’ in the regulation is key in pushing the legislation through and is considered by conservationists as a loophole in the regulation.
This announcement comes after years of repeated attempts by Molewa to resist applications by local rhino farmers to trade horn on the domestic market.
According to the documentation, anyone wanting to take advantage of the proposed legislation will need to acquire the necessary permits, and the rhino horn has to be genetically profiled by suitably registered scientific institutions.
Non-citizens
Non-South African citizens and residents may also apply for the necessary permits, as long as their home country provides a letter stating that domestic legislation is in place to prevent the contravention of the relevant ‘provisions of CITES’.
Those wishing to export rhino horn (for ‘personal purposes’ only) are limited to two horns per person.
Anybody in contravention of the proposed legislation will be fined up to R5-million or sent to jail for up to five years, or both.
Repeat offenders will receive double sentences.
The focus in this proposed legislation on permits to control this extremely lucrative industry could be a concern for informed conservationists especially in a country that has notoriously bad implementation of permit requirements and rampant and rising fraud and corruption among government officials.
A month for comment
Interested parties have 30 days to make representations or to object, to Magdel Boshoff at mboshoff@environment.org.za; by post to The Director-General, Department of Environmental Affairs, Attention: Magdel Boshoff, Private Bag X447, PRETORIA 0001, or by hand at Environmental House, 473 Steve Biko Street, Arcadia, Pretoria, 0083.
Comments received after the closing date may not be considered.
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