Policy brief: Principles for law reform and measures for improved implementation
Summary
The document argues for the alignment of provincial conservation laws with national legislation, the clarification of welfare mandates between government departments, and the standardisation of permitting processes to ensure the well-being of wild animals in South Africa.
Key insights
- There is a critical need for national standardisation and consistency in conservation and welfare laws across South Africa's nine provinces. This includes aligning provincial legislation with the National Environmental Management Biodiversity Act, 2004 (NEMBA) and the Threatened or Protected Species Regulations, 2007 (TOPS), and implementing an electronic, real-time national permit database for both TOPS and CITES permits.
- Legal certainty regarding the welfare mandate for wild animals is lacking. The document recommends that either the Department of Environment, Forestry and Fisheries (DEFF) be fully mandated for wild animal welfare while the Department of Agriculture handles domestic animals, or that a clear joint mandate be established between the two.
- The upcoming National Environmental Management Biodiversity Bill aims to introduce a new objective to NEMBA regarding the 'well-being' of faunal biological resources, defined as conditions conducive to health. However, the document notes that this objective will be difficult to enforce without the passing of specific regulations clarifying enforcement mechanisms.
- Current budget allocations within DEFF are overly focused on combating wildlife crime and generating revenue from the wildlife industry. The document calls for a more balanced budget that prioritises monitoring, enforcement, and the capacitation of provincial conservation agencies through increased personnel and updated IT systems.
Cite the original document
- APA
- Centre for Environmental Rights (2019). Policy brief: Principles for law reform and measures for improved implementation. https://cer.org.za/wp-content/uploads/2019/09/CER-Wildlife-Welfare-Policy-Brief-2019.pdf?x21779
- Chicago
- Centre for Environmental Rights. Policy brief: Principles for law reform and measures for improved implementation. 2019. https://cer.org.za/wp-content/uploads/2019/09/CER-Wildlife-Welfare-Policy-Brief-2019.pdf?x21779.
- Wikipedia
- {{cite report |author=Centre for Environmental Rights |title=Policy brief: Principles for law reform and measures for improved implementation |date=2019 |url=https://cer.org.za/wp-content/uploads/2019/09/CER-Wildlife-Welfare-Policy-Brief-2019.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}
- BibTeX
- @techreport{centreforenvironmentalrights2019policy, author = {{Centre for Environmental Rights}}, title = {{Policy brief: Principles for law reform and measures for improved implementation}}, institution = {Centre for Environmental Rights}, year = {2019}, url = {https://cer.org.za/wp-content/uploads/2019/09/CER-Wildlife-Welfare-Policy-Brief-2019.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }
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