Cape Town - The North Gauteng High Court in Pretoria’s decision to lift the ban on domestic trade in rhino horns was hailed a victory for local rhino farmers and hunters, but the jubilation may be short-lived as the government intends to appeal the ruling.
On Thursday, Judge Francis Legodi ruled in favour of John Hume, who calls himself the single largest private rhino owner and breeder in the world, and wildlife rancher Johan Kruger.
They attacked the 2009 national moratorium on domestic trade in rhino, imposed by former minister of Water and Environmental Affairs, Marthinus van Schalkwyk.
The pair challenged the moratorium on domestic trade in white rhino horns on various grounds, including that the government did not follow the process of public participation as prescribed by the law.
Judge Legodi agreed, saying the moratorium ought to be reviewed and set aside.
He said the minister had not - in at least one newspaper distributed nationally - given notice of the then proposed moratorium on trade in rhino horns.
The moratorium was put in place as a temporary measure and had not been lifted since.
Hume and Kruger said they and other rhino breeders were being deprived of the right to domestically trade in their rhino horns.
The country is a signatory to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites), which regulates the trade in certain species, including the rhino. Cites placed an international ban on rhino horn trade in 1975.
Domestic trade, until 2009, was legal. In 1997 there was an attempt to lift the international trading ban, but this proposal failed by one vote.
Judge Legodi said the level of rhino poaching since the moratorium has been in place was alarming.
In 2008, shortly before the moratorium was imposed, the number of rhinos poached was just below 100.
In 2009, between 100 and 200 were poached and, in 2012, just below 400.
This escalated to 500 in 2011, and last year about 1 200 were poached.
“The extent of smuggling or illegal export of rhino horns due to lack of implementation of the applicable measures is not known.
“But what disastrous implications would be brought about by the immediate lifting of the moratorium?
“I cannot think of any. The solution appears to lie in the effective implementation of applicable and envisaged measures,” the judge said.
Minister of Environmental Affairs Edna Molewa said the department intends appealing the judgment.
Meanwhile, she has warned that the court’s ruling should not be misconstrued to mean that domestic trade in rhino horns may take place in an unregulated manner.
“It must be emphasised that all trade in rhino horn will be subjected to the issuing of the relevant permits… “
Cape Argus
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