Rhino farmers tackle ban on trading of horn

PRETORIA: Two of the country’s largest rhino farmers turned to the high court in Pretoria in a bid to overturn the government’s moratorium on the domestic trade in rhino horn.

This application comes as the world commemorated World Rhino Day yesterday.

John Hume, who calls himself the single largest private rhino owner and breeder in the world, and wildlife rancher Johan Kruger, are attacking the 2009 national moratorium on domestic trade in rhino horn imposed by former minister of Water and Environmental Affairs Marthinus van Schalkwyk.

A full bench of three judges, led by Judge Francis Legodi, is hearing the application.

The pair are challenging the validity of the moratorium on various grounds, including that the minister did not follow the process of public participation before imposing the moratorium.

Advocate Mike Maritz, SC, on behalf of Hume, said his client was told that the moratorium would only be in place for about six months. It is now more than six years later and it is still in place.

It was argued on behalf of Hume that he is suffering great financial loss due to the moratorium. He is the lawful owner of 4 000kg of rhino horn obtained from dehorning his own rhinos. He said he spends about R5 million a month in feeding and maintaining his rhinos.

South Africa is a signatory to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites), which regulates the trade in certain species, including the rhino. Cites placed an international ban on rhino horn trade in 1975. Domestic trade, until 2009, was legal in South Africa.

The country in 1997 tried to lift the international trading ban, but this proposal failed by one vote. Maritz said its clear from this that government at the time held the view that the ban was having a detrimental effect on the protection and preservation of our rhino.

He said the moratorium, published only in the Government Gazette, was not “bedtime reading”.

Government, however, was adamant that the domestic ban had to remain in place, as “this was a positive step towards the conservation of rhinos”.

It was said that the court should not “lightly interfere” with the decision to impose the moratorium. The matter continues.