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An analysis of enforcement of laws on rhino poaching in South AfricaMogoshi, Malesela Samuel January 2016 (has links)
Thesis (LLM.) -- University of Limpopo, 2016 / 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.
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