scholarly journals The Conservation Status of Eagles in South African Law

2017 ◽  
Vol 16 (4) ◽  
pp. 179
Author(s):  
J C Knobel
Keyword(s):  
South Africa ◽  
Protected Areas ◽  
South African ◽  
National Parks ◽  
Legal Status ◽  
Conservation Status ◽  
Legal Protection ◽  
Environmental Research ◽  
Birds Of Prey ◽  
Legal Provisions

This contribution is an introductory survey and preliminary evaluation of the conservation status of eagles in South African law. The methodology is primarily an interdisciplinary literature study of legal texts and texts from the natural sciences. Eagles are some of the largest and most powerful avian predators, and the human response to their presence is dualistic and polarised. At the one extreme, many people admire eagles, while at the other extreme they are perceived as a threat to economic and other interests, and may even be actively persecuted in a conviction that they are vermin. This duality in the human perception of eagles is also prevalent in South Africa and complicates their conservation. The mobility of eagles and other birds of prey means that they cannot be restrained by fencing national parks and other protected areas, and this heightens the likelihood of their entering into conflict with human interests. The conservation problems faced by eagles in South Africa can broadly be divided into direct and indirect threats. Direct threats include the intentional killing of eagles, and trade in eagles and their eggs. Indirect threats include non-targeted poisoning (where poisoned bait is used to control other predators, but eagles find the bait, feed on it, and succumb); habitat loss; mortality induced by dangerous structures; and disturbance. The legal status of eagles is influenced by a large body of legislative provisions, ranging from international and regional legal instruments, through national legislation, to provincial legislative measures. An overview of these provisions is given, with concise explanations of how they apply to the legal status of eagles and other birds of prey in South Africa. The conservation status of eagles in South African law is subsequently evaluated by considering the contribution of the applicable laws to three main types of conservation interventions. In respect of the first, habitat preservation, the relevant legal provisions contribute to an impressive array of conserved habitats in national parks and other protected areas. However, the mobility of eagles, and the fact that some species occur mainly outside protected areas, make it imperative for eagles also to be afforded legal protection outside of protected areas. In respect of the second type of intervention, namely management activities to conserve the species in their habitats, an inquiry is made into how the law addresses the threats of the intentional killing of eagles; trade in eagles and their eggs; non-targeted poisoning; mortality induced by dangerous structures; and disturbance. The protection is found to be sound in principle. In respect of the third and most intensive intervention, captive breeding, a regulatory framework is in place, but no such intervention on eagle species is known to be operative in South Africa. In conclusion a number of recommendations are made. The existing laws can be improved by aligning the legal status of species with their Red List status; listing all bird of prey species that are not Critically Endangered, Endangered, or Vulnerable, as Protected for the purpose of national environmental legislation; and, in the medium rather than the short term, considering the imposition of legal obligations on electricity suppliers to implement measures that will mitigate mortalities on electricity structures. Better application of the existing laws could be achieved by improving compliance and enforcement, and by facilitating the optimal use of Biodiversity Management Plans, environmental research, and environmental education.

scholarly journals South African National Survey of Arachnida (SANSA): Solifugae (sun-spiders) of the national parks and reserves of South Africa (Arachnida, Solifugae)

Koedoe ◽  
2006 ◽  
Vol 49 (2) ◽  
Author(s):  
A.S. Dippenaar-Schoeman ◽  
A.X. González Reyes
Keyword(s):  
South Africa ◽  
Protected Areas ◽  
South African ◽  
National Parks ◽  
National Survey ◽  
The South

As part of the South African National Survey of Arachnida (SANSA) inventories are underway to determine the diversity of the South African Arachnida fauna (Dippenaar- Schoeman & Craemer 2000). Several SANSA projects are in progress, including inventories of the arachnid faunas of protected areas. One such project is an inventory of the Solifugae (sun spiders) from protected areas. Meaningful conservation can not take place if the species involved are not known.

scholarly journals Editorial

2017 ◽  
Vol 16 (4) ◽  
pp. 1
Author(s):  
Christa Rautenbach
Keyword(s):  
South Africa ◽  
South African ◽  
Trade Unions ◽  
Legal Status ◽  
Conservation Status ◽  
Access To Justice ◽  
Constitutional Court ◽  
Independent Contractor ◽  
North West ◽  
The Impact

This edition of PER consists of eight articles, four notes and two book reviews covering a range of topics. The first article is by Oliver Fuo, a postgraduate student of the North-West University (Potchefstroom Campus). His contribution deals with the status of executive policies and the basis for their judicial enforcement in a constitutional and socio-economic context. He demonstrates that "executive" policies may be perceived to have the force of law, especially where their enforcement may be imperative for the realisation of socio-economic rights. Secondly, Ig Rautenbach of the University of Johannesburg considers empirical data on the effectiveness of the Constitutional Court during the period 1995 to 2012. He focuses on the following three questions: "How did the cases reach the court", "why did the court refuse to consider some of them", and "how often did the court invalidate laws and actions". In the third article, Magda Slabbert and Hendrik Pienaar, follows a multi-disciplinary approach to discuss the legal position of the locum tenens that is often used by medical practitioners in private practice. They recommend that a locum tenens be appointed as an independent contractor rather than an employee, and argues that the onus to ensure that he or she is registered and fit to practice rests on the principal. The fourth article by Carika Keuler deals with the "pay now, argue later" rule in terms of the Tax Administration Act 28 of 2011. She is of the opinion that the Act fails to address the imbalance between the duties of the South African Revenue Services and the right of the taxpayer to access the courts. JC Knobel, the author of the fifth article, gives an overview of the conservation status of eagles in South Africa. He discusses the existing legal framework and makes a number of recommendations to improve their legal status. Two authors, Laurence Juma and James Tsabora, both from Rhodes University, discuss the possibility of South Africa enacting a new law regulating private military and/or security companies, which they refer to as PMSC's. The seventh article by Johan Kruger and Clarence Tshoose gives a South African perspective on the impact of the Labour Relations Act 66 of 1995 on minority trade unions. In the eight place, Dave Holness offers an analysis of compulsory "live client" clinical legal education as part of the LLB course as a means of improving access to justice for the indigent.

Extending Death Benefits to Cohabitants under Section 37C of the South African Pension Funds Act: Hlathi v University of Fort Hare Retirement Fund

2012 ◽  
Vol 56 (2) ◽  
pp. 296-306
Author(s):  
Ntombizozuko Dyani
Keyword(s):  
South Africa ◽  
South African ◽  
Legal Protection ◽  
Pension Funds ◽  
Bill Of Rights ◽  
The South ◽  
Retirement Fund ◽  
University Of Fort Hare

AbstractCohabitation is left largely unregulated in South Africa, which means that many cohabitants are left destitute or financially worse off when their cohabiting partners die. The Pension Funds Act 24 of 1956, in particular section 37C, is one of the few pieces of legislation that afford legal protection to cohabitants who are left financially worse off due to the death of their partners. However, three previous pension funds adjudicators gave different views as to how to interpret this provision. This note seeks to compare three decisions by three different adjudicators and concludes that the latest decision in Hlathi is the most preferred, because it interprets section 37C progressively, taking into account the spirit, purport and objects of the Bill of Rights.

scholarly journals A strategic framework for biodiversity monitoring in South African National Parks

Koedoe ◽  
2011 ◽  
Vol 53 (2) ◽  
Author(s):  
Melodie A. McGeoch ◽  
Mbulelo Dopolo ◽  
Peter Novellie ◽  
Howard Hendriks ◽  
Stefanie Freitag ◽  
...  
Keyword(s):  
Protected Areas ◽  
South African ◽  
Monitoring System ◽  
National Parks ◽  
Management Plan ◽  
Biodiversity Monitoring ◽  
Management Philosophy ◽  
Conservation Implications ◽  
Strategic Direction ◽  
Internal Pressures

Protected areas are under increasing threat from a range of external and internal pressures on biodiversity. With a primary mandate being the conservation of biodiversity, monitoring is an essential component of measuring the performance of protected areas. Here we present a framework for guiding the structure and development of a Biodiversity Monitoring System (BMS) for South African National Parks (SANParks). Monitoring activities in the organisation are currently unevenly distributed across parks, taxa and key concerns: they do not address the full array of biodiversity objectives, and have largely evolved in the absence of a coherent, overarching framework. The requirement for biodiversity monitoring in national parks is clearly specified in national legislation and international policy, as well as by SANParks’ own adaptive management philosophy. Several approaches available for categorising the multitude of monitoring requirements were considered in the development of the BMS, and 10 Biodiversity Monitoring Programmes (BMPs) were selected that provide broad coverage of higher-level biodiversity objectives of parks. A set of principles was adopted to guide the development of BMPs (currently underway), and data management, resource and capacity needs will be considered during their development. It is envisaged that the BMS will provide strategic direction for future investment in this core component of biodiversity conservation and management in SANParks. Conservation implications: Monitoring biodiversity in protected areas is essential to assessing their performance. Here we provide a coordinated framework for biodiversity monitoring in South African National Parks. The proposed biodiversity monitoring system addresses the broad range of park management plan derived biodiversity objectives.

scholarly journals The Concept of Labour in South African Law

Fundamina ◽  
2020 ◽  
pp. 42-90
Author(s):  
LN Maqutu
Keyword(s):  
South Africa ◽  
South African ◽  
Theoretical Perspective ◽  
Legal Reasoning ◽  
Labour Law ◽  
Post Colonial ◽  
Legal Provisions ◽  
Industrial Mining ◽  
Necessary Evil ◽  
Mobility Mining

The attitude of European invaders toward the African people they encountered during the colonial conquest of South Africa has been crucial in the formulation of law. This contribution undertakes a contrapuntal reading of historic laws pertinent to notions of labour and its regulation, in order to reveal the import of its orientation to the system devised. The discourse on Africans and the manner of their utilisation as a source of labour are assessed from the text of legal provisions of the emergent Cape Colony and the later period of industrial mining in the Zuid-Afrikaansche Republiek. From a post-colonial, theoretical perspective, the exploration expands the latitude of labour law to incorporate property, mobility, mining and other subsets of law. A recount of these early laws reveals that the forcible labouring of Africans has been vital in the development of colonial settlements and enterprise endeavours. The supposed worthwhile modernisation of South Africa has been largely accomplished through the cruelty imposed on Africans. Yet normalised accounts advance concrete separations, (white) leadership alongside legitimised African servitude. Fidelity to that paradigm of thought demands an either-or response to historical events (either it was good – a necessary evil – or it was bad), without making room for nuanced deliberation. It presumes a capacity to escape colonial manipulation when interrogating its misdeeds. However, the formation of that type of thought itself is flawed, and has failed to create the certitudes professed. Since the founding mythos upon which legal reasoning has been assembled has rested on the diminution of Africans, continued fidelity to the accumulated arrangements of labour and its control is disturbed by the appraisal in this contribution. The process avoids validating the simplistic legitimation of labour norms by the controlled insertion of Africans into colonised spaces – a narrow way of thinking that encourages the belief that solutions can be found in according Africans access to the spoils of conquest.

The valuation of elephant sightings in protected areas.

2021 ◽  
pp. 191-203
Author(s):  
Andrea Saayman ◽  
Melville Saayman
Keyword(s):  
South Africa ◽  
Willingness To Pay ◽  
Contingent Valuation ◽  
Protected Areas ◽  
National Parks ◽  
Big Five ◽  
The Other ◽  
Relative Importance ◽  
The Mean ◽  
Preferred Species

Abstract The research presented in this chapter determines the value that tourists on safari in protected areas in South Africa attach to elephant sightings and the relative importance of the elephant sighting compared with the other species in the Big Five. The study also determines whether tourists take the increased poaching of elephants - also in South Africa - into account when revealing their choice. Using information from five surveys conducted at different parks in South Africa from 2011 to 2013 and again in 2019, the elephant was found to be the fourth preferred species in the Big Five. The exception is Addo Elephant National Park, where the elephants are the second most preferred species. To determine the value that tourists attached to a sighting, contingent valuation was used. Although approximately a quarter to a third of respondents indicated positive amounts for a sighting across the years, the mean willingness to pay (WTP) reflects the scarcity of the species. The elephant is relatively abundant in all the parks and, in many instances, much easier to spot than the leopard or lion. It is therefore not surprising that the mean valuation of a sighting is much lower than that of the leopard and lion throughout all the years. Although tougher economic conditions in the country also influence WTP, it was found that tourists to South Africa's National Parks do not yet take the increased poaching of elephants into account when revealing their choice, nor in their valuation.

Assessment appraisal, disposal and transfer of neglected rangers’ diaries created from 1926 to 1930: case of the Kruger National Parks of South Africa

2019 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Nkholedzeni Sidney Netshakhuma
Keyword(s):  
South Africa ◽  
South African ◽  
National Parks ◽  
National Park ◽  
Qualitative Methodology ◽  
Historical Record ◽  
Content Type ◽  
National Archives ◽  
History Of ◽  
Parks Management

Purpose This paper aims to assess the appraisal, disposal and transfer of records of the Kruger National Park (KNP) rangers’ diaries processes from 1926 to 1930 with a view to recommend best practices. Design/methodology/approach The paper applied a qualitative methodology through document analysis, interviews and observations as data collection instruments to analyse contents of rangers’ diaries. The population of the study comprised rangers, a records manager and a representative from the National Archives of South Africa (NARSSA), a member of South Africa National Parks’ management and a scientist from South African National Biodiversity Institute. Findings The key findings revealed that rangers’ diaries contain historical, scientific and cultural information. However, such information is not disseminated to society. Lack of systematic appraisal, arrangement of records led to a loss of institutional memories. The role of National Archives and Records Service of South Africa is not visible to provide guidelines on the preservation of rangers’ records. Research limitations/implications This research is limited to KNP ranger’s diaries created from 1926 to 1930 because it is the period of establishment of the national park and introduction of rangers’ programme. Practical implications The findings are expected to be instrumental towards the preservation of rangers’ diaries within the park. Rangers’ diaries are also potentially of great biogeographical value in constituting a historical record of the plants and animals in a given area, their distribution and population changes, and the effects of human interventions such as game fences and artificially created waterholes, game culling and tourism, not to forget climate change. Social implications Preservation of ranger diaries may lead to documentation of records with historical, scientific and social value. Rangers’ diaries also form part of the national archival heritage of South Africa, as they bridge the gap of undocumented history of the rangers and national parks in South Africa. Originality/value This paper appears to be the first to research the assessment of the appraisal, disposal and transfer of rangers’ diaries created from 1926 to 1930.

scholarly journals Trends in numbers of Cape gannets (Morus capensis), 1956/1957–2005/2006, with a consideration of the influence of food and other factors

2006 ◽  
Vol 64 (1) ◽  
pp. 169-177 ◽  
Author(s):  
Robert J. M. Crawford ◽  
Benedict L. Dundee ◽  
Bruce M. Dyer ◽  
Norbert T. W. Klages ◽  
Michael A. Meÿer ◽  
...  
Keyword(s):  
South Africa ◽  
South African ◽  
Conservation Status ◽  
Fish Prey ◽  
Management Measures ◽  
Fur Seals ◽  
Long Term Changes ◽  
Influence Of Food ◽  
Abundance And Distribution

Abstract Crawford, R. J. M., Dundee, B. L., Dyer, B. M., Klages, N. T., Meÿer, M. A., and Upfold, L. 2007. Trends in numbers of Cape gannets (Morus capensis), 1956/57–2005/06, with a consideration of the influence of food and other factors – ICES Journal of Marine Science, 64, 169–177. Cape gannets (Morus capensis) breed at six colonies in Namibia and South Africa. Population size averaged about 250 000 pairs over the period 1956/1957–1968/1969 and about 150 000 pairs from 1978/1979 to 2005/2006. Over the whole 50-y period, numbers at the three Namibian colonies fell by 85–98%, with greater proportional decreases in the south. There were increases at two South African colonies between 1956/1957 and 2005/2006. The colony at Lambert's Bay increased between 1956/1957 and 2003/2004, but attacks by Cape fur seals (Arctocephalus pusillus) on birds at nests caused abandonment of the entire colony in 2005/2006. Long-term changes at colonies are thought to be largely attributable to an altered abundance and distribution of prey, especially sardine (Sardinops sagax) and anchovy (Engraulis encrasicolus). In both Namibia and South Africa, the numbers of Cape gannets breeding were significantly related to the biomass of epipelagic fish prey. Over the 50-y period, there was also a marked similarity in the proportions of gannets and epipelagic fish in the Benguela system, which were present in Namibia and South Africa. In the 2000s, there was an eastward shift in the distribution of sardine off South Africa and a large increase in the number of gannets breeding at South Africa's easternmost colony. When sardine were scarce off South Africa, gannets fed on anchovy, but off Namibia anchovy only temporarily and partially replaced sardine. Ecosystem management measures that might improve the conservation status of Cape gannets are considered.

scholarly journals Spiders and Scorpions (Arachnida: Araneae, Scorpiones) of the Nylsvley Nature Reserve, South Africa

Koedoe ◽  
2009 ◽  
Vol 51 (1) ◽  
Author(s):  
Ansie S. Dippenaar-Schoeman ◽  
Annette Van den Berg ◽  
Lorenzo Prendini
Keyword(s):  
South Africa ◽  
Protected Areas ◽  
South African ◽  
National Survey ◽  
Nature Reserve ◽  
New Records ◽  
The South ◽  
Spider Species

Among other activities, the South African National Survey of Arachnida (SANSA) aims to survey the biodiversity of arachnids in protected areas of South Africa. The study presented here documents the diversity of spiders and scorpions collected from the Nylsvley Nature Reserve (NNR), South Africa over a 30-year period. The spider fauna of NNR contains 175 species (7.5% of the total recorded in South Africa), in 131 genera and 37 families. Thomisidae is the most diverse spider family in the reserve, with 33 species (18.9% of the total), followed by Salticidae, with 20 species (11.4%), and Araneidae, with 18 species (10.3%). The majority of species (125) are wandering spiders (71.4%), whereas 50 species (28.6%) build webs. Wandering grounddwelling spiders comprise 52 species, whereas 73 wandering species have been collected from the vegetation. A total of 158 species are new records for the reserve and Oxyopes tuberculatus Lessert, 1915 is newly recorded for South Africa. Six spider species may be new to science. The scorpion fauna of NNR comprises five species (5% of the total recorded in South Africa) in three genera and two families. Buthidae are more diverse in the reserve, with four species and two genera represented. The scorpion fauna of the reserve includes two fossorial and three epigeic species, representing five ecomorphotypes: semi-zpsammophilous, pelophilous, lithophilous, corticolous and lapidicolous. Five additional scorpion species may be recorded if the reserve is sampled more intensively using appropriate techniques.

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