The South African regulatory framework relating to illegal trade in rhino horn

LLM (Import and Export Law), North-West University, Potchefstroom Campus, 2015The purpose of this study is to determine whether the current South African regulatory framework related to the illegal trade in wildlife, provides the means to regulate the illegal trade in rhino horn effectively. In an effort to combat and eradicate the illegal trade in wild species and parts therein, South Africa has enacted numerous laws and it has ratified various international conservation Conventions. However, with more than 800 rhinos having been killed in 2013 alone, it is doubtful whether these laws and conventions are adequate. The first chapter is an introductory chapter summarising the latest statistics on rhinos fatalities as a result of poaching, an estimate on their numbers as well giving a brief overview of what laws and conventions will be discussed in this study. In the second chapter the historical development of the trade in rhino horn is dissected, who the culprits are and the reason why rhinos are poached for their horn. The third chapter analyses international conventions that have been adopted by South Africa, including conventions such as the Convention on International Trade in Enangered Species, the Convention on Biological Diversity and agreements such as the General Agreement on Tariffs and Trade. The fourth chapter will focus more on the regional contributions which the African Union and Southern African Developing Community have made in an effort to combat the illegal trade in endangered species and their products such as rhino. The fifth and final chapter discusses South African legislation which comprises of the National Environmental Management Act, National Environmental Management Biodiversity Act, National Environmental Management Protected Areas Act and the Criminal Procedure Act so as to determine what influence it has had in the effort to regulate the illegal trade in rhino horn. The conclusion that can be drawn from this study is that the South African regulatory framework on paper is indeed adequate enough to regulate and even eradicate the illegal trade in rhino horn. The reason, however, for it’s currently failure is attributable to a lack of enforcement of these measures as a result of a lack of provisions holding entities accountable.Master