Picture: SUNDAY TIMES
Picture: SUNDAY TIMES

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THE government has lost its attempt to have a ban on domestic trade in rhino horn kept in place, and will now petition the Supreme Court of Appeal (SCA) to have the decision of the high court — which ruled that the moratorium on trade was invalid and South Africans could trade in legal rhino horn — overturned.

In November two game farmers won a decision in the Gauteng Provincial Division of the high court that the moratorium on trade was invalid on the basis of insufficient consultation. But Environmental Affairs Minister Edna Molewa appealed against the decision, thus keeping the moratorium in place.

She told a news conference on Thursday that "Our application for leave to appeal was unfortunately dismissed with costs on the January 20 2016, with the result being that the court’s decision is that the moratorium is no longer in place.

"My legal team is not yet privy to the reason for the decision, but I have decided to apply for leave to appeal to the Supreme Court of Appeal. My application, once lodged, will result in the suspension of the operation and execution of the court’s decision to review and set aside the moratorium," Ms Molewa said.

She said she would not be commenting any further on the application, "but it must be emphasised that this matter does not have an impact on the international trade in rhino horn for commercial purposes. Commercial international trade in rhino horn is still prohibited in terms of the provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites)."

Ms Molewa said in spite of unabated poaching attempts the situation of rhino poaching had stabilised, with fewer animals lost in 2015 than in 2014 — down from 1,175 to 1,215.

"During 2015, a total of 317 poachers were arrested for rhino poaching related offences. Of this, 202 were arrested in the Kruger National Park and 115 in the area adjacent to the Park. This is a marked increase in arrests, from 258 in 2014. A total of 125 firearms was seized inside the Park in 2015, and 63 just outside the Park – 188 compared to the 148 of the previous year.

"These positive developments are the outcome of stepped up collaboration with the Security Cluster, as well as working with communities adjacent to the park," the minister said.

Ms Molewa said that in terms of the interdepartmental collaboration between DEA and our partners in the Security Cluster, we have also provided intensive training and awareness-raising for close to 400 magistrates and prosecutors last year.

"At this point we want to commend the dedication and persistence of the team of the DPCI/Hawks who successfully undertook an operation that led to the arrest of approximately 15 high-level members of a poaching syndicate.

This operation, called Operation Ringleader, was the result of yet another collaborative effort between the DEA and the security cluster and was the outcome of a more than two-year-long investigation. The charges ranged from money laundering to offences relating to the Prevention of Organised Crime Act. This operation confirmed for us the complexity of these syndicates and need for us to be persistent, as these are not matters that can be solved overnight".

Justice Minister Michael Masutha told the briefing that last year 48 people were convicted on a variety of charges related to rhino poaching. He said 24 accused were sentenced to prison terms while 21 were sentenced to a fine, with three getting suspended sentences. Most notable was the case of three Mozambicans, who were sentenced to an effective 30 years in prison.

Responding to a question, Mr Masutha said the disparity between arrests and convictions was because not all those arrested were found guilty of crimes.