An analysis of enforcement of laws on rhino poaching in South Africa

Abstract

Rhinoceros (Rhinos) are poached at an alarming high rate in South Africa. The 1973 Convention on International Trade in Endangered Species of wild Fauna and Flora (CITES), prohibited the trade of rhino horns amongst its member states. Even though there are existing pieces of legislation in South Africa to curb the killing and illegal trade of rhino horns, compliance authorities rarely impose stringent sentences on culprits caught poaching rhinos. There should be stringent enforcement of laws on poachers and if caught, perpetrators should be brought to justice in order to deter aspiring or ambitious would-be perpetrators. Amendment of legislation currently used in South Africa on rhino poaching cases, if applied vigorously, would be more developmental in curbing the scourge.

The syndicate are highly skilled and well equipped for the execution of illicit poaching. It is in few instances that perpetrators are arrested and prosecuted. Even if arrested and prosecuted, lenient sentences are imposed upon conviction. The most noticeable lacuna in South African Criminal Justice System, is the lack of capacity and skills in investigations and successful prosecutions of rhino poachers. Worst still, despite frequent media reports on the alarming rate of rhino poaching cases, few arrests and convictions are reported.

This mini dissertation looks at rhino poaching as an organised crime, and focuses on literature review, legal framework and regulations, as well as comparative study on legislation which can be used to prosecute the perpetrators of this organised crime. The discourse recommends amendment of legislation presently used to prosecute rhino poaching offenders, and advocates that they should be stringently applied in order to curb the scourge.