Dissertation (LLM)--University of Pretoria, 2013. / gm2014 / Private Law / unrestricted

The purpose of this study is to determine whether the current South African regulatory framework related to the illegal trade in wildlife, provides the means to regulate the illegal trade in rhino horn effectively. In an effort to combat and eradicate the illegal trade in wild species and parts therein, South Africa has enacted numerous laws and it has ratified various international conservation Conventions. However, with more than 800 rhinos having been killed in 2013 alone, it is doubtful whether these laws and conventions are adequate. The first chapter is an introductory chapter summarising the latest statistics on rhinos fatalities as a result of poaching, an estimate on their numbers as well giving a brief overview of what laws and conventions will be discussed in this study. In the second chapter the historical development of the trade in rhino horn is dissected, who the culprits are and the reason why rhinos are poached for their horn. The third chapter analyses international conventions that have been adopted by South Africa, including conventions such as the Convention on International Trade in Enangered Species, the Convention on Biological Diversity and agreements such as the General Agreement on Tariffs and Trade. The fourth chapter will focus more on the regional contributions which the African Union and Southern African Developing Community have made in an effort to combat the illegal trade in endangered species and their products such as rhino. The fifth and final chapter discusses South African legislation which comprises of the National Environmental Management Act, National Environmental Management Biodiversity Act, National Environmental Management Protected Areas Act and the Criminal Procedure Act so as to determine what influence it has had in the effort to regulate the illegal trade in rhino horn. The conclusion that can be drawn from this study is that the South African regulatory framework on paper is indeed adequate enough to regulate and even eradicate the illegal trade in rhino horn. The reason, however, for it’s currently failure is attributable to a lack of enforcement of these measures as a result of a lack of provisions holding entities accountable. / LLM (Import and Export Law), North-West University, Potchefstroom Campus, 2015

The purpose of this study is to determine whether the current South African regulatory framework related to the illegal trade in wildlife, provides the means to regulate the illegal trade in rhino horn effectively. In an effort to combat and eradicate the illegal trade in wild species and parts therein, South Africa has enacted numerous laws and it has ratified various international conservation Conventions. However, with more than 800 rhinos having been killed in 2013 alone, it is doubtful whether these laws and conventions are adequate. The first chapter is an introductory chapter summarising the latest statistics on rhinos fatalities as a result of poaching, an estimate on their numbers as well giving a brief overview of what laws and conventions will be discussed in this study. In the second chapter the historical development of the trade in rhino horn is dissected, who the culprits are and the reason why rhinos are poached for their horn. The third chapter analyses international conventions that have been adopted by South Africa, including conventions such as the Convention on International Trade in Enangered Species, the Convention on Biological Diversity and agreements such as the General Agreement on Tariffs and Trade. The fourth chapter will focus more on the regional contributions which the African Union and Southern African Developing Community have made in an effort to combat the illegal trade in endangered species and their products such as rhino. The fifth and final chapter discusses South African legislation which comprises of the National Environmental Management Act, National Environmental Management Biodiversity Act, National Environmental Management Protected Areas Act and the Criminal Procedure Act so as to determine what influence it has had in the effort to regulate the illegal trade in rhino horn. The conclusion that can be drawn from this study is that the South African regulatory framework on paper is indeed adequate enough to regulate and even eradicate the illegal trade in rhino horn. The reason, however, for it’s currently failure is attributable to a lack of enforcement of these measures as a result of a lack of provisions holding entities accountable. / LLM (Import and Export Law), North-West University, Potchefstroom Campus, 2015

The aim of this study is to confirm whether illegal immigration to South Africa is being regarded as a threat to national security and to analyse the implications thereof. The dissertation presents three assumptions to be explored and tested, namely: <ul> <li>Illegal immigration poses a growing threat to South Africa’s national security. The latter is due to an increase in the number of illegal immigrants entering the country as well as their seemingly increasing involvement in especially violent crime.</li> <li>The South African government does not adequately acknowledge the threat potential of illegal immigration with regard to the country’s national security status and as such adequate measures are not being taken to curb the influx of illegal immigrants.</li> <li>Violent attacks on foreigners in South Africa have been seen as xenophobia, however, specific factors exist that contributed to these attacks.</li> </ul> The study is conducted and contextualised in terms of the theory of national security, more specifically as it applies to developing countries. It aims to analyse the security implications of illegal immigration for South Africa, with specific reference to the involvement of foreigners in crime in South Africa and also focus on the political implications, more especially the role of foreigners in fomenting political violence. The study accepts the notion that the phenomenon is multi-dimensional and that it cannot be divorced from its socio-economic implications. Reference is therefore made to the political, social, economic and crime dimensions. The dissertation also focuses on the official and public views on illegal immigration and analyse measures adopted by the South African government to address the issue. The study predominantly focuses on the period 1994 to 2008 in an effort to demonstrate the extent of the increase in the number of illegal immigrants to South Africa following the advent of the new dispensation. It further attempts to ascertain whether this increase could be linked to the rise in incidences of violent crime in South Africa during the period in question. AFRIKAANS : Die doel van die studie is om te bepaal of onwettige immigrasie na Suid Afrika toenemend beskou word as ‘n bedreiging vir nasionale veiligheid en, tweedens, om die implikasies daarvan te analiseer. Die studie stel drie aannames voor vir toetsing en verdere bespreking, naamlik: <ul> <li>Onwettige immigrasie bedreig Suid Afrika se nasionale veiligheid toenemend. Laasgenoemde stelling is gebaseer op die toename in die getal onwettige immigrante wat Suid Afrika binnekom, sowel as aan die betrokkenheid van onwettige immigrante in misdaad (veral geweldadige misdade) in Suid Afrika.</li> <li>Die Suid Afrikaanse regering beskou die potensiële bedreiging van onwettige immigrasie vir nasionale veiligheid nie met die nodige erns nie en gevolglik word die nodige maatrëels nie ingestel om die toenemende instroming van omwettige immigrante na Suid Afrika te bekamp nie.</li> <li>Geweld teenoor vreemdelinge in Suid Afrika word alom gesien as xenofobies van aard, alhoewel spesifieke faktore teenwoordig is wat bydra tot sulke aanvalle.</li></ul> Die studie is gebaseer op die teoretiese beginsels van nasionale veiligheid en meer spesifiek soos dit van toepassing is op ontwikkelende lande. Die studie poog om die veiligheidsimplikasies van onwettige immigrasie na Suid Afrika te analiseer, met spesifieke verwysing na die betrokkenheid van onwettige immigrante by misdaad in Suid Afrika. Daar word ook gefokus op die politieke gevolge, insluitend die opvatting dat vreemdelinge betrokke is by, of bydra tot politieke spanning in sekere gemeenskappe. Die studie aanvaar die beginsel dat onwettige immigrasie multi-dimensioneel is en dat dit onlosmaaklik verbonde is aan die sosio-ekonomiese impak daarvan. Gevolglik word verwys na die politieke, sosiale, ekonomiese en misdaad impak van onwettige immigrasie. Die studie fokus verder ook op die amptelike en nie-amptelike standpunte oor onwettige immigrasie en analiseer die maatrëels deur die Suid Afrikaanse regering ingestel ten einde die vraagstuk aan te spreek. Die studie fokus oorwegend op die periode 1994 tot 2008 ten einde die toename in die getal omwettige immigrante wat die land sedert 1994 binnegekom het, aan te dui. Verder poog die studie om vas te stel of daar ‘n verband bestaan tussen die toename in onwettige immigrante en ‘n toename in geweldadige misdaad in Suid Afrika in die periode onder bespreking. Copyright / Dissertation (MSS)--University of Pretoria, 2009. / Political Sciences / unrestricted