/ 10 March 2000

SA is not enforcing Cites treaty

Fiona Macleod

The police’s endangered species protection unit (ESPU) this week raised serious doubts about South Africa’s capacity to enforce regulation of the animal trade in accordance with the international convention for regulating trade in endangered species – Cites.

The government will propose to Cites in April that South Africa’s population of 12 000 elephants be downlisted as endangered species – a move which will enable a one- off sale of ivory to Japan, as well as allowing trade in hides and other leather goods and the sale of live elephants to conservation areas outside the country.

But a recent report by the ESPU raises serious questions about South Africa’s ability to honour its Cites obligations – the quid pro quo for its request to go ahead with the Japan sale and downlist elephants in the endangered species ranks.

The report says ”the [South African] permit system and control at border posts from a practical law-enforcement perspective” sounds warning bells about the capability of the authorities to control illegal trade at the country’s 91 entry and exit points.

‘There is no need for any animal trader/dealer/ smuggler to resort to fraud or criminal activities with regard to permits or illegal transit shipments across the borders … [because of] the inefficiency of the present permit system, the enforcement thereof and customs control regarding wildlife trade.

”To a large extent South Africa should be thankful other countries have strict requirements for imports and that animal traders prepare their consignments in order to meet those countries’ requirements, as these are definitely not adequately enforced locally,” says the report.

It points out there are inadequate customs controls, insufficient knowledge of Cites prescriptions and a lack of communication between the authorities charged with controlling trade.

The export permit system in particular is ”any law enforcer’s nightmare”, mainly because of poor administration. As a result, a number of Cites regulations are regularly flouted.

”At present just about any illegally captured or obtained animal can be laundered without most permit officers even blinking an eye.”

Part of the problem is that Cites requirements are administered and enforced through old provincial laws. The government says it is in the process of replacing these with national legislation, as well as with a uniform system for implementing Cites regulations.

The ESPU report underlines the urgency of these moves, particularly if Cites gives South Africa’s proposals the go-ahead in April.