Submission on the Draft National Elephant Heritage Strategy by the TGA
CONSULTATION ON THE DRAFT NATIONAL ELEPHANT HERITAGE STRATEGY IN SOUTH AFRICA. (DNEHS).
As per Government Notice No 5787 as published in Gazette No 52004 dated 27 JANUARY 2025Att: The Director General: Department of Forestry, Fisheries and the Environment.
Dear Ms Humbulani Mafumo
Herewith the written submission on the Draft National Elephant Heritage Strategy by the True Green Alliance (TGA).
We would be most grateful to receive a written response from your development, especially in reply to the 5 questions raised under chapter 3 of this submission.
Kindest Regards
Barry York
2 March 2025
Situation
The African savanna elephant (L africana) is an important species for South Africa and may have an intrinsic value or an emotional connection for certain people. Other people regard elephants as valueless, highly invasive and destructive species
Elephants may provide multiple overlapping socio-economic and environmental benefits for our people or alternatively elephants may cause irreversible, destructive harm to the environment, severe economic stress and unacceptable social havoc, that includes a threat to food security for farmers and the unnecessary, tragic loss of human life.
The contrasting positive or negative impact that elephants may have on the environment and on human socio-economic development and well being, is dependent on how elephants are managed and utilized by man. The different human attitudes towards elephants is also dependent on who benefits from the manner in which elephants are currently managed as compared to who actually carries the cost or burden, of allowing elephants to exist on ones land.
Historically African elephants were hunted and harvested by our indigenous people mainly for their meat, and ivory which has been an important trade item for centuries.
The alleged over utilization of elephants by ivory hunters, along with the changes in land use, for agricultural and urban development during the 1800’s led to the local extinction of these animals over many parts of South Africa, hence the undisputed need for the creation of protected areas for wildlife in South Africa that started in the early 1900’s.
Many of these wildlife protected areas were unfortunately created at the expense of our rural communities and the sustainable utilization of elephants, for the socio-economic and environmental benefit of our people remains severely restricted since that time.
The primary current threat to the conservation of elephants in South Africa is habitat destruction caused by the uncontrolled growth in our elephant populations, resulting in the disastrous man made situation, where excessive numbers of elephants are contained on land that simply can not sustain them in the long term.
The unnecessary traumatic death of over 80 elephants through starvation in Madikwe Game Reserve in the dry season of 2024 and the associated environmental damage, as reported by the True Green Alliance (TGA), is the prime example of the wasteful destruction of our natural heritage and unnecessary economic loss, caused by the bankrupt ideology that elephant populations should be left to manage them selves.
Is the environmental destruction of our National Parks not the price we are now paying for the alleged 1996 ‘capture’ of our National Parks Board (NPB), by the International Fund for Animal Welfare (IFAW) and the Humane Society of the United States (HSUS)?
The 25 June 1996, Special Edition of the Conservation Tribune published by the International Wildlife Management Consortium reported the following;
“ In the deal National Parks Board (NPB) agreed to accept US $ 2.5 million(in five installments of $ 500 000,00 a year) from IFAW to purchase additional elephant habitat for Kruger National Park on condition, among other things, that the NPB expressly undertakes never to allow the culling or hunting of elephants or any other species of game on any land purchased by IFAW.
In addition NPB undertook NOT to submit a proposal to resume international trade in elephant products to CITES at the COP meeting of of 1997. In conjunction with the agreement the HUUS offered a further US$ 2.5 million to NPB to seek viable contraceptives for elephant.
Eugene Lapointe, former Secretary General of CITES, roundly criticized the move, saying that NPB had abdicated the sovereign rights of South Africa for a bowl of porridge.”
End quote.
The South African elephant population is NOT endangered, and in most instances elephant numbers are overwhelmingly greater than the carrying capacity of their habitats, resulting in environmental destruction, biodiversity loss, accelerated soil erosion and desertification. The South African elephant populations therefore no one longer need special legal or regulatory protection for conservation purposes. Conversely there is an urgent requirement for our elephant populations to be managed so as to be in harmony with their environments where they currently exist.
Legal and Regulatory Concerns
The intended purpose of the International Union for the Conservation of Nature (IUCN) listing of species, together with the listing of Threatened or Protected Species (TOPS) in terms of section 56(1) of the National Environmental Management Biodiversity Act, 2004 (Act No 10 of 2004) (NEMBA) and the Convention on International Trade in Endangerd Species of Wild Fauna and Flora (CITES), is to apply responsible conservation management strategies according to the population status of certain species of wild plants and animals.
For example, animals such as impala are listed by the IUCN as being of least concern as impala are plentiful and widely distributed. Impala, therefore require no special legal or regulatory protection in South Africa, and may be sustainably utilized and traded by our people, with out being listed in terms of the TOPS regulations.
Highly endangered animals (eg Black Rhino) require the implementation of strict management strategies, such as being listed as a protected species in terms of section 56(1) of NEMBA, ie are listed under TOPS, as well as being regulated under CITES. The purpose of these regulations are firstly, to halt any further decline in the numbers of endangered plants or animals through over exploitation and secondly, but more importantly, is to facilitate the population recovery of endangered and specially protected populations of animals or plants over a period of time.
Once a conservation strategy concerning any endangered wildlife population is successful and their population numbers recover to such levels that they are overpopulating their environments, such animals no longer require special protection from from TOPS and CITES regulations and should be down listed to being species of least concern.
The management strategy and reasonable, legal and regulatory requirements, to utilize and trade in animals who’s populations have recovered and are now plentiful, should be changed or adapted accordingly in order to be aligned with Section 24 of the South African Constitution.
South Africa’s elephants are correctly listed as animals of Least Concern under the IUCN listing of species, and elephant poaching in South Africa is minimal, affecting less than 0.01% of the national population annually. These facts prove that SA’s elephants need NO special protection in terms of regulations such as TOPS or CITES.
Despite the fact that SA’s elephants are NOT endangered and have overpopulated their environments they are unconstitutionality listed by the National Department of Forestry, Fisheries and Environment (DFFE) under TOPS where unreasonable special protection applies, and under the CITES regulations, where the international elephant ivory trade ban is enforced.
The illegitimate and unwarranted, international elephant ivory trade boycott by CITES on South Africa’s biodiversity economy, is currently supported by our own government, allegedly because of the state capture of our NPB by Animal Rights NGO’s. This DNEHS clearly states that the commercial international elephant ivory trade will only be supported by our government when conditions become favorable?
Under CITES regulations, South Africa currently receives an annual quota to hunt and export derivatives from 150 elephants and as the CITES management authority for South Africa, being the National Department of Environment, Forestries and Fisheries (DFFE) has the legal responsibility and obligation to administer this quota process in an effective and efficient manner.
Similar CITES annual hunting quotas are also applicable to the sustainable hunting of 150 leopards and 0,5% of the black rhinoceros population by international clients.
The DFFE have failed to manage their own NEMBA and TOPS legal and regulatory requirements, with regards to the annual CITES hunting quotas for elephants, leopard or black rhinoceros for over 3 years. This administrative failure by the DFFE, has not only cost the country’s rural biodiversity economy many billions of Rands but has also led to the wasteful destruction of numerous valuable animals along with the degradation of many habitats required to sustain them.
The environmental, social and economic costs, threats or damages associated with allowing elephants on community or privately owned land, are far greater than any perceived benefits that may be achievable under the current unreasonable, unconstitutional, overburdening and unmanageable legal and regulatory environment associated with NEMBA, TOPS and CITES. Elephants therefore have little socio-economic value to our rural people and are currently regarded by many as a significant threat to rural lives and livelihoods
The establishment of an ENABLING LEGAL AND REGULATORY ENVIRONMENT, as a prerequisite to grow the wildlife economy, was the most important outcome of the Wildlife Economy Lab process of 2016, and was endorsed by the South African Government through Operation Pakisa in 2018.
This National Elephant Heritage Strategy refers to Enabling Governance and Enabling Engagement, yet not only has no progress has been made with regard to these aspects in the last decade, but actual regression and administrative failure by the DFFE has taken place during this time.
The Vision
The Vision of the National Elephant Heritage Strategy of South Africa is:
“Healthy elephant populations help realize biodiversity, strengthen cultural and spiritual connections, and provide fair and inclusive opportunities for sustainable ways of living, and dignified lives, for current and future generations.”
In order to realize above mentioned Vision and sustainable development based on responsible elephant management, the importance of the holistic approach as outlined in diagrammatic summary of the draft report is acknowledged.
With reference to the biodiversity economy the Draft National Elephant Heritage Strategy (DNEHS) states as follows :
“The revised National Biodiversity Economy Strategy (NBES) (Government Gazette No. 50279 of March 2024) was developed to optimize biodiversity based business potentials across the terrestrial, fresh water, estuarine and coastal realms, and to contribute to economic growth with local beneficiation, job creation, poverty alleviation and food security, whilst maintaining the ecological integrity and biodiversity resource base, for thriving people and nature.”
How is it possible to actually achieve the inspirational situation of having “Thriving People, Nature and Elephants” and implement the revised National Biodiversity Economy Strategy (NBES) (Government Gazette No. 50279 of March 2024) with regard to elephants:
3.1. When people are actually denied our constitutional rights to sustainably utilize and optimize all the benefits from elephant conservation, through the enforcement of an unconstitutional, overburdening and unmanageable legal and regulatory environment by the DFFE?
3.2. When we have an overpopulation of elephants causing environmental destruction and are dying of starvation, yet we as South Africans are denied the rights to benefit from the positive management of elephants and the commercial international elephant ivory trade is currently banned under CITES.
3.3. When the commercial international elephant ivory trade will only be supported by our government when conditions become favorable as it is the governments duty and responsibly, to ensure conditions are favorable for the international trade of all natural resources that are legally obtained and produced in the country. This includes elephant ivory that is a renewable natural resource that may be sustainably produced and harvested according to the NBES.
3.4. When this Draft National Elephant Heritage Strategy acknowledges the use of elephant dung and elephant dung maggots, by our people but no mention is made of the sustainable harvest of elephants and the wise use of elephant ivory, meat, hides and other valuable, renewable elephant products?
3.6. When there is no mention of the creation of the many employment opportunities and the boost to the rural biodiversity economy through the manufacturer and sale of high value jewelry, art and other items from the benefication of ivory, meat, bones, leather and other elephant products that are in accordance the the NBES principles.
It is most concerning that the effective road map for the facilitation of holistic elephant management and the realization of the stated Vision for this draft National Elephant Heritage Strategy has not been addressed in the DNEHS document.
Holistic Elephant Management
Everything in nature is linked and many South Africans are proud to have a highly significant emotional and spiritual connection to our land, our wildlife, including elephants and our entire natural heritage.
It is imperative therefore, that all renewable natural resources, including elephants are holistically managed, in a responsible and sustainable manner, so as to ensure the long term survival of thriving elephants, along with their habitats and the associated environmental, social, economic, and spiritual benefits that may be enjoyed by our people.
In accordance with stated Vision of the National Elephant Heritage Strategy and objectives of the revised National Biodiversity Economy Strategy (NBES) (Government Gazette No. 50279 of March 2024) it is our duty to manage South Africa’s elephants to the very best of our ability, by ensuring that:
The Constitutional Environmental Rights of our people as stated under Section 24 of the South African Constitution, is acknowledged, respected and upheld as a human right.
The responsible and sustainable use of renewable natural resources (including elephants) for the socio-economic and environmental benefit of our people is upheld and facilitated through a reasonable regulatory and legal environment.
Healthy elephant populations are positively managed to be in harmony with their habitats or environments resulting in long term, positive environmental benefits and services.
Optimal socio-economic benefits are derived from responsible and sustainable elephant management and utilization.
Responsible meta-population elephant management plans are implemented
Minimal elephant-human conflict takes place.
There is equitable and inclusive access and benefit sharing in proportion to the costs incurred for elephant conservation management
Elephants with intrinsic value do NOT suffer and to die unnecessarily slow and painful, lingering deaths, through thirst and starvation
Environmental degradation and desertification through overpopulations of elephants is eliminated as soon as possible.
It is acknowledged that the current National Norms and Standards for the Management of Elephants in South Africa that were published for implementation in Government Gazette No 30833 of 2008 has failed to achieve the management objectives of the National Elephant Heritage Strategy and are NOT aligned with the NBES or the constitutional rights of our people.
Recommendations
The current legal and regulatory environment that has been designed to negatively protect elephants at the expense of our people, needs to be changed and transformed, in order to facilitate the positive management of elephants for the benefit of our people, our environment and our elephants.
The implementation of an enabling legal and regulatory environment remains the most important prerequisite for the achievement of the economic, social and environmental goals as outlined in this National Elephant Heritage Strategy, so the following recommendations are made.
5.1. The Wildlife Forum Task Team, for the development and implementation of the transformed, enabling legal and regulatory environment, so as to facilitate the objectives of the biodiversity economy strategy as well as those of this National Elephant Heritage Strategy be established as soon as possible and within 3 months.
5.2. That the African savanna elephant (L. africana) is removed from TOPS listings and other unnecessary NEMBA regulations with immediate effect, so as to be aligned with Section 24 of the constitution and to facilitate the allocation of the annual CITES Elephant Hunting Quotas without further delay.
5.3. The approval for the legal international trade in elephant ivory from South Africa’s elephant population, in full co-operation with other SADC members, be presented by the South African Management Authority for CITES, at the next CITES COP meeting.
5.4. Environmental degradation caused by excess elephant populations be addressed and rectified as soon as possible.
5.5. The sustainable harvest of Elephants to be included in the National Game Meat Strategy.
5.6. Diverse elephant based business be developed, that grow the biodiversity economy and where local benefication of all elephant products, including elephant ivory, bones and hides takes place.
5.7. Land holders to have full ownership of all elephants that are contained on private or community held land, so as to facilitate the holistic management of elephants and achieve the vision of this document.
Conclusion
It has become abundantly clear that there is no consensus between the animal rights activists (who wish to deny our people of their constitutional rights) and our rural communities and the private sector who carry the cost of having elephants on their land and who wish to grow the inclusive biodiversity economy.
The solution to the above mentioned problem is simple. Those involved in State Capture or those who do not uphold and support the South African Constitution should take full responsibility for the current wasteful destruction of our elephants and their environments should be held accountable for their actions and have no say in the development of any wildlife management strategies or policy.
The True Green Alliance. (TGA) as a member of the Sustainable Use Coalition of South Africa (SUCO) and other affiliated member organizations stand willing and ready to work as full partners, in assisting the relevant government departments towards achieving the objectives this Draft National Elephant Heritage Strategy that are aligned with the aspirations of the National Biodiversity Economy Strategy.
We look forward to your written response.
Barry York
2 March 2025
