Environment minister to appeal - rhino horn may not be sold legally yet

26 November 2015 - 18:02 By Tmg Digital

Two game owners have won a legal battle against the government’s moratorium on the trade in rhino horn. But Environmental Affairs Minister Edna Molewa says she will appeal Thursday's Pretoria High Court ruling. This means the court verdict cannot come into effect immediately.John Hume‚ the biggest private rhino owner in South Africa who has a large stockpile of horns he has not been able to sell‚ and Johan Kruger argued that legalising the market is key to curbing the poaching crisis‚ in that selling ‘farmed’ horns could help combat the slaughter of rhino. They also said it was their constitutional right to earn a living and that the government’s moratorium should not be extended indefinitely‚ and that it had not achieved its purpose after being in existence for six years.The government had argued the ban was intended to stem the trafficking of rhino horn to international markets‚ and so indirectly reducing the demand for rhino horn products primarily in Asia where it is viewed as an aid to male potency and even as a cure for cancer.But Judge Frans Legodi in the Pretoria High Court‚ citing the “alarming” rise in poaching since the moratorium was introduced‚ said there was no evidence that it had achieved these aims. He also said he did not anticipate disastrous implications if the moratorium was lifted‚ with immediate effect.“The moratorium on the domestic trade in rhino horns is hereby reviewed and set aside‚” he said.South Africa is home to an estimated 20‚000 rhino‚ which is 80% of the world population‚ but is struggling to combat poaching in its reserves — A rhino is killed for its horn every eight hours‚ on average.In a statement announcing her intention to appeal against the ruling‚ Molewa noted that even if the domestic moratorium on the rhino horn trade was lifted in terms of the court order‚ a breeder would still need a permit."The decision of the court should not be construed to mean that the domestic trade in rhino horn may take place in an unregulated fashion."In the absence of the moratorium‚ it must be emphasised that all trade in rhino horn will be subjected to the issuing of the relevant permits in terms of the National Environmental Management: Biodiversity Act… A permit is required to trade in rhino horns and any derivatives or products of horn and the judgment does not mean that persons are allowed to trade (including selling‚ donating‚ or in any way acquiring or disposing of rhino horn) without a permit issued by the relevant provincial conservation department‚" she said in a statement.The Department also clarified that the court judgment does not relate to the international trade in rhino horn for commercial purposes.Commercial international trade in rhino horn is still prohibited in terms of the provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The global ban could be discussed next year when CITES meets in South Africa. A motion to legalise the trade would need a two-thirds majority vote from all 180 CITES nations to be passed.Cathy Dean‚ director of Save the Rhino International‚ said the NGO was concerned about the ruling."Firstly‚ we are concerned that this step is being considered for financial rather than conservation reasons. We can see that rhino owners – state and private alike – are haemorrhaging cash with the increased costs of security‚ but if ownership of rhino horn is widened to investors‚ rather than simply game farm‚ reserve or park managers‚ there will be even more stockpiles to regulate and monitor‚" Dean said...

There’s never been a more important time to support independent media.

From World War 1 to present-day cosmopolitan South Africa and beyond, the Sunday Times has been a pillar in covering the stories that matter to you.

For just R80 you can become a premium member (digital access) and support a publication that has played an important political and social role in South Africa for over a century of Sundays. You can cancel anytime.

Already subscribed? Sign in below.



Questions or problems? Email helpdesk@timeslive.co.za or call 0860 52 52 00.