On Tuesday 19th November 2024, Cullinan and Associates, environment lawyers, acting on behalf of the Wildlife Animal Protection Forum of South Africa (WAPFSA), a collaborative network representing the interests of wild animals and the natural environment, which was established to engage government on animal protection, ethical and compassion conservation, welfare, biodiversity loss and climate change, among other issues, requested an extension period for written scientific information on non-detriment findings (NDFs) published on the 15th October 2024 by the Department of Forestry, Fisheries and the Environment.

READ THE FULL LETTER HERE:

“We refer to your Department’s Gazetted Notice calling for public comment in the form of “written scientific information” on non-detriment findings (NDFs) published on the 15th October 2024 “written scientific information” on non-detriment findings (NDFs) for certain species and “the NDF Notice”).

The NDF Notice requires comments to be submitted by no later than 14 December 2024.

The NDF Notice asks for comments on more than 1000 species.

The purpose of this letter is to ask for an extension of the comment period until 16 February 2025.

All Members of the Wildlife Animal Protection Forum of South Africa were in support of this request.

Image Credit: ©EMS Foundation 2017.

©WAPFSA 2024. All Rights Reserved.

Excerpts from the letter read as follows:

“I have seen at first-hand how injustice gets overlooked when the victims are powerless or vulnerable, when they have no one to speak up for them and no means of representing themselves… Animals are in precisely that position. Unless we are mindful of their interests, and speak out loudly on their behalf, abuse and cruelty goes unchallenged.” ARCHBISHOP DESMOND TUTU

7th October 2024

Congratulations on your appointment as Minister to the Department of Forestry, Fisheries and the Environment and to your first 100 days in Office. 

On behalf of the members the Wildlife Animal Protection Forum of South Africa, I have enclosed a letter which contains issues of concern, which relevance and applicability are flagged for your consideration in relation to DFFE’s environmental policies with reference to wildlife:

THE NINE AREAS OF CONCERN

Honourable Minister, WAPSA believes that addressing these nine issues of concern can significantly enhance the protection of South Africa’s precious biodiversity for generations to come.

Protecting Our Legislation – the Well-Being Considerations of Wild Animals

WAPFSA has noted the motion by the SA Hunters and Game Association (SAHGCA) to strike down the legislation on the treatment of wild animals.   Their complaint hinges on their claim that the State failed to facilitate sufficient public engagement in the crafting of the National Environmental Management Laws Amendment (Nemla) Act 2 of 2022.  

They want certain provisions in the Act declared invalid and unconstitutional or suspended for a year pending more public discussion.

WAPFSA strongly believes in the merits of opposing this application. 

Trophy hunting in GLTCA: regulatory inadequacies and proposals for law reform

Animals in the KNP and the areas open to it are held in trust by the state on behalf of the people of South Africa. The State has a duty to make information about the management of the Open System accessible to the public as “swiftly, inexpensively and effortlessly as reasonably possible”. 

The current Cooperative Agreement makes it very unlikely that this will happen, undermining transparency and accountability. The new Cooperative Agreement signed on 5 December 2018 creates legal framework for regulating trophy hunting in the Open System. However:

• Directions of Parliament were not followed in the signing of the agreement.
• Interested and affected parties were not invited to comment on the draft agreement. 
• SANParks persisted in signing it, despite the threat of legal action if it did so
• No effective improvements in way trophy hunting is governed
• Trophy hunting will continue to be governed by protocols adopted by the Joint Management Committee established by the agreement
• Compliance with protocols is not mandatory
• No penalties for not complying with the protocols
• JMC has no legal personality (Is it a public body?)
• Stakeholders who are not members of the JMC have no right to attend meetings

Save the South African Rhino – Destroy South African Rhino Horn Stockpiles

South Africa’s rhino horn stockpiles are driving the illegal trade in rhino horn.  There have been numerous examples of rhino breeders and their industry colleagues who have been implicated in the illegal sale of hundreds of rhino horn, suspicious deaths of rhinos and in the possession of unmarked rhino horn. 

South Africa’s pivotal role in the illegal international trade of rhino horn has been confirmed by numerous researchprojects and published in the South African Anti-Money Laundering Integrated Task Force Report.  

Further reports presented at CITES CoP19 which harvested rhinos horns have been diverted from rhino horn stockpiles in South Arica to become a major source for the illegal wildlife trade.

A Report confirms that official South African rhino horn stockpile figures are conflicting, inconsistent untrustworthy and cannot be verified. 

Despite new provisions in NEM:BA and a new vision of “secured, restored, and rewilded natural landscapes with thriving populations of Elephant, Lion, Rhino, and Leopard, as indicators for a vibrant, responsible, inclusive, transformed, and sustainable wildlife sector” this version of the TOPS Regulations remains focussed on the monetization of wildlife, including the endorsement of the continuation of certain activities such as commercial exhibitions, travelling exhibition of TOPS species, which include zoos and circuses and the continuation of the breeding, trading and exporting of TOPS.

In a reply from Minister Barbara Creecy to a letter from WAPFSA members Ban Animal Trading/EMS Foundation:  “The legislative mandate to regulate the well-being of wild animals, which has been included in NEM:BA as an amendment through the National Environmental Management Laws Amendment Act, 2022 (Act No. 2 of 2022), came into force on 30 June 2023 when Proclamation Notice No. 125 was published in Government Gazette No. 48869. I now have the legislative mandate to prohibit activities that may have a negative impact on the well-being of wild animals, and to make regulations in relation to the well-being of wild animals. These legislative amendments will be initiated in due course.”

WAPFSA members have proposed the addition of non-human indigenous primates to the current TOPS list as protected species. 

South Africa is home to six indigenous non-human primate species: the Chacma baboon, Samango monkey, Vervet monkey, Thick-tailed Bushbaby, Southern lesser Bushbaby, and Mozambique dwarfed Bushbaby.

WAPFSA Members strongly support the fact that non-human primates have high conservation value and national importance which require regulation in order to ensure that these species are managed in an ecologically sustainable manner and are protected in compliance with Section 24 of the Constitution.

©WAPFSA 2023. All Rights Reserved.

WAPFSA COMMENTS ON GOVERNMENT NOTICE UNDER SECTION 9A READ WITH SECTIONS 99 AND 100 OF NEMBA 2004 (ACT NO. 10 OF 2004)

The Wildlife Animal Protection Forum of South Africa WAPFSA is a collaborative network consisting of 30 (thirty) organisations representing the interests of wild animals and the natural environment as a vehicle with which to engage with the South African government on subject matter which includes, amongst other, wild animal protection, ethical and compassionate conservation, welfare, biodiversity loss and climate change.

South Africa is home to the world’s largest commercial lion farming industry. Lions are bred, often in appalling conditions, they are exploited for profit at every stage of their short lives.

At some facilities in South Africa cubs are removed from their mothers within a few days of their birth and are placed in the care of unsuspecting foreign and local volunteers who pay handsomely for the opportunity to look after “orphaned lions and other big cats”. Captive lions and other big cat cubs are also utilised in cub petting and various tourist interaction industries such as “walking with lions”.

When the cubs have reached the desired age and are no longer considered safe to be utilised in the tourist industry some of the lions are hunted for trophies either for the local hunting industry or for trophies that are exported to countries that condone canned lion hunting. Canned lion hunting reserves in South Africa typically have reinforced fences to prevent the lions from escaping during a hunt. Some of the lions are kept in small enclosures so that hunters with minimal skill, energy, patience or time can still successfully kill them.

The Members of WAPFSA are pleased that the Minister and the Department of Forestry, Fisheries and the Environment are finally initiating concrete steps against this distasteful industry. We encourage the South African government to do more to prevent the disturbing practices taking place at these breeding facilities.

WAPFSA members remain concerned about the trade, including live lions, the hunt and consumption of lions and all big cats and they stress the need for a just transition and re-establishment of harmonious coexistence with Nature and the protection of the web of life.

WAPFSA members support the acknowledgement of sentience in this Document and recommend that sentience is included and recognised in all DFFE policies and legislation in relation to wildlife. The inclusion of sentience is in line with the implementation of NEM:BA and the principles of wildlife well-being.

In the Draft prohibition, we noted the mention of the prohibition, of the introduction of live specimens of African lion; this therefore covers the prohibition of breeding and introducing new cubs. WAPFSA members are of the strong opinion that sentience should be referenced in this Prohibition and all the policies in relation to wildlife, underscoring the current efforts to implement principles of animal well-being as stated in NEM:BA and they stress that sentience should for no reason been removed in the finalised version of the document.

WAPFSA members would like the Draft Prohibition to properly address the issue of stockpiling, and implement the abolishment of all big cat bone stockpiles.

The prohibition to breed ALL big cats in South Africa is urgently required as currently there is a lack of effective monitoring and regulation at captive breeding facilities to monitor births, deaths transportation of live cats and the disposal of carcasses. This means that captive breeding facilities can act as a conduit for illegal and illicit trade. Similarly, prohibitions should be urgently promulgated to end the handling of, petting of and interactions with lions by humans for commercial purposes.

©WAPFSA 2023. All Rights Reserved.

WAPFSA members support many elements contained in this Draft Policy Position, which are also in line with the White paper, these include:

1. “Thriving People and Nature”, which reconnects with Ubuntu, the Indigenous Knowledge and the principles of Harmonious Coexistence and is consistent with the United Nations Environment Program’s Living in Harmony with Nature by 2050;
2. “South Africa’s priority is to secure the survival of species in the wild”;
3. “Focus primarily on correcting unsustainable practices”;
4. “The environment is protected” as a priority;
5. “Duty of care” at the biodiversity, species and individual level
6. The well-being of wildlife is recognised, including the “well-being of individual animals”
7. “End the Captive keeping of Lion for commercial purposes” and
8. “Potentially apply this to other species”;
9. “Phasing out the domestication and intensification of management of Rhinoceros”.

WAPFSA members are, however, deeply concerned about the emphasis given to the set of human interactions that produce, trade, hunt and consume wildlife euphemistically known as the wildlife economy.

The White Paper on Conservation and Sustainable Use of South Africa`s Biodiversity (2022) although presenting the wildlife economy as an opportunity for growth, also indicates that the consumptive practices associated with it can have negative impacts if conducted too intensively, or inappropriately.

©WAPFSA 2023. All Rights Reserved.