BACKGROUND INFORMATION 

The international trade in rhino horn has been prohibited since 1977, the domestic trade in rhino horn in South Africa remained legal until 2009. A moratorium was put in place due to the increasing, and concerning incidents of rhino poaching that were taking place in the country.

The moratorium on the domestic trade in rhino horn in South Africa took effect from the 13th May 2009 with the hope that further objectives such as the  attempt to curb the flow and reduce the demand for rhino horn and rhino horn products in the international market firmly in mind. 

It was hoped that this moratorium would also ensure compliance with CITES by closing the loophole leading to the illegal trade in the international market that the South African domestic market had created.  

However, the validity of the moratorium was contested in the North Gauteng High Court in South Africa.   Rhino owners argued that the moratorium was not published by the Minister of Environmental Affairs in a national newspaper as is required by the public participation provisions. 

A legal application to challenge the moratorium was brought about by Johan Kruger in 2012 and then joined by John Hume in 2015.  Wildlife Ranching South Africa and the Private Rhino Owners Association of South Africa supported this legal application.

On the 26th November 2015 the High Court set aside the moratorium on the domestic trade in rhino horn.  Minister Edna Molewa filed an application for leave to appeal to the High Court, which was dismissed.  Thereafter, the Minister petitioned the Supreme Court of Appeal for leave to appeal. 

In May 2016, the Supreme Court of Appeal dismissed the Minister's application for leave to appeal with costs.  No reasons were given for the order.  In June 2016, the Minister subsequently applied to the Constitutional Court for leave to appeal the decision.  The Constitutional Court dismissed the application for leave to appeal on the 5th April 2017.

We find that the High Court and the Constitutional Court rulings disappointing.  Whilst the moratorium was lifted on procedural grounds, the substantive case for the moratorium remains profound.

There is still no evidence of a domestic market for rhino in South Africa.  In addition, a domestic trade contradicts the rationale of an international trade ban.  The only acceptable rationale for purchasing rhino horn in South Africa would be to sell it on to markets in Asia.  

We do not believe that there is relevance in the argument that a domestic trade in rhino horn will assist with the conservation of rhinos and prevent poaching.  The illegal killing of rhino has persisted since 2017. 

The White Paper on Conservation and Sustainable Use of South Africa's Biodiversity and the Policy Position on the Conservation and Sustainable Use of Elephant, Lion, Leopard and Rhinoceros was approved in April 2024 by Cabinet for implementation.  

Consistent with the policy context of the white paper, including the following important statement about rhino in South Africa:

"The policy position proposed to phase out intensive management and captive breeding of rhinoceros for commercial purposes, and enhance wild populations. 

To promote live export of rhinoceros only to range states or any other appropriate and acceptable destinations with sustainable habitats on the African continent."

THE CURRENT SITUATION IN SOUTH AFRICA

Since the poaching crisis began in 2008, South Africa's flagship national park and once the world's stronghold for rhino, the Kruger National Park, has suffered huge losses.  For example between 2017 and 2021 more than 1700 rhinos were killed.  

The content of a Report, published in December 2021 by the EMS Foundation  Where Have All the Rhinos Gone  should serve to remind everyone that the rhino were also killed by South Africans who are still involved with the wildlife industry, rhino owners and breeders, trophy hunters, wildlife veterinarians and numerous policemen. 

Furthermore, while so many of South Africa’s rhinos have been murdered a  Report published in 2024 confirms that the rhino horn stockpiles in South Africa are intrinsic to the international illegal rhino horn trade. The stockpiles are supporting the illegal trade. 

On the 27th February 2024, Minister Barbara Creecy, issued a media statement confirming that an alarming number of 397 rhino were killed in KwaZulu Natal in 2023, the highest number on record for this province, most of them in state owned reserves. 

A total of 499 rhinos were killed throughout South Africa in 2023. 

We are living in the sixth mass extinction. It is inconceivable that the lifting of ban on the international trade in rhino horn, which has been banned for 47 years, will ever be tolerated. 

Why does South Africa persist with this notion of trade? 

South Africa must close the domestic trade in rhino horn and destroy the rhino horn stockpiles.  

Owners of rhinos in South Africa should be generously, financially compensated through tax incentives for the enormously important role they play in securing the survival of the rhino species.