Afriforum apparently served the plea below to our Minister of Environmental Affairs as well as other Minstries who have invovlement in the rhino poaching crisis. This plea begs for urgent action before the 28th October, failing which legal action will be initiated. 20 October 2014 The civil rights organisation AfriForum personally served a letter of demand on the Minister of Environmental Affairs, Ms Edna Molewa on even date, to respond on the demand of implementing emergency measures to curb rhino poaching in South Africa, by no later than 28 October 2014. According to Julius Kleynhans, the Head of Environmental Affairs at AfriForum the organisations concern is that despite publicly announced efforts to address the killing of rhinos the statistics show that the existing strategies, plans or actions are not having any significant effect on the rate of killings. “Something must be amiss. The government is aware that the number of rhinos poached has increased dramatically annually since 2008. The rate of poaching has now reached critical proportions. This would justify emergency and exceptional measures,” said Kleynhans. “If the state doesn’t start proactively engaging the real problems at source, including organised crime based inside Mozambique, the rhino in the Kruger National Park (KNP) will continue to be decimated,” Kleynhans added. AfriForum emphasised the need for proactive engagement in the following forms: 1. Reviewing the Limpopo Trans Frontier Park agreement with the possibility of re-erecting the Patrolled Border fence; 2. Applying US sourced detection and drone technology designed to identify poachers as soon as they arrive in or near to the KNP; 3. Changing the rules of engagement with poachers by utilising principles of international law and by permitting SANDF troops, SANParks Rangers and SAPS officials to go across into Mozambique, with the permission of the authorities there, to apprehend the perpetrators; and 4. Revoke instructions to Rangers, Police and SANDF personnel to apply “Minimum Force” when apprehending poachers. This soft form of apprehension is well known to the poachers and, as a result, emboldens the poachers to be ever more brazen in their poaching operations. According to the organisation, various local charities and organisations have sprung up in recent years to protect the rhino as a species, but it does not seem to have any effect on the poaching issues. “R255 million was recently donated by the Buffett Foundation of America. This amount can surely, with the necessary political will and leadership, be used proactively to put in place measures that will have the effect of turning the tide in favour of the rhinos’ preservation and against the depredations of the syndicates of poachers who prey on them with impunity at present,” Kleynhans said. “AfriForum will approach the High Court on an urgent basis for the necessary relief, if need be in order to obtain the relief sought seek,” Kleynhans concluded. Get involved by supporting AfriForum on the proactive fight against rhino poaching. SMS Rhino to 45354. R1/SMS. Julius Kleynhans Head: Environmental Affairs AfriForum To: The Minister of Environmental Affairs The Honourable Edna Molewa To: The State Attorney: Pretoria AND TO: Cc: The National Commissioner of Police: General Riah Phiyega Cc: South African National Parks Acting CEO: Dr. Nomvuseleo Songelwa 643 Leyds Street, Muckleneuk, Pretoria Cc: Ministry of Defence: Spokesperson c/o Ms. Joy Nonzukiso Peter E-Mail: [email protected] / joymandisa@yahoo AND TO: Cc: The Minister of International Relations Cc: Great LimpopoTrans Frontier Park: Cc: The Minister of Tourism Cc: The Minister of Justice and Correctional Services Cc: The Minister of Home Affairs Cc: The National Director of Public Prosecutions Cc: The WWF IN SA Dear Madam Minister, RE: EMERGENCY MEASURES TO CURB RHINO POACHING 1. We write to you on the instructions of our client Afriforum NPC with regard to the fate of the wild rhino population of the Kruger National Park (KNP) which is being poached for its horn at an increasingly alarming rate by international organised crime syndicates operating predominantly from Mozambique. 2. Our instructions are that the largest remaining concentration of wild rhino in the world is in the southern part of the KNP. 3. Afriforum’s concern is that despite publicly announced efforts to curb the killing of rhinos the statistics show that the existing strategies, plans or actions however laudable they may seem, are not having any significant effect on the rate of killings. Something must be amiss. You are aware that the number of rhinos poached has increased dramatically annually since 2008. The rate of poaching has now reached critical proportions. This would justify emergency and exceptional measures. 4. The South African National Parks (Sanparks) Board has, as custodian of wildlife and especially endangered species, an utmost fiduciary responsibility towards the people of South Africa for the safety, management and control of the KNP and its wildlife. This includes protection of the rhino within its borders as well as those of the Great Limpopo Trans-frontier Park. Notwithstanding this fundamental duty, the fact remains that the incidence of rhino poaching within the KNP is so alarmingly high and unabated that it warrants your urgent attention as the responsible member of the cabinet who is accountable to the public and therefore to Afriforum for the state of affairs in the KNP as regards its management and control. 5. However, the Sanparks Board and the Department of Environmental Affairs (DEA) have a constitutional advantage, based on the principles of co-operative governance, to be supported in their efforts by other spheres of government and organs of state. In the context of this situation one would think that a total integrated and co-ordinated effort between all spheres of government as a matter of urgency is what the situation requires. 6. We acknowledge the fact that other organs of state such as the SAPS, the SANDF and the prosecution service are all directly or indirectly involved in efforts directed towards the combating and prevention of poaching. For this reason, this letter is being copied to the Board of Sanparks, the Board of the Great Limpopo Transfrontier Park within which KNP falls, the Minister of Police, The Minister of Home Affairs, the Minister of Defence and Military Veterans, the Minister of Tourism, the Minister of Justice and Correctional Services, the Minister of International Relations, the National Commissioner of Police and the National Director of Public Prosecutions. 7. We respectfully also draw your attention to the provisions of section 24(b)(ii) and (iii) of the Bill of Rights [ as read with the applicable conservation and biodiversity legislation and regulations which you administer; and sections 1, 2, 7(2), 33, 195(1), 232, and 237 of the Constitution of the Republic of South Africa 108 of 1996] which oblige the state “…to respect, protect, promote and fulfil … the rights of everyone … to have the environment protected for the benefit of present and future generations…” through measures that promote conservation (of rhino) and to secure the ecologically sustainable development and use of natural resources while, at the same time promoting justifiable economic and social development. 8. There is good reason to believe that the state and all relevant organs of state have failed and continue to fail to adequately protect rhino in the KNP because: 8.1 The illegal poaching of rhinos have been allowed to increase exponentially in recent years from 78 in 2008 to 1004 in 2013. The statistics are even worse for 2014. 8.2 They have failed to take adequate measures to prevent and combat both locally and foreign based organised syndicates of poachers engaging in the poaching of rhinos by putting in place effective measures which are consistent with the protection of the territorial integrity of the Republic as contemplated by section 200(2) of the Constitution and which amounts to the efficient and effective (section 195(1)(b)) prevention and combating of the crime of poaching rhino (section 205(3)). 8.3 They have failed to develop adequate laws, policies, plans, emergency plans, interim plans and programmes or other measures that reasonably and accountably address the organised criminal syndicates and criminals that poach rhinos. In particular there appears to be a failure to invoke the principles of international law in order to defend the Kruger Park and the RSA against the cross border operations of crime syndicates, especially from Mozambique as part of a plan and to make use of sophisticated technological equipment and aids that are available. 8.4 They have failed to adequately train, equip and empower sufficient anti-poaching units to enforce everyone’s constitutionally guaranteed environmental rights, cross border or locally - whether they are under the command and control of the National Parks Board; or are controlled and managed by the National Commissioner of Police as contemplated by section 207(1) of the Constitution; or are in the SANDF under the command of the cabinet member responsible for defence, under the authority of the President, as contemplated by section 202 (2) of the Constitution. 9. Honourable Minister, you are on record as saying that rhinos in the wild will not be driven to extinction on your watch. Afriforum draws comfort from this statement but remains concerned that real action and suitable measures to match these words have not been forthcoming. Until the state is required to face up to and deal with the real problems, including organised crime based inside Mozambique, the rhino in the KNP will continue to be decimated. 10. Funding is not the problem when it comes to saving rhinos. Quite apart from the various local charities and organisations that have sprung up in recent years to protect the rhino as a species, we are instructed that the Sanparks Board is in receipt of a grant or donation of R255 million from the Buffett Foundation of America. This amount can surely, with the necessary political will and leadership, be used to put in place measures that will have the effect of turning the tide in favour of the rhinos’ preservation and against the depredations of the syndicates of poachers who prey on them with impunity at present. The Buffett Foundation (and others) are surely entitled to have their donations well spent in the campaign against rhino poaching. 11. We are further instructed that the President of the United States has, in 2013 during his visit to South Africa, offered assistance to save the rhinos which demonstrates the concern of the international community on the issue. Could you please indicate whether such offer for assistance has indeed been made, and if so whether and how the government has taken up the offer? 12. We are further instructed that of 108 poacher sightings in 2013 (rangers observing poachers moving in the KNP) less than 10% of those observed were apprehended. Of this 10% only 10% were prosecuted. The rest were released on bail, many of whom were not seen again. 13. KNP rangers can spend up to a week in the bush in attempting to track and arrest poachers. It is difficult to keep the morale of the rangers high given their current rules of engagement which involve the use of minimum force. The poachers clearly know this and are exploiting it to their advantage. The more correct and lawful approach is sanctioned by Section 49 of the Criminal Procedure Act which permits force that is reasonably necessary and proportional in the circumstances to overcome resistance or to preclude a suspect from fleeing. This is done instead of a general approach of minimum force which appears to be unjustifiably restrictive in the circumstances of attempts to effect arrests. 14. We respectfully submit that, in terms of our Constitution and the rule of law, it is irrational and unreasonable to expect rangers to fulfil their duties lawfully and constitutionally when they are required to deal with armed incursions (which threaten the sovereignty of the land) according to rules that apply to common criminals, and not to those who are daily making off with the family silver of the nation, prejudicing its bio-diversity and undermining its tourism industry and consequently its economy . 15. On Sunday 12 October, 2014, it was announced for the second time in the Sunday Times that rhino were being moved out of the South Eastern Portion of the Kruger Park to be relocated in safer locations elsewhere. However, we find the statements to the media difficult to reconcile with the following facts: 15.1. We have had sight of a resolution of Sanparks dated 17 March 2014 which indicated that the relocation of rhino was to have taken place forthwith. As at the date hereof, 217 days later, this relocation has only just begun. 15.2 One of our other clients; namely, Advanced Aviation Logistics South Africa (Pty) Limited (“AALSA”), is one of the very few companies in South Africa which maintains Mi8-mtv helicopters which are capable of lifting loads of up to 4 m/t. On 1 August 2014, AALSA made an offer to Sanparks to relocate up to 3 rhinos per day out of the KNP by helicopter. Since 1 August, 2014, AALSA has received no communication at all from Sanparks. The lack of response leaves the impression that the situation is not treated with sufficient seriousness nor with the urgency it deserves. 16. Whilst it is not for Afriforum to prescribe how you are to fulfil your duties and functions or what specific steps should be taken by your Department, there are several measures which could be taken. Experts in this field are confident these measures will go a long way to reduce the numbers of rhinos poached. These measures which are not exhaustive include the following: 16.1 Applying US sourced detection and drone technology designed to identify poachers as soon as they arrive in or near to the KNP. 16.2 Changing the rules of engagement with poachers by utilising principles of international law and by permitting SANDF troops, Sanparks Rangers and SAPS officials to go across into Mozambique, with the permission of the authorities there, to apprehend the perpetrators. 16.3 Revoke instructions to Rangers, Police and SANDF personnel to apply “Minimum Force” when apprehending poachers. This soft form of apprehension is well known to the poachers and, as a result, emboldens the poachers to be ever more brazen in their poaching operations. 17. We, and others concerned about the situation, have attempted to meet with you to express our concerns and offer solutions - all without success. As recently as the 3rd of October, we were informed by your secretary that a meeting was to be scheduled with you Minister. Nothing further has transpired. We had even been asked by your department to state our case before (another) panel of experts to advance the issues referred to in para 16 above. However, we have since been told by your department that such a panel has yet to be created. Despite all this, nothing further has transpired which gives Afriforum reason to believe that the matter is not receiving the urgent attention it deserves. In the meantime the WWF is in the process of forming a Wildlife Justice Commission in Holland to address, inter alia, the plight of the rhino. This should actually be the function of our government. 18. As things stand now, statistics indicate that with an estimated population of little over 5000 Rhino in the KNP, the entire rhino population KNP will become extinct within 5- 7 years should the killing rate continue. In such a case you may well still be in office when the last rhino in the KNP is poached. However, Minister, we are pleading with you to increase the actions of your Department and Sanparks (with the assistance of the SAP, SANDF and the other departments and organs of state copied on this letter) so as to avoid the unthinkable. 19. We also need to remind you that currently this country boasts its ability to host the “Big 5” which is worth millions of Rands in revenue from tourism. The Big 5 are also responsible for thousands of jobs in the tourism industry. We simply ask these questions: 19.1 How many jobs will be lost in this country if we can only host the “Big 4”? 19.2 How much foreign exchange will this country lose ? 19.3 Do we simply blame our Mozambican neighbours for this situation ? or 19.4 Do we say that it is our fault for letting the situation get this bad without taking the hard decisions and actions to halt the problem of poaching ? 20. We have yet to see in any media statement, your identification of areas where the combating of the poaching can be improved (which is not sufficiently successful despite existing efforts), and resorting to international law principles and other effective measures to combat the poaching being perpetrated from neighbouring countries. 21. On 8 October, 2014 your department officially launched a UNEP-GEF project to establish a DNA database of rhino horn. This project is to be commended and will, no doubt, become useful later but, for the moment, the Cites ban on trade in rhino horn effectively takes care of the need for evidential issues when someone is found in possession of any rhino horn in suspicious circumstances. It is this kind interest in side issues which are currently not as important which has the effect of disguising the fact that more urgent and different tactics are necessary in order to drastically reduce the numbers of rhinos poached. 22. Honourable Minister, we are again pleading with you to take the necessary decisive and efficient action. If not, we fear that the rhino will be lost and that the blame for the extinction of rhino will be laid at your door. However, we also believe that if you do exercise your powers and political influence and take decisive action, then you will be hailed as the person who has stopped the extinction of the rhino in the KNP. 23. Afriforum remains willing to meet with you as a matter of priority in order to give input on what needs to be done further to combat the poaching in a constitutionally compliant manner. 24. However , should we not receive a positive and pro-active response from you by no later than noon on the 28 October 2014, then it is Afriforum’s intention to bring an urgent application in the High Court for appropriate declaratory, mandatory and supervisory relief aimed at curing the issues that at present threaten the existence of the rhino as a species. Please acknowledge receipt of this letter. Our clients are prepared to engage with you and your advisers at any time.
Posted on: Tue, 21 Oct 2014 13:14:54 +0000