EMS FOUNDATION SUBMISSION ON THE NON-DETRIMENT FINDINGS FOR CERTAIN LISTED SPECIES IN TERMS OF CITES PUBLISHED IN GOVERNMENT GAZETTE NO.51397 OF 15TH OCTOBER 2024

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“These comments are fully endorsed by the Wildlife Animal Protection Forum of South Africa(WAPFSA), a coalition of thirty diverse South African-based organisations united by shared values and objectives. WAPFSA collectively comprise a body of expertise across various disciplines, including scientific research, environmental protection, legal advocacy, animal welfare, human rights, social justice, climate action, indigenous knowledge, and public policy.Collectively, WAPFSA represents the interests of South Africa’s wildlife and natural environment, working to engage government on issues such as biodiversity conservation, animal protection, ethical conservation practices, and the impacts of climate change.

4.While our client welcomes the publication of NDFs as a tool to fulfil South Africa’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora(“CITES”), we submit that the Department’s current approach is procedurally, substantively and methodologically deficient. Therefore, although the NDF Notice requires submissions in the form of “written scientific information,” our client bases its objections on broader legal, procedural and substantive issues.

These submissions will therefore address:

4.1. procedural flaws in the consultation process;

4.2. legal inadequacies in the development and implementation of NDFs under the NationalEnvironmental Management: Biodiversity Act, 2004 (“NEM:BA”); 

4.3. methodological shortcomings in assessing species; 

4.4. the lack of consideration of key legal principles, such as the precautionary approach; and 

4.5. the failure to consider species well-being, as required under South African law. “

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