Principles for law reform and measures for improved implementation

The 2019 policy brief by the Centre for Environmental Rights advocates for the alignment of South African provincial conservation laws with national standards (NEMBA and TOPS) and the clarification of the legal welfare mandate for wild animals between the Department of Environment, Forestry and Fisheries (DEFF) and the Department of Agriculture. It emphasizes the need for a national electronic permit database, specialized welfare training for Environmental Management Inspectors, and a more balanced budget allocation that prioritizes animal well-being alongside crime prevention.

• The document recommends the alignment of provincial conservation legislation across South Africa's nine provinces with the National Environmental Management Biodiversity Act, 2004 (NEMBA) and the Threatened or Protected Species Regulations, 2007 (TOPS) to ensure legal certainty and just administration. It further calls for the creation of an electronic, real-time national permit database for both TOPS and CITES permits.
• There is a critical need for legal certainty regarding the welfare mandate for wild animals. The document suggests that either the Department of Environment, Forestry and Fisheries (DEFF) should be fully mandated as the responsible authority, or a clear joint mandate should be established between DEFF and the Department of Agriculture.
• The upcoming National Environmental Management Biodiversity Bill aims to introduce a new objective to NEMBA regarding the ecologically sustainable use of indigenous biological resources, which includes the 'well-being' of faunal biological resources, defined as conditions conducive to their health. However, the document notes that this objective will be difficult to enforce without the passing of accompanying regulations.
• Current budget allocations within DEFF are focused on combating wildlife crime and generating revenue from the wildlife industry. The document argues for a more balanced allocation of funds and highlights the need to capacitate provincial conservation agencies through increased personnel and updated IT systems.
• Environmental Management Inspectors (EMIs) currently lack training on welfare issues due to a lack of legislative mandate. The document states that once enabling legislation is amended, capacity for welfare training for EMIs will be required.

APA

Centre for Environmental Rights (2019). 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. 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=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{centreforenvironmentalrights2019principles, author = {{Centre for Environmental Rights}}, title = {{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} }