Vorster and Another v Department Economical Development, Environment and Tourism Limpopo Provincial Government and Others

Abstract

This case dealt with the national application of a provision of the Convention on International Trade in Endangered Species (CITES). The first applicant had applied for a permit to hunt elephants. Elephants had been classified as damage causing animals in South Africa. The permit was issued approving the shooting of two elephants by a local hunter. The applicant was dissatisfied on the basis that the condition that the hunter should be a local hunter was "ultra vires and of no force and effect". The third respondent stated that unless trade in specimens (which included ivory and trophies) of CITES Appendix II species was subject to strict regulation, the mentioned species could become extinct. Therefore certain acts were forbidden without a CITES permit such as, for example, the export of ivory or the trophy of an elephant. It was stated that in every instance where a foreign hunter was involved in a permit to hunt a CITES listed animal, the issue of such a permit was a first step for any potential export of specimens of that animal such as ivory or trophies. In the present instance, a non-CITES permit had been issued, meaning a permit for a local hunter. The hunter should be a permanent South African resident. The court did not understand how the objectives of the relevant provision, namely to manage and protect the environment in the Province, would be achieved if a resident hunter shot the designated elephant. The applicant had made it clear that no part of the designated elephant or elephants would be exported. A foreign hunter would more probably contribute to the development of a local community than a local one in connection with the import of foreign exchange and expenses incurred by a foreigner during his stay in the Province. The court emphasized that the Convention was only concerned with international trade in certain specimens of wild animals. The elephants in question were listed in Appendix II to the Convention. A CITES permit was required only when such species was to be exported or removed from the Province to a foreign country. In the view of the court, it was irrelevant whether a resident or non-resident person pulled the trigger. The respondents had imposed a condition that they were not lawfully entitled to impose. It decided that the condition that the hunter should be a local hunter was ultra vires and of no force and effect.

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References

Cites

Convention on International Trade in Endangered Species of Wild Fauna and Flora

Treaty | Multilateral | Washington | Mar 3, 1973

Keyword: Inventory, Wild flora, Authorization/permit, Endangered species, Certification, Biodiversity, International trade, Protected plant species, Protected animal species, Wild fauna, Wildlife products, Management/conservation, Offences/penalties, International agreement-text, Trade in species

Source: IUCN (ID: TRE-000483)