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Scoping Report: Investigating the Challenges Facing Compliance
Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
The Endangered Wildlife TrustOctober 2012
Summary Report
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
ACKNOWLEDGEMENTS:
This report was funded by the Howard G Buffet Foundation. The report was
adapted from the offi cial results of a formal investigation undertaken by external
consultants Envolve1 . The report was made possible through the contribution
of information from the respondents and experts that participated, for which
they are greatly thanked. Yolan Friedmann, Harriet Davies-Mostert and Marie
Parramon-Gurney provided valuable editorial and other comments.
DISCLAIMER:
The views contained in this report refl ect those of various respondents and
experts and do not necessarily represent the views of the Endangered Wildlife
Trust.
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
TABLE OF CONTENTSLIST OF ACRONYMS ii
GLOSSARY OF TERMS vi
EXECUTIVE SUMMARY 1
INTRODUCTION 7
METHODOLOGY 9
THE EFFECTIVENESS OF COMPLIANCE MONITORING AND ENFORCEMENT 14
ANALYSIS OF THE PROMINENT CONSTRAINTS 18
RECOMMENDATIONS FOR IMPROVED COMPLIANCE MONITORING AND ENFORCEMENT 24
NOTES 30
REFERENCES 34
i
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
LIST OF ACRONYMSACSA Airports Company South Africa
AFU Asset Forfeiture Unit
AG Admission of Guilt Fine
BCU Biodiversity Crime Unit
CAS Criminal Administration System of the SAPS
CIS Corporate Investigation Services
CITES Convention on the International Trade of Endangered Species of
Wild Fauna and Flora
CPA Criminal Procedure Act (Act 51 of 1977)
DAEARD Department of Agriculture, Environmental Affairs and Rural
Development (KwaZulu-Natal)
DACERD Department of Agriculture, Conservation, Environment and Rural
Development (North West)
DAFF Department of Agriculture, Forestry and Fisheries
DEA Department of Environmental Affairs (National)
DEADP Department of Environmental Affairs and Development Planning
(Western Cape)
DEDTEA Department of Economic Development, Tourism and
Environmental Affairs (Free State)
DETEC Northern Cape Department of Tourism, Environment and
Conservation (Northern Cape)
DPCI Directorate for Priority Crime Investigations (the Hawks)
DPP Director of Public Prosecutions
DSO Directorate of Special Operations
DWA Department of Water Affairs
ECA Environment Conservation Act (Act 73 of 1989)
ii
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
EKZNW Ezemvelo KZN Wildlife
EMI Environmental Management Inspectorate/ Inspectors (depending
on the context)
EMPR Environmental Management Programme
EWT Endangered Wildlife Trust
GDARD Gauteng Department of Agriculture and Rural Development
(Gauteng)
HAWKS DPCI
ICM Act National Environmental Management: Integrated Coastal Man-
agement Act (Act 24 of 2008)
Interpol International Criminal Police Organization
IRFA Intergovernmental Relations Framework Act (Act 13 of 2005)
KNP Kruger National Park
KZN KwaZulu-Natal
LEMA Limpopo Environmental Management Act (Act 7 of 2003)
MARPOL Marine Pollution: International Convention for the Prevention of
Pollution from Ships
iii
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
MCM Marine and Coastal Management
MEC Members of the Executive Council
MLRA Marine Living Resources Act (Act 18 of 119)
MPA Marine Protected Area
MTPA Mpumalanga Tourism and Parks Agency
NATJOINTS National Joint Committee
NCER National Environmental Compliance and Enforcement Report
NCO Nature Conservation Ordinance
NEMA National Environmental Management Act (Act 107 of 1998)
NEM: BA National Environmental Management: Biodiversity Act (Act 10 of
2004)
NEM: PAA National Environmental Management: Protected Areas Act (Act
57 of 2003)
NIA National Intelligence Agency
NSPCA National Society for the Prevention of Cruelty to Animals
NWCRU National Wildlife Crime Reaction Unit
NPA National Prosecuting Authority
PAJA Promotion of Administrative Justice Act (Act 3 of 2000)
POCA Prevention of Organised Crime Act (Act 121 of 1998)
PROVJOINTS Provincial Joint Committee
SAHRA South Africa Heritage Resources Act (Act 25 of 1999)
SANBI South African National Biodiversity Institute
SANParks South African National Parks
iv
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
SAPS South African Police Services
SARS South African Revenue Services
SANDF South African National Defence Force
SEMA Specifi c Environmental Management Act
SOPS Standard Operating Procedures
TOPS Threatened or Protected Species
TOR Terms of Reference
TRAFFIC Trade Records Analysis of Flora and Fauna in Commerce
WCECF Western Cape Environmental Crime Forum
WCO World Customs Organisation
v
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
GLOSSARY OF TERMSAdmission of guilt fi nes (J534) means fi nes paid for less serious environmental
offences in terms of Section 56 of the Criminal Procedure Act, 51 of 1977
(there is also an alternative process in section 34G of NEMA). The monetary
limit of J534 fi nes is R2500.
Acquittal means a not guilty verdict imposed by a court of law after a trial and
the state has failed to prove the guilt of an accused beyond reasonable doubt.
Bio-prospecting means any research on, or development or application of,
indigenous biological resources for commercial or industrial exploitation, and
includes -
(a) the systematic search, collection or gathering of such resources or
making extractions from such resources for purposes of such research,
development or application;
(b) the utilisation for purposes of such research or development of any
information regarding any traditional uses of indigenous biological
resources by indigenous communities; or
(c) research on, or the application, development or modifi cation of, any such
traditional uses, for commercial or industrial exploitation.
vi
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
Compliance the word ‘compliance’ has been defi ned as ‘obedience to a
request or command’2. In legal and regulatory policy, the state of ‘compliance’
describes an ideal situation in which all members of a legal community adhere
to the legal standards and requirements applicable to that community’s
activities3.
Compliance Monitoring is undertaken in order to assist compliance, it is a tool
to assess compliance with the prescribed legal requirements and permitting
conditions4.
Conviction means a guilty verdict imposed by a court of law after a trial has run
and the state has proved the guilt of the accused beyond reasonable doubt.
Docket means criminal dockets registered with the South African Police
Service.
Enforcement while compliance denotes a particular state of adherence to
a set of legal requirements or standards, ‘enforcement’ refers to ‘the actions
that governments and others take to achieve compliance within the regulated
community’ and to correct or halt situations where such compliance is not
present. In the regulatory cycle, ‘enforcement’ describes the actions taken in
response to detected non-compliance, including punishment of the violator,
and/or actions taken to ensure that harm to the environment is halted and/or
rehabilitated5.
vii
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
J175 Summons means a summons issued by a prosecutor, who is able to set up
to R5000.00 admissionof guilt fi ne.
Nolle prosequi is a term used to describe a situation where the state declines to
prosecute in a specifi c matter.
Section 105A agreement means a plea and sentence agreement entered into
between the accused and the prosecutor in terms of section 105 of the Criminal
Procedure Act, 51 of 1977, in which the accused pleads guilty and the terms and
conditions of the sentence are set out and confi rmed by the court. This is also
referred to informally as a plea bargain.
viii
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
1
EXECUTIVE SUMMARYThis report represents the summary fi ndings of a scoping exercise to examine
the status of compliance monitoring and enforcement of South Africa’s
biodiversity and conservation legislation6, identify weaknesses and gaps and
subsequently make recommendations for improvement.
SUMMARY OF KEY FINDINGS Y FINDINGS
• Overall challenges
The most signifi cant challenges impairing effective enforcement and
compliance monitoring include the lack of capacity and skills as well as
corruption, or preceived corruption, with capacity constraints (i.e. a lack of
training and adequate resources) emerging as the main factor hampering
effective compliance monitoring and enforcement. For the Environmental
Management Inspectorate (Green Scorpions), building skilled and trained
personnel has been one of the Inspectorate’s keys to their success.
Notwithstanding provision for additional resources and the realignment
of structures, the retention of staff, especially those with experience and
commitment, however remains a major challenge for the Inspectorate7.
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
2
• Intrinsic challenges related to the legal framework
In addition to the comprehensive legal review8, it was also found, through
interviews with various stakeholders, that the following legislative provisions
are hampering effective compliance monitoring and enforcement:
- Lack of harmony between defi nitions in the National Environmental
Management Biodiversity Act, 10 of 2004 and the accompanying
Threatened or Protected Species Regulations (TOPS).
- Problematic provisions on the enforcement powers of offi cials in
biodiversity, conservation and provincial legislation.
- Inadequate monitoring and enforcement at ports of entry and exit in
TOPS and the Convention on the International Trade of Endangered
Species of Wild Fauna and Flora (CITES) legislation.
One of the methods used to smuggle wildlife contraband.
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
3
- Confl icting and confusing regulations - Provincial laws contain some
regulatory provisions on similar issues to those governed by national
legislation. This sometimes leads to confl ict and confusion, especially
with the issuing of permits. There is also the problem of concurrent
jurisdiction with provincial and national legislation, which results in
ineffective enforcement of biodiversity and conservation legislation.
- Problematic provisions in bio-prospecting legislation - The defi nition
of bio-prospecting is creating compliance challenges in the cosmetic,
industrial, and beverage industry and bioprospecting related fee
structures are proving problematic to interpret and implement.
• Challenges related to criminal prosecutions and the capturing of
enforcement data
In respect of criminal prosecutions the general sentiment seems to be that the
National Prosecuting Authority (NPA) is frequently unsuccessful in securing
convictions for offenders who contravene biodiversity and conservation
legislation. The accuracy of this sentiment could not be measured due the
lack of accurate statistics in this regard. Sourced case reports showed there
were quite a few successful prosecutions, and often signifi cant sentences.
The factors contributing to unsuccessful prosecutions include the gaps in,
and constant changes to the legislation, as well as a skills shortage among
enforcement offi cials. Where contraventions are detected, offenders are
often not brought to book because they are not prosecuted effectively. This
is largely due to inexperience on the part of many prosecutors in the NPA
especially in the lower levels, and at one-man stations.
Lastly, a gap in the accurate accumulation and recording of data on the
enforcement of biodiversity and conservation legislation was identifi ed.
Failure to record case data correctly, hinders the identifi cation of problem
areas in enforcement and therefore no specifi c management measures
nge
spect of crim
ional Prosecu
victions for o
slation. The a
accu
beverage
proving proble
d to criminal pr
osecution
of
s in ospe
mpli
ry and
atic to interpr
osecutions and
e general sent ment seems to
y unsuccessful i
diversity and co
not be measur
se reports s
aptu
who contravene
cy of this sentiment could
stics in this regard. Sourced c
uccessful prosecutions, and often
ibuting to unsuccessful prosecutions
hanges to the legislation, as well as a sk
ffi cials. Where contraventions are dete
t to book because they are not prose
xperience on the part of man
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
4
are developed to address such problem areas. This problem is being
experienced across the board, in all enforcement agencies, and is
attributable to a range of factors, such as the use of different data
collecting methods and inconsistency in the reporting of cases by other
law enforcement agencies.
SUMMARY OF KEY RECOMMENDATIONS
Based on the constraints and challenges listed above, the following
recommendations were made:
• Training and Capacity Building
A holistic approach should be adopted whereby all role-players are
regularly and effectively trained through greater use of peer-learning
methods. This seems to be happening at a higher management level,
however forums and working groups are required for lower level staff on
the ground as well. Training is also needed in agencies and institutions
such as the Asset Forfeiture Unit (AFU), customs, and the SAPS border
police. It is also strongly recommended that offi cials in both the various
provincial and national departments of environmental affairs obtain
further specialised training in terms of the regulation and implementation
of the TOPS Regulations, prior to being mandated with the
implementation thereof.
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
5
• Appointment of environmental management inspectors
The Environmental Management Inspectorate should be bolstered by the
appointment of additional Environmental Management Inspectors (EMIs),
the appointment of more EMI Grade 1 offi cials who have the power to sign
off on notices, and the appointment of municipal offi cials as EMIs.
• Continuation of effective cooperation and international cooperation
Improved cooperation between relevant authorities should be achieved
by the creation and expansion of new inter-governmental working groups
and crime forums which will undoubtedly contribute to better cooperation
between relevant authorities. It is, however, critical that the Department
of Environmental Affairs (DEA) and the different provinces (through
these structures) ensure consistency and standardisation in relation to
conservation approaches and policies. National priorities also need to be
clearly delineated to ensure that suffi cient resources are applied to the most
pressing issues.
• Improved system of capturing enforcement data
Accurate, up-to-date statistics on enforcement activities should be captured
by a web-based information system. The huge variation in organisational,
procedural and IT systems and resources between the various authorities
means that this may not be possible at the moment, but this hurdle needs
to be overcome in time with a centralised database being established to
gather the relevant information.
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
6
• Amendment of legal regime
All comments made as part of the detailed legislative review should
be considered and the legislation amended where necessary. The
Endangered Wildlife Trust (EWT) will be approaching the relevant
department/s to commence a process of motivating and advocating for
such changes.
Searching passengers and luggage, a practical
demonstration.
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
7
INTRODUCTIONAlthough compliance monitoring and enforcement of South Africa’s
environmental legislation is the legal mandate of government, there is a clear
role for NGOs and civil society involvement in strengthening the existing
environmental compliance and enforcement measures. The Endangered
Wildlife Trust (EWT) embraced this role with support from the Howard G.
Buffett Foundation and launched its Compliance and Enforcement Project
in October 2008. This project supports and reinforces existing governmental
organisations that have the relevant mandate and allocated powers to ensure
compliance and enforcement.
As part of this project, a scoping exercise was conducted in 2009-10 to evaluate
the status of compliance and enforcement of South Africa’s environmental
regulatory regime. Following this, the EWT worked with external consultants
Envolve9 to undertake a formal investigation into the effectiveness of the
current system of compliance monitoring and enforcement of South Africa’s
biodiversity and conservation legislation.
The investigation examined the relevant legislation highlighting any
problematic provisions, analysed national statistics on enforcement contained
in the National Environmental Compliance and Enforcement Reports published
annually by the Department of Environmental Affairs, considered the results
of previous studies, scrutinized relevant available case law and assessed the
capacity and effectiveness of the various enforcement bodies and the criminal
justice system. This investigation culminated in a report containing an in-depth
analysis of the gaps/constraints and recommendations for improvement of
compliance monitoring and enforcement of national and provincial biodiversity
and conservation legislation in South Africa.
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
8
Due to the confi dential nature of some of the information contained in the
report, the report was subsequently adapted to exclude any confi dential
information, carefully ensuring that no facts were altered or changed thereby
making it accessible and suitable for a public audience. The confi dential sections
mostly relate to the legislative review which highlights various shortcomings
and problematic provisions in the legislation. Making this information publicly
available could alert potential transgressors to shortcomings or errors in the
legislation, which may be used to escape liability, and would only frustrate the
purpose of the review. In addition, the confi dentiality of some offi cials who
contributed to the interviews and questionnaires has been respected.
Going forward, the EWT will identify which of the recommendations
contained in this report the NGO sector can undertake and will
encourage all relevant stakeholders to implement the full scope of the
recommendations made.
Snares used to catch wildlife
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
9
METHODOLOGYThe investigation entailed analysing 1) relevant legislation; 2) national statistics
on enforcement contained in the National Environmental Compliance and
Enforcement Reports published annually by the Department of Environmental
Affairs; 3) the results of previous studies; 4) relevant available case law; and
5) the capacity and effectiveness of the various enforcement bodies and the
criminal justice system.
The investigation involved the following methodology:
• Review of the following legislation in order to determine the enforcement
powers provided, and any problematic provisions hampering
enforcement -
- National Environmental Management Biodiversity Act, Act 10 of 2004
(NEM: BA).
- National Environmental Management Protected Areas Act, Act 57 of
2003 (NEM: PAA), the discussion is however limited to biodiversity
and conservation issues.
- The provincial conservation legislation in all nine provinces, which
includes the Nature and Environmental Conservation Ordinance 19
of 1974 (Western Cape, Eastern Cape, Northern Cape, and North
West); the Nature Conservation Ordinance 12 of 1983 (Gauteng
and North West); the Nature Conservation Ordinance 8 of 1969
(Free State); the Nature Conservation Ordinance 15 of 1974 (Kwa-
Zulu Natal); the Mpumalanga Nature Conservation Act, 10 of 1998
(Mpumalanga); and the Limpopo Environmental Management Act,
7 of 2003 (Limpopo). Due to the current and pending amendment
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
10
processes, this is limited to the enforcement of the legislation and
does not include an evaluation of the actual provisions, although
limited comments thereon have been provided.
• Drafting a generic questionnaire for use in interviews with key identifi ed
individuals;
• Conducting interviews, in person where possible, otherwise telephonically;
• An assessment of -
- National Environmental Compliance and Enforcement Reports
(NECER, 2008-9 and 2009-10), published by the Department of
Environmental Affairs;
- Recent case law10 on biodiversity and conservation enforcement. Due
to the fact that the bulk of case law on biodiversity compliance and
enforcement are unreported and often not transcribed, unreported
case law was further determined through interviews.
- Recent developments in initiatives aimed at improving compliance
monitoring and enforcement, such as the National Wildlife Crime
Reaction Unit (NWCRU) and the establishment of dedicated or
specialised prosecutors;
- Assessments of answers to questionnaires and other data already
obtained by the EWT that are relevant to the subject; and
- Results from interviews with key stakeholders.
Cautionary remarks about methods
The following remarks regarding the methodology should be noted:
• The general legal review is largely based on a desktop study, comprising a
review of the current key legislation. The legal review was limited in scope
(number of statutes analysed) due to budget and time constraints. Some of
the problems identifi ed came to the fore during the review, while others were
identifi ed through previous regular personal interaction with enforcement
offi cials and prosecutors.
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
11
• The interview questionnaire was directed at key role-players, containing 54
detailed questions on both the effectiveness of biodiversity and conservation
legislation as well as the effectiveness of the enforcement thereof.
• The questionnaire was distributed widely, however only a small number of
responses were received, these were followed up on, and additional persons
were contacted. The primary reasons for the poor responses to the written
questionnaire were that the recipients had fatigue and busy schedules.
• Respondents preferred telephonic interviews over the written questionnaire,
as these were less time consuming.
• Certain key individuals were specifi cally targeted in order to obtain
information on particular issues that came to the fore. This approach proved
to be a successful means of obtaining valuable information.
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
12
Institutions Number of individuals
initially aimed to
interview
Number of individuals
interviewed through
generic questionnaire
Targeted interviews
with experts to
obtain additional
specifi c information
Provincial
conservation
agencies (excluding
provincial parks
agencies/boards)
At least two
individuals in each
of the nine provincial
agencies
One individual each
from four of the nine
provincial conservation
agencies
One additional
targeted interview
Department of
Environmental
Affairs (DEA
National level)
Five individuals
At least one individual
responsible for
1. Threatened or
Protected Species
Regulations
(TOPS),
2. CITES,
3. Bio-prospecting,
4. Investigations,
and
5. Training
One offi cial from the
national Department
of
Environmental Affairs
Four additional
targeted interviews
National Prosecuting
Authority (NPA) and
the Directorate of
Public Prosecutions
(DPP)
One individual from
the NPA and one
individual from each
DPP
Four individuals Three additional
targeted interviews
South African
Police Service
(SAPS)
Four individuals Four individuals One additional
targeted interview
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
13
SANParks including
one from Corporate
Investigation
Services (SANParks)
Two individuals None of the individuals
contacted responded
to the questionnaire
or the request for an
interview. Informal
contact was however
established.
Additional persons Two NGO
representatives
Two additional
targeted interviews
The conclusions and recommendations contained in this report are based on
interview responses, the evaluation of the legislation as well as all the other
material evaluated, including the NECER and previous studies undertaken by
the EWT.
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
14
THE EFFECTIVENESS OF COMPLIANCE MONITORING AND ENFORCEMENTHOW EFFECTIVE IS COMPLIANCE MONITORING AND ENFORCEMENT OF
BIODIVERSITY AND CONSERVATION LEGISLATION, AND WHAT ARE THE
MAIN CONSTRAINTS?
The respondents and statistics provided below are derived from the generic
questionnaire surveys. Although it is acknowledged that the sample sizes
for individual respondent groups presented here are too small to be an
accurate representation of the groups, they are presented here for interest.
This fi rst section aims to get a very broad answer to the questions about the
effectiveness of compliance monitoring and enforcement of biodiversity and
conservation legislation, and what the main short comings and constraints
are.
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
15
IS THE CURRENT SET OF ENVIRONMENTAL LEGISLATION, RELATING TO
BIODIVERSITY AND CONSERVATION, ADEQUATE AND EFFECTIVE IN SO
FAR AS IT PERTAINS TO YOUR WORK?
N Yes Partly No
SAPS 4 25% 50% 25%
NPA 4 50% 50% 0%
Government 5 40% 60% 0%
NGO 2 50% 0% 50%
No
Partly
Yes
All Respondents
Pracitcal demonstration of search and seizure.
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
16
HOW EFFECTIVE ARE THE ENFORCEMENT AGENCY (IES) YOU WORK
WITH, IN DETECTING NON-COMPLIANCE?
HOW EFFECTIVE ARE THE ENFORCEMENT AGENCY (IES) YOU WORK
WITH IN TAKING APPROPRIATE STEPS WHERE NON-COMPLIANCE HAS
BEEN DETECTED?
Not in a position to answer
SAPS 4 0% 75% 0% 25%
NPA 4 0% 0% 75% 25%
Government 5 0% 80% 20% 0%
NGO11 2 0% 25% 25% 50%
Very
Effe
ctiv
e
Inef
fect
ive
N
All Respondents
Not
in a
pos
ition
to a
nsw
er
SAPS 4 0% 100% 0% 0%
NPA 4 25% 25% 25% 25%
Government 5 0% 100% 0% 0%
NGO12 2 0% 25% 25% 50%
Very
Effe
ctiv
e
Inef
fect
ive
N Not
in a
pos
ition
to a
nsw
er
Not in a position to answer
All Respondents
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
17
SAPS 4 50% 50% 0% 0%
NPA 4 0% 100% 0% 0%
Government 5 0% 80% 20% 0%
NGO 2 0% 25% 25% 100%
Very
Effe
ctiv
e
Inef
fect
ive
N Not
in a
pos
ition
to a
nsw
er
HOW SUCCESSFUL HAS YOUR ENFORCEMENT AGENCY / DIRECTORATE
BEEN IN THE TAKING OF ENFORCEMENT ACTION?
No answer
Unsuccessful
Successful
Very successful
All Respondents
THE MOST PROMINENT AND SERIOUS SHORTCOMING(S) AND
CONSTRAINT(S) EFFECTING THE EFFECTIVENESS OF COMPLIANCE
MONITORING AND ENFORCEMENT OF BIODIVERSITY AND
CONSERVATION LEGISLATION
Lack of understanding of law by cultural groups
Lack of legal precedent
Lack of collaboration
Corruption
Legislation
Capacity
0 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8
Proportion of respondents
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
18
ANALYSIS OF THE PROMINENT CONSTRAINTSTHE PROMINENT CONSTRAINTS EFFECTING COMPLIANCE MONITORING
AND ENFORCEMENT OF BIODIVERSITY AND CONSERVATION
LEGISLATION
The following have been identifi ed as the major constraints affecting effi cient
compliance monitoring and enforcement.
CAPACITY, TRAINING AND RESOURCESCapacity constraints emerged as the main factor hampering effective
compliance monitoring and enforcement. The core obstacles include a lack of
training and adequate resources in many departments.
In terms of the Environmental Management Inspectorate (more commonly
referred to as the Green Scorpions), building skilled and trained personnel has
been one of the Inspectorate’s keys to their success.
Through the institutionalisation of training programmes and collaboration
with international environmental organisations, the Inspectorate has
managed to build capacity within many institutions in a relatively short space
of time. However, notwithstanding provision for additional resources and
the realignment of structures, the retention of staff, especially those with
experience and commitment, remains a major challenge for the Inspectorate13.
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
19
Allegations of corruption regarding the issuing of permits, especially by the
conservation authorities in some provinces, as well as in the South African
Police Service (SAPS) is concerning. It should be noted that the perception that
corruption is rife, is based on interviews with various offi cials and that while this
view is concerning, it is not refl ected in reported formal action against corrupt
offi cials, but remains a perception. A number of respondents (targeted as part of
the investigation) mentioned corruption specifi cally with regard to the issuing of
both TOPS and CITES permits. As far as subsequent enforcement is concerned,
selective enforcement was mentioned as a sign of possible corruption. being
witnessed fi rsthand was received. Attempts to obtain more specifi c information
on this were unsuccessful. It is impossible to, in light of the lack of detail provided,
to accurately ascertain whether the perception stems from personal views, or
real evidence.
Added to this, some prosecutors were unaware that the Prosecutor’s manual
was updated in 2010 and were therefore not using this resource. A respondent
from the DEA mentioned that the major issues are the lack of a suffi cient number
of enforcement offi cials, as well capacity problems, and cited the fast turnover
rate of offi cials as the reason for the lack of experience amongst such offi cials.
It was highlighted by a member of SAPS that longstanding cultural practices
are sometimes in confl ict with legislation. When members of these cultural
groups are arrested and taken to court, it creates the result of some communities
developing attitudes of indifference or animosity towards enforcement offi cials.
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
20
ISSUES REGARDING BIODIVERSITY AND CONSERVATION LEGISLATION The following legislative challenges that could potentially hamper effective
compliance monitoring and enforcement were highlighted during interviews
with various key stakeholders:
• Lack of harmony between defi nitions in National Environmental
Management Biodiversity Act, 2004 and the accompanying Threatened
or Protected Species Regulations (TOPS) - The fi rst problem relating to
the legislation governing the issuing of permits is confusion regarding
the types of permits required to conduct a restricted activity with a listed
species. Secondly, it was found that the various defi nitions contained in
the current legislation are confl icting and therefore problematic.
• Ports of entry and exit in TOPS and CITES - The National Society for
the Prevention of Cruelty to Animals (NSPCA) indicated that the TOPS
regulations should be amended to prescribe ports of entry for wildlife
products, in order to align the TOPS and CITES regulations. Currently
the only port of entry/exit which has a division of nature conservation
offi cials based in a dedicated offi ce, at an airport, although not manned
24 hours a day, is Oliver Tambo International Airport in Johannesburg. It
should be noted that there are other airports where offi cials are available
if called in specifi cally, although these airports have no dedicated offi ce
on site. It is well known that airports such as Lanseria, Cape Town and
King Shaka International are also used for the illegal import and export of
wildlife products. Steps need to be taken to increase the compliance and
enforcement components at these ports of entry and exit. It is strongly
recommended that the CITES-listed ports of entry and exit should be
recognized by the TOPS regulations as the only accepted ports of entry
and exit, and that the DEA, together with all the relevant provincial
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
21
departments, should implement measures to increase the compliance and
enforcement components at these ports of entry and exit.
• Confl icting and confusing regulations - There are some issues that have
arisen due to the fact that provincial laws contain regulatory provisions
on similar issues to those governed by national legislation, which leads to
confl ict and confusion. This is particularly true with the issuing of permits.
In addition, biodiversity enforcement and compliance has been fragmented
for a long time due to the concurrent competence of national government
and provincial governments with regard to nature conservation. This results
in ineffective enforcement of biodiversity and conservation legislation.
22 Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
• Problematic provisions in bio-prospecting legislation - The defi nition of
“bio-prospecting” is creating compliance challenges in the cosmetic,
industrial, and beverage industry and bio-prospecting related fee
structures are proving problematic to interpret and implement14.
CHALLENGES TO SUCCESSFUL PROSECUTIONSThe general sentiment is that the National Prosecuting Authority (NPA) is
often unsuccessful in securing convictions for offenders who contravene
biodiversity and conservation legislation. The accuracy of this sentiment
could not be measured due to the lack of accurate statistics in this regard.
Sourced case reports showed there were quite a few successful prosecutions,
and often signifi cant sentences. The factors contributing to unsuccessful
prosecutions include the gaps in, and constant changes to the legislation as
well as a skills shortage in enforcement offi cials. Corruption could also possibly
be a contributing factor. Where contraventions are detected, offenders are
often not brought to book because they are not prosecuted effectively. This
is largely due to inexperience on the part of many prosecutors in the NPA
especially in the lower levels, and at one-man stations. Successful prosecutions
depend on thorough investigations. Some enforcement offi cials are however
not knowledgeable or experienced enough to detect and investigate crime
effectively, which may result in cases either not being prosecuted, or being
prosecuted unsuccessfully15.This does however not detract from the fact that
there are many experienced and capable offi cials remaining in this fi eld. The
general perspective of such enforcement offi cials is that there is a good level
of expertise in biodiversity related prosecutions on state advocate level, but
not always on lower court level.
23Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
Despite the statistical shortcomings, major progress has been made in the last
few years with the training of prosecutors, the provision of resources such as
the Department of Environmental Affairs’ Prosecution guide, and the closer
cooperation between the NPA and the role-players involved in the investigation
of such offences, all contributing to the capacity and skills within the NPA.
UNSUCCESSFUL RECORDING OF ENFORCEMENT DATAThere is a major gap in the accurate accumulation and recording of data
on the enforcement of biodiversity and conservation legislation. The failure
to record case data correctly, hinders the identifi cation of problem areas in
enforcement, which in turn means that these problem areas are not managed
and addressed. This problem is being experienced across the board, in all
enforcement agencies, and is attributable to a range of factors.
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Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
24
RECOMMENDATIONS FOR IMPROVED COMPLIANCE MONITORING AND ENFORCEMENTRECOMMENDATIONS FOR IMPROVED COMPLIANCE
MONITORING AND ENFORCEMENT OF BIODIVERSITY AND
CONSERVATION LEGISLATION
The following key recommendations are proposed for improved compliance
monitoring and enforcement:
AMENDMENTS TO THE LEGISLATIONIt is submitted that all comments and recommendations contained in the
chapter dealing with the legislative review16 should be considered and the
legislation amended where necessary. In addition, there were a number of
requests or recommendations which were raised during the investigation,
which also need to be dealt with in terms of the current legislation. Members
of the NPA suggested that it would be extremely helpful to prosecutors if
the CPA was amended to include rhino poaching offences as Schedule 5 or
6 offences, specifi cally for the purposes of bail17. Although not specifi cally
suggested, it would also be sensible to perhaps refer to a specifi c category
of species instead of a specifi c species in this regard. This would be practical
in the event that other species start facing the same risk as rhino, or if the
current threat to rhino diminishes.
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
25
The low penalties provided in some of the legislative provisions remains
a constraint. Although the provinces are in the process of amending their
provincial acts and ordinances, which will address this issue, it is submitted that
further amendments should be considered to further increase the penalties for
biodiversity and conservation related offences in both national and provincial
legislation. It is important to note that although penalties are often insuffi cient
to act as a deterrent, especially with regard to the provincial conservation
legislation, the main issue however remains the practical application of the
legislation, i.e. the lack of resources, capacity and personnel.
In order to address the major structural issues facing EMIs it may be necessary to
rethink the relevant legislative framework and possibly place all environmental
compliance and enforcement functions within a single institution18. Examples
include the Environment Agency, a British non-departmental public body of
the Department for Environment, Food and Rural Affairs; and the United States
Environmental Protection Agency. These two organisations are responsible
for all environmental crimes and not only those limited to biodiversity and
conservation issues. This is a rather ambitious proposal that has been the
subject of discussions since the formation of the Inspectorate. Ultimately it
may lead to a substantial improvement in the level of effectiveness of both
compliance and enforcement in this area. However, further assessment is
required to confi rm this.
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
26
TRAINING OF ALL ROLE-PLAYERSOngoing training is one of the major issues highlighted during the investigation
process. In the constantly changing area of environmental law, regular,
ongoing training is required in order to provide the necessary knowledge, skills
and confi dence to enforcement offi cials as well as offi cials mandated with
the issuing of permits. The various forums and working groups also play a
critical part in empowering offi cials through information sharing, collaboration
and support. Training is also required in other agencies and institutions, for
example, the SAPS, the AFU, Customs and the Border Police on biodiversity
and conservation enforcement. Offi cials require further specialised training,
especially on the implementation and enforcement of the TOPS regulations.
It must be noted that various training initiatives have been undertaken in the
past few years and much progress have been made in this regard.
APPOINTMENT OF ENVIRONMENTAL MANAGEMENT INSPECTORS (EMIS)
More EMIs need to be appointed in institutions that enforce biodiversity
and conservation legislation. In particular, more Grade 1 offi cials, who are
empowered to sign off notices, are required. Local authorities must play a
more prominent role in the compliance and enforcement of both biodiversity
and local protected areas. In 2009, a number of local government enforcement
personnel were in the process of being trained and were expected to have
been appointed as EMIs. However, to date, none of these offi cials have been
appointed as EMIs. The necessary structures and procedures need to be
developed as a matter of urgency in order to allow this to take place. The
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
27
investigation revealed that the bigger municipalities have the necessary
resources to deal with biodiversity issues and municipal offi cers are often the
fi rst to detect non-compliance. It was reported that municipalities are not
considered to be major role-players in biodiversity enforcement, as they do not
have a clear mandate to do so and are often forced to obtain the assistance of
provincial and national authorities.
The investigation further revealed a lack of reaction from some of these
authorities. Due to a lack of powers, municipal offi cials often use planning
and other by-laws as a tool to address biodiversity infringements. Municipal
offi cials will often conduct the basic investigation in cases of non-compliance,
after which these cases are handed to provincial authorities.
Rhino horn found in hand luggage
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
28
ADMISSION OF GUILT FINESFines lists provide a list of the maximum monetary value of admission of guilt
fi nes, per court district. This amount is set in terms of the CPA and is binding
on all peace offi cers, which include SAPS, EMIs and provincial enforcement
offi cials.
Admission of guilt fi nes (J534) means fi nes paid for less serious environmental
offences in terms of Section 56 of the CPA (there is also an alternative process
in section 34G of NEMA). The monetary limit of J534 fi nes is R2500.
In some magistrates’ districts the fi nes lists are however outdated. Fines
issued in terms of these outdated lists are insuffi ciently low and thus do not
deter would-be or repeat offenders. It is therefore recommended that the
fi nes list should be regularly updated and harmonised in areas where this is a
problem. Another alternative is the setting of admission of guilt fi nes in terms
of NEMA. Section 34G provides that the Minister may, by regulation, specify
offences in terms of NEMA or a Specifi c Environmental Managament Acts
(SEMA), in respect of which alleged offenders may pay a prescribed AG fi ne
instead of being tried by a court for the offence19. It needs to be emphasised
that this alternative would require the Minister to enact Regulations in terms
of NEMA fi rst. An EMI who has reason to believe that a person has committed
an offence specifi ed in terms of subsection (1) may issue the alleged offender
with a written notice referred to in section 56 of the CPA20. The amount of the
fi ne stipulated in this notice may not exceed the amount prescribed for
the offence21.
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
29
CONTINUATION OF EFFECTIVE CO-OPERATIONThe creation and expansion of new inter-governmental working groups and
crime forums will undoubtedly contribute to better cooperation between relevant
authorities. However, if signifi cant inroads are to be made in relation to biodiversity
legislation compliance and enforcement, it is recommended, and critical, that
DEA and the different provinces (through these structures) ensure consistency
and standardisation in relation to conservation approaches and policies. It is
also recommended that national priorities be clearly delineated to ensure that
suffi cient resources are applied to the more pressing issues. These priorities and
conservation approaches can then be supported across the country (by both
provincial and national departments) through the implementation of a uniform
compliance and enforcement strategy, including the use of formal operations to
target specifi c types of criminal activity22.
RECORDING OF ENFORCEMENT DATA ON A CENTRALISED DATABASEA single web-based information system that captures and hosts live statistics
should be developed. The huge variation in organisational, procedural and IT
systems and resources between the various authorities however means that
this is not a feasible option at the moment. If this hurdle could be overcome,
a centralised database would be recommended in order to gather relevant
information. Such a database needs to be user-friendly for enforcement offi cials
from across the board to be able to use it effectively. Furthermore, the loading of
information into such a database will need to be included as a mandatory task for
all enforcement offi cials on a regular basis, with regular training provided.
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
30
NOTES
1. Envolve was represented by Phil Snijman and Bianca Tosolari.
2. RE Allen (ed) The Concise Oxford Dictionary of Current English 8 ED
(1990).
3. Frances Craigie, Phil Snijman & Melissa Fourie, Chapter 3: Dissecting
Environmental Compliance and Enforcement, in Environmental
Compliance and Enforcement in South Africa: Legal Perspectives, Juta,
First Edition, 2009. Alexander Paterson & Louis J. Kotze (eds), Chapter 3.
4. Frances Craigie, Phil Snijman & Melissa Fourie, Chapter 3: Dissecting
Environmental Compliance and Enforcement, in Environmental
Compliance and Enforcement in South Africa: Legal Perspectives, Juta,
First Edition, 2009. Alexander Paterson & Louis J. Kotze (eds), Chapter 3.
5. Frances Craigie, Phil Snijman & Melissa Fourie, Chapter 3: Dissecting
Environmental Compliance and Enforcement, in Environmental
Compliance and Enforcement in South Africa: Legal Perspectives, Juta,
First Edition, 2009. Alexander Paterson & Louis J. Kotze (eds), Chapter 3.
6. The report assessed the following legislation the National Environmental
Management Act, Act 107 of 1998 (NEMA); the National Environmental
Management Biodiversity Act, Act 10 of 2004 (NEM: BA); the National
Environmental Management Protected Areas Act, Act 57 of 2003 (NEM:
PAA) limited to biodiversity and conservation issues; and the provincial
conservation legislation in all nine provinces (limited to the enforcement
of the legislation). It must be noted that this is not an exhaustive list
and other legislation also have a role to play in biodiversity management
(limited to the enforcement of the legislation).
7. Frances Craigie, Phil Snijman & Melissa Fourie, Chapter 4: Environmental
Compliance and Enforcement Institutions, in Environmental Compliance
and Enforcement in South Africa: Legal Perspectives, Juta, First Edition,
2009. Alexander Paterson & Louis J. Kotze (eds), Chapter 4.
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
31
8. The legal review highlights various shortcomings and problematic
provisions in the legislation. Making this information publicly available
could alert potential transgressors to shortcomings or errors, which may
be used to escape liability, and would only frustrate the purpose of the
review.
9. Envolve was represented by Phil Snijman and Bianca Tosolari. Due to the
nature of this study and the fact that it is such a specialist fi eld requiring
an existing knowledge of the playing fi eld, role-players etc, it was critical
that the external consultants appointed have the relevant experience and
expertise required.
10. From 2001 to 2011.
11. Responses are weighted because one respondent replied that in certain
provinces the enforcement agencies would be partially effective and in
other provinces ineffective.
12. Responses are weighted. One respondent replied that in certain provinces
the enforcement agencies are taking steps and are effective whereas in
other provinces they were not effective.
13. Frances Craigie, Phil Snijman, Melissa Fourie, Chapter 4: Environmental
Compliance and Enforcement Institutions, in Environmental Compliance
and Enforcement in South Africa: Legal Perspectives, Juta, First Edition,
2009. Alexander Paterson & Louis J. Kotze (eds).
14. This issue is dealt with in detail in the legislative review. Due to the
confi dential nature of the information contained in the legislative review,
this is however excluded from this report.
15. The perceived high level of corruption within enforcement agencies, which
should be detecting non-compliance, could also be a contributing factor to
the low level of detection of these specifi c offences.
16. Due to the confi dential nature of the information contained in this chapter
the legislative review is excluded from this report.
17. If an offence is listed in Schedule 5 of the CPA, it means that the accused
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
32
must show, (or has the onus or burden to show) that it is in the interests of
justice for him or her to be granted bail. If the offence is listed in schedule
6, it means that the accused must show exceptional circumstances exist
which necessitate he or she being granted bail. Thus if the offences are
listed in Schedule 5 or 6 it makes it much easier for the state to oppose bail
successfully. If offences are listed in Schedule 1 of the CPA, it means that the
state has the burden to show why it is not in the interests of justice to grant
the accused bail, and if they cannot do so, the accused will be granted bail.
18. Frances Craigie, Phil Snijman, Melissa Fourie, Chapter 4: Environmental
Compliance and Enforcement Institutions, in Environmental Compliance and
Enforcement in South Africa: Legal Perspectives, Juta, First Edition, 2009.
Alexander Paterson & Louis J. Kotze (eds).
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
33
19. Section 34G(1) of NEMA.
20. Section 34G(2) of NEMA.
21. Section 34G(3) of NEMA.
22. Frances Craigie, Phil Snijman, Melissa Fourie, Chapter 4: Environmental
Compliance and Enforcement Institutions, in Environmental Compliance and
Enforcement in South Africa: Legal Perspectives, Juta, First Edition, 2009.
Alexander Paterson & Louis J. Kotze (eds)
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
34
REFERENCESFrances Craigie, Phil Snijman & Melissa Fourie, Chapter 3: Dissecting
Environmental Compliance and Enforcement, in Environmental Compliance
and Enforcement in South Africa: Legal Perspectives, Juta, First Edition, 2009.
Alexander Paterson & Louis J. Kotze (eds), Chapter 3
Frances Craigie, Phil Snijman & Melissa Fourie, Chapter 4: Environmental
Compliance and Enforcement Institutions, in Environmental Compliance and
Enforcement in South Africa: Legal Perspectives, Juta, First Edition, 2009.
Alexander Paterson & Louis J. Kotze (eds), Chapter 4.
National Environmental Compliance and Enforcement Report (NECER),
2008-2009
National Environmental Compliance and Enforcement Report (NECER)
2009-2010
Photo credits:
• A. Pires • C. Spenser • H. Winshaw • R. Els • R. Coetzee
THE ENDANGERED WILDLIFE TRUST As a leading high-profi le player amongst the large number and variety of
conservation organisations in South Africa (governmental and civil society),
the EWT fi lls the key niche of conservation action, through applied fi eld-work,
Scoping Report: Investigating the Challenges Facing Compliance Monitoring and Enforcement of South Africa’s Biodiversity Legislation and Recommendations for Improvement
35
research and direct engagement with stakeholders. With specialist progammes
and a large team of skilled fi eld staff deployed throughout southern Africa, the
EWT’s work supports the conservation of threatened species and ecosystems.
Priority interventions focus on identifying the key factors threatening biodiversity
and developing mitigating measures to reduce risk and reverse the drivers of
species extinction and ecosystem degradation. Through a broad spectrum of
partnerships and networks, the EWT responds to the key threats driving species
and ecosystem loss by developing innovative methodologies and best practice
guidelines which support reduced impact, harmonious co-existence and
sustainable living for all.
VISION STATEMENTA healthy planet and an equitable world that values and sustains the diversity
of life
MISSION STATEMENTThe Endangered Wildlife Trust is dedicated to conserving threatened species and
ecosystems in southern Africa to the benefi t of all people.
The EWT fulfi ls its mission by:
• Initiating and implementing conservation research and action programmes;
• Preventing species extinctions and maintaining biodiversity and ecosystem
functioning;
• Supporting sustainable natural resources use and management;
• Communicating the principles of sustainable living and empowering people
by capacity building, education and awareness programmes to the broadest
constituency; and
• Taking a strong leadership and advocacy role in promoting environmental
and social justice.
The Endangered Wildlife Trust was established in 1973 and is registered as a Non-profi t
organisation.
Registration number
015-502 NPO and PBO number
930 001 777.
The EWT is 501 (c) (3) compliant, US IRS Reg. EMP98-0586801.
ENDANGERED WILDLIFE TRUST
Physical Address:
Ardeer road, Building K2, Pinelands Offi ce Park
Modderfontein, Johannesburg
South Africa
Postal Address:
Private Bag X11, Modderfonetin,
Johannesburg,
South Africa
1645
Te:l: +27 11 372 3600Fax: + 27 11 608 4682
www.ewt.org.za