National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)

Notice No. 626

3 June 2020

GG 43386

Department of Environment, Forestry and Fisheries

I, Barbara Dallas Creecy, Minister of Environment, Forestry and Fisheries, hereby, under section 97(1)(b), (f), (g) and (h) of the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004), make regulations relating to trade in rhinoceros horn, namely the selling or otherwise trading in, giving, donating, buying, receiving, accepting as a gift or donation, or in any way disposing or acquiring, and the export and re-export from the Republic of South Africa, of rhinoceros horn, or a part, product or derivative of such rhinoceros horn, belonging to the species black rhinoceros (Diceros bicornis bocornis, Diceros bicornis minor and Diceros bicomis michaeli) and white rhinoceros (Ceratotherium simum simum), in the Schedule hereto.

Barbara Dallas Creecy,

Minister of Forestry, Fisheries and the Environment

The intention is to allow the selling or otherwise trading in, giving, donating, buying, receiving, accepting as a gift or donation, or acquiring or disposing of rhinoceros horn within the borders of the Republic of South Africa, or the export of rhinoceros horn from the Republic of South Africa, but only those specimens that have been adequately marked.  The results of a number of studies conducted indicate that powdered rhinoceros horn or shavings of rhinoceros horn, is usually used for medicinal purpose in consumer countries.  Due to the challenges relating to the detection of powdered rhinoceros horn or shavings of rhinoceros horn, will be exported from the Republic of South Africa illegally, which will be a contravention of the requirements of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

It is relatively simple to identify a whole rhinoceros horn, or a piece of rhinoceros horn that is of sufficient size to be marked in accordance with the requirements of the Norms and Standards for the marking of rhinoceros and rhinoceros horn and for the hunting of rhinoceros for trophy hunting purposes, 2018. Small pieces of rhinoceros horn, or rhinoceros horn that has been powdered or shaved, is difficult to identify and trace, especially since it can be concealed in various ways.  These specimens of rhinoceros horn will thus present a significant compliance monitoring and enforcement challenge, both within the Republic of South Africa and at ports of entry and exit.  Laundering will be possible and small quantities can be sold or otherwise traded, making it difficult to regulate. The only way to identify small specimens of rhinoceros horn, or powder or shavings of rhinoceros horn, will be through DNA analysis, which is time-consuming and costly process.

Barbara Dallas Creecy,

Minister of Forestry, Fisheries and the Environment

[Notice No. 626 of 2020 'intention' inserted by Notice No. 3013, GG47984, dated 3 February 2023 - effective 1 April 2023]