Oct 23, 2013 | News
The death sentence issued to Zimbabwean game ranger Maxwell Borwa has been making headlines. The deceased had apparently been a member of a poaching and trafficking cartel which operated between the small town of Norton outside Harare and the Gokwe area. Zimbabwe National Parks and Police apparently sanctioned a combined operation to raid a known safe house used by the poachers.
When the Parks and police details arrived at the house, numerous suspects were still partying amid a plethora of unlicensed firearms. The suspects then bolted. Maxwell Bowa is said to have fired some rounds, two of which struck and killed one Lenna Nkosana. At least one of the shots apparently hit Nkosana in the back.
The possession of an unlicensed firearm in Zimbabwe is a Schedule One offence. Lethal force may be used to apprehend someone in respect of a Schedule One offence. Because of the local townspeoples’ reaction, the rangers and police withdrew and returned the next day.
Zimbabwe also has the Parks and Wildlife Indemnity Act in terms in which Bowa is apparently supposed to have been protected. The trial magistrate ruled that the P&W Indemnity Act only applies within the Parks and Wildlife Estate and sentenced Borwa to death. This ruling’s correctness is in dispute.
National Parks is said to be lodging an appeal on behalf of Borwa.
Oct 23, 2013 | News
Johan Svalby, legal advisor to the Federation of Associations for Hunting and Conservation of the EU (FACE), clarified rhino horn importation into the EU from Mozambique in the most recent edition of Africa Indaba.
He wrote: ‘It is indeed true that the EU has listed specimens from the hippo (Hippopotamus amphibius) from Mozambique in its latest ‘Suspension Regulation’. However, since that species is listed in Annex B to Council Regulation (EC) No 338/97, hunters normally residing in the EU are still able to import its trophies into the Union for non-commercial purposes under the personal and household effects derogation, provided that an export permit can be provided to the EU customs.
The importation of Annex B specimens (such as from the Hippopotamus amphibius) into the EU is normally governed by Article 4, paragraph 2 of Council Regulation (EC) No 338/97 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:1997R0338:20121215:EN:PDF. Both an export and an import permit will be required. In case the importation of specimens of an Annex B species be suspended in accordance with Article 4, paragraph 6 (i.e. through listing in the suspension regulation), an import permit cannot be obtained from the management authority of the Member State of destination and thus the importation cannot lawfully occur.
However, according to the Article 7, paragraph 3 (Personal and Household Effects) of Council Regulation (EC) No 338/97, the provisions of Article 4 (as described above) shall not apply to dead specimens, parts and derivatives of species listed in Annexes A to D which are personal or household effects being introduced into the Community.
Article 57, paragraph 3 of that regulation provides that, the first introduction into the Community of personal or household effects, including hunting trophies, by a person normally residing in the Community and involving specimens of species listed in Annex B to Regulation (EC) No 338/97 shall not require the presentation to customs of an import permit, provided that the original of a (re-)export document and a copy thereof are presented.
In conclusion, all this does not prevent hunters normally residing in the EU to import its trophies into the Union for non-commercial purposes under the personal and household effects derogation, provided that an export or re-export permit can be provided to the EU customs.
In case of any questions, do not hesitate to contact me: johan.svalby@face.eu / www.face.eu
Oct 23, 2013 | News
The following statistics about the South African hunting industry were released by Dr Herman Els:
- 10 years ago, there were less than
- 5 000 game farms in South Africa. In 2012 there were 12 000 game farms in South Africa
- 10 000 of these farms have hunting exemption.
- 20 million hectares of land is in private ownership representing about 70% of land use for wildlife conservation; the other 30% is government owned national and provincial game reserves.
- The hunting industry has generated R7.7 Billion in 2011 – .25% of SA’s national GDP.
- R3.1 Billion per year was generated from around 250 000 biltong hunters in South Africa. R2.1 Billion per year was generated from around 15 000 trophy hunters from abroad. The balance was generated from add-on services, food and accommodations.
- Trophy hunting has a lesser impact on wildlife than biltong hunting.
- Hunting is by far the largest revenue generator for game farmers. The sale of animals represents only around 5% of the revenue generated by game farmers.
- Sixty per cent of all wildlife in South Africa is owned privately outside of national and provincial parks.
- Game and hunting farmers are the largest contributors towards the conservation of wildlife.
- Game farms create three times more employment than on a normal livestock farm. In recent years more than 70 000 jobs were created on newly established game farms.
Oct 23, 2013 | News
According to a recent press release by the South African Hunters and Game Conservation Association (SAHGCA), the association recently dishonourably expelled a member from the Association for poaching. The release states:
‘A disciplinary committee of SAHGCA investigated a complaint regarding the hunting activities of André Klopper (21) following his involvement in illegal and night hunting activities.
Chris Niehaus, CEO of SAHGCA, said Klopper’s status as a dedicated hunter has been revoked with immediate effect and that the Central Firearms Registry has been informed accordingly. SAHGCA has also recommended to the SA Police Services that Klopper should be declared incompetent to own a firearm.
Klopper’s father, Johan Klopper, was also dishonourably expelled from SAHGCA, following a shooting incident where another person had lost an eye. SAHGCA has also recommended to SAPS that Klopper senior be declared incompetent to own a firearm.
Niehaus emphasised that the Association teaches and promotes responsible and ethical hunting and said: “We expect every single member of SAHGCA to adhere to these principles. We will not tolerate behaviour that tarnishes the image of the Association and fellow hunters, or puts the lives of others in danger.”
Oct 23, 2013 | News
On 29 November 2013, an amendment to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) will enter into force to allow regional economic integration organizations to accede to the Convention. This amendment, known as the ‘Gaborone Amendment’, was adopted in Gaborone, Botswana, 30 years ago, on 30 April 1983.
The Gaborone amendment defines regional economic integration organizations (REIO) as ‘organizations constituted by sovereign States which have competence in respect of the negotiation, conclusion and implementation of international agreements in matters transferred to them by their Member States and covered by this Convention. Currently, the only REIO with competence with respect to the matters regulated by CITES is the European Union.
Oct 23, 2013 | News
In Zimbabwe, individuals with mining rights can purchase cyanide from reputable chemical stores. Villagers in Tsholotsho are accused of having handed cyanide to individuals who poisoned more than 100 elephants over a period of two months.
Mr. Saviour Kasukuwere, the Zimbabwe Minister of Environment, Water and Climate visited the area recently and assured the villagers that the Minister of Home Affairs, Mr. Kembo Mohadi, had agreed not to prosecute if they handed over the cyanide still in their possession.
The newly elected MDC-T MP for Tsholotsho, Ms. Roselene Nkomo, has questioned Kasukuwere’s prospective pardon as premature and insists that the suspects must first come clean and reveal all the facts. She insists that one or more persons are responsible for the poaching, and that the government should get to the bottom of the issue before pardoning anybody.
The allegations are that the Zimbabwe government is covering up the poaching because of the possible involvement of politicians and influential businessmen.
