SOUTH AFRICA BAN THE DOMESTIC TRADE IN RHINO HORN AND DESTROY THE RHINO HORN STOCKPILES
The Issue
CURRENT CONCERNING SITUATION
South African, Wicus Diedericks, the owner of the 33,000-acre Rockwood Conservation ranch housing roughly 450 white rhinos, is in litigation against the South Africa’s Department of Forestry, Fisheries and the Environment (DFFE). Diedericks argues that maintaining high-tech anti-poaching security and feeding his herd cost over R20 million annually, making his operation financially unsustainable without a revenue stream. He is attempting to export at least 502 humanely trimmed, stockpiled horns to buyers across eight international destinations, including Canada, China, Vietnam, and the US.
The international trade in rhino horn has been banned since 1977 under Appendix I of the Convention on International Trade in Endangered Species (CITES). To circumvent this, Diedericks invoked Article VII(5) of the CITES treaty. This exemption dictates that wildlife specimens "bred in captivity" for non-commercial or conservation purposes can be traded under less restrictive permit frameworks. He argues that because South Africa is a CITES signatory, this exemption is automatically part of domestic law, and the government’s blanket refusal to issue his export certificates was illegal.
April 2023 The DFFE officially rejected Diedericks' applications to export the horns, maintaining that South Africa did not actively implement or recognize the Article VII exemption for commercial rhino trade. Diedericks promptly sued the state in 2023 to compel the government to issue permits to export over 500 white rhino horns. He argued that selling ethically trimmed horns would fund his expensive anti-poaching and conservation operations.
Diedericks formally sued the state under the Promotion of Administrative Justice Act (PAJA) after provincial authorities denied his export permit applications in April 2023
October 2025 The Northern Cape High Court in Kimberley ruled in Diedericks' favour. The judge declared that the CITES captive-bred exemption was indeed enforceable under South African law. The court ordered the provincial government to review Diedericks’ permit applications within seven days.
May 2026 As the South African government formulated its appeal, international watchdogs like the Environmental Investigation Agency (EIA) published critical reports. The EIA flagged the lawsuit as a "reckless gambit", warning that the provided buyer information was inaccurate and that the exports would stimulate the black market and fuel poaching.
July 2026 The Northern Cape High Court officially dismissed the state's application for leave to appeal with costs. The court reaffirmed that private breeding operations devoted to conservation have a legal right to fund their high-cost protection efforts through regulated trade.
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.
733,372
The Issue
CURRENT CONCERNING SITUATION
South African, Wicus Diedericks, the owner of the 33,000-acre Rockwood Conservation ranch housing roughly 450 white rhinos, is in litigation against the South Africa’s Department of Forestry, Fisheries and the Environment (DFFE). Diedericks argues that maintaining high-tech anti-poaching security and feeding his herd cost over R20 million annually, making his operation financially unsustainable without a revenue stream. He is attempting to export at least 502 humanely trimmed, stockpiled horns to buyers across eight international destinations, including Canada, China, Vietnam, and the US.
The international trade in rhino horn has been banned since 1977 under Appendix I of the Convention on International Trade in Endangered Species (CITES). To circumvent this, Diedericks invoked Article VII(5) of the CITES treaty. This exemption dictates that wildlife specimens "bred in captivity" for non-commercial or conservation purposes can be traded under less restrictive permit frameworks. He argues that because South Africa is a CITES signatory, this exemption is automatically part of domestic law, and the government’s blanket refusal to issue his export certificates was illegal.
April 2023 The DFFE officially rejected Diedericks' applications to export the horns, maintaining that South Africa did not actively implement or recognize the Article VII exemption for commercial rhino trade. Diedericks promptly sued the state in 2023 to compel the government to issue permits to export over 500 white rhino horns. He argued that selling ethically trimmed horns would fund his expensive anti-poaching and conservation operations.
Diedericks formally sued the state under the Promotion of Administrative Justice Act (PAJA) after provincial authorities denied his export permit applications in April 2023
October 2025 The Northern Cape High Court in Kimberley ruled in Diedericks' favour. The judge declared that the CITES captive-bred exemption was indeed enforceable under South African law. The court ordered the provincial government to review Diedericks’ permit applications within seven days.
May 2026 As the South African government formulated its appeal, international watchdogs like the Environmental Investigation Agency (EIA) published critical reports. The EIA flagged the lawsuit as a "reckless gambit", warning that the provided buyer information was inaccurate and that the exports would stimulate the black market and fuel poaching.
July 2026 The Northern Cape High Court officially dismissed the state's application for leave to appeal with costs. The court reaffirmed that private breeding operations devoted to conservation have a legal right to fund their high-cost protection efforts through regulated trade.
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.
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Petition created on 9 February 2017