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High Level Panel (Hereinafter the “HLP”/ “Panel” / “High Level Panel” / “Committee”)

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High Level Panel (Hereinafter the “HLP”/ “Panel” / “High Level Panel” / “Committee”) “If we do not do something to prevent it, Africa’s animals, and the places in which they live, will be lost to our world, and her children, forever” – Nelson Mandela To: Chairperson: Advisory Committee (High-Level Panel) c/o Department of Environment, Forestry and Fisheries (hereinafter the “Department” or “DEFF” or “DEA”) For the Attention of: Ms. Pamela Singh/Ms. Ofentse Mashiyane Per e-mail: [email protected] And To: The Director-General Department of Environment, Forestry and Fisheries c/o Mr. Khorommbi Matte Chief Director: Biodiversity Economy and Sustainable Use Per email: [email protected] Cc: [email protected] And to: Barbara Dallas Creecy Minister of Environment, Forestry and Fisheries Per email: [email protected] 15 June 2020 Dear Honourable Representatives, RE: Advisory Committee to Review Policies, Legislation and Practices on Matters Related to the Management, Breeding, Hunting, Trade and Handling of Elephant, Lion, Leopard and Rhinoceros and Related Matters Please find herewith the submission (the “Submission”) by the EMS Foundation (“EMS”) and Animal Law Reform South Africa (“ALRSA”) (collectively, “we” / “us”) in respect of the call for submissions in in GN 221 published in Government Gazette number 43173 of 27 March 2020 in respect of the aforementioned Advisory Committee/ High Level Panel (hereinafter the “HLP”/ “Panel” / “High Level Panel” / “Committee”). Kindly confirm receipt of this Submission and address further correspondence to the email addresses: [email protected] and [email protected]. We look forward to receiving a response to the requests made herein and are available to engage on any queries, comments, concerns which you may have in respect of the Submission. 1 | Page We refer to: 1. The original call for submissions to the High Level Panel in GN 221 in Government Gazette No. 43173 of 27 March 2020 (“Original Call”). This was published on the Department’s website1 but in an illegible form. This illegible copy is included to this Submission as Appendix III (Page 3 thereof). 2. Terms of Reference circulated via email to us on 22 April 2020 (“ToR” or “Terms of Reference”). To the best of our knowledge, these were never gazetted. 3. Media Release – “Extension granted for submissions on work relevant to the High Level Panel into lion, rhino, elephant and leopard management dated 15 May 20202 (the “Extension Statement”). 4. GN 277 in Government Gazette No. 43332 of 15 May 2020 comprising a “General Notice Extending the Date for the Submission of Written Submissions, Scientific Information, Socio- Economic Information or any Other Relevant Information to the Advisory Committee (High- Level Panel) On Matters Related to the Management and Handling, Breeding, Hunting and Trade of Elephant, Lion, Leopard and Rhinoceros”3 [Note: This notice refers to the Terms of Reference, at this point published on the Department’s website. The Original Call did not contain the Terms of Reference. 5. GN 1317 in Government Gazette No. 42761 of 10 October 2019 (the “Committee Gazette”) relating to the establishment of Advisory Committee to Review Policies, Legislation and Practices on matters related to the management, breeding, hunting, trade and handling of elephant, lion, leopard and rhinoceros (the “Committee”) [Note we have used High Level Panel and “Panel” and Committee interchangeably herein. It is unclear if they are the same]. 6. Media Release4 on the appointment of the Committee. 7. GN 243 in Government Gazette No. 42247 of 25 February 2019 comprising a call for nominations for members of the High-Level Panel of Experts for the review of policies, legislation and practises on matters related to the management, breeding, hunting, trade and handling of elephant, lion, leopard and rhinoceros. 1 https://www.environment.gov.za/sites/default/files/gazetted_notices/nemba_lionrhinoleopardelephant_committeeofi nquiry_g431743gn221.pdf 2 https://www.environment.gov.za/mediarelease/advisorycommittee_noticeforsubmissions_extended 3 https://www.environment.gov.za/sites/default/files/gazetted_notices/nemba_lionrhinoleopardelephantcommittee_ofi nquirysubmissionsextended_g43332gn277.pdf 4https://www.environment.gov.za/mediarelease/creecyaapointsadvisorycommittee_managementbreedinghuntingtradeh andling_elephantlionleopardrhinoceros 2 | Page 8. The Letter from the Wildlife Animal Protection Forum South Africa (“WAPFSA”) dated 25 November 20205 and referred to throughout (“WAPFSA Letter”). 9. Other Correspondence, Documents, Submissions, Presentations, Queries, Emails and the like (including but not limited to those) contained in Appendix I and throughout this Submission –and more specifically, the previous Submissions made in terms of public calls for comments in relation to Elephants; Rhinos; Lions and CITES regulations and appendices. 10. Letter from the Department to Sarah Kvalsvig, as a representative of the EMS Attorneys, (Cullinan & Associates Inc.) Ref: EDMS MCE 193396/MCE 193559) received on 11 June 2020 (“Creecy Response”). Disclaimers Please note that this Submission is non-exhaustive and does not represent all the responses to the issues and matters raised herein. We reserve the right to provide any further or additional information on aspects raised herein. We are submitting so as to be able to record our initial high-level views and resources; however, our Submission is by no means a complete one in relation to the topics, objections or matters that may be raised. We wish to note upfront that we believe there are various issues with the contents, processes, and related matters in respect of the Panel generally, as well as the Call for Submission. Consequently, our Submission does not constitute a waiver of any rights we may have, including but not limited to challenging the Department, the High-Level Panel/ Advisory Committee or otherwise, or take any other action we deem fit in respect thereof. Specifically, we believe that insufficient time and notice has been provided for us to provide complete comments. The entire process on this Call for Submissions has been done during a declared National State of Disaster and lockdown of the country. During this time, particularly as NGOs, we have experienced major strain on our resources and capacity to deal with matters. The views expressed herein are those of the two organisations and do not necessarily represent those of every individual director, member, employee, representative, volunteer, affiliate or others of either EMS and/or ALRSA. We have attempted to be as comprehensive as possible, given the time, resources and other relevant factors and constraints, however we may not have responded or included each and every relevant consideration. Accordingly, it should be noted that different persons have provided input and we have tried within these constraints to collate this input as effectively, consistently, and practicably as possible. 5 https://emsfoundation.org.za/wapfsa-responds-to-the-the-high-level-advisory-committee-appointed-by-department- of-environment-forestry-and-fisheries/ 3 | Page We have further attempted to reference as footnotes or hyperlink the resources relied upon for this submission. Should you require any further information in respect of these or the Submission more generally, we are happy to provide these. We reserve any and all rights, remedies and actions available to us. Organisational Background and Declaration of Interest This Submission comes from two registered South African non-profit organisations which have a substantial interest in the issues to be considered by the Panel. We have, for years, consistently expressed interest in these issues to DEFF, other government departments, NGOs, the South African public and other stakeholders – both privately and within the public domain. We have furthermore requested engagement with and feedback from the relevant authorities in respect thereof. We have provided various formal submissions, sent letters, emails, and other correspondence, attended presentations and meetings, and otherwise engaged on these matters (where such engagement has been possible). Some examples of these have been included herein (see for example Appendix I), however this is not an exhaustive list. Both organisations are interested stakeholders and representatives of vulnerable populations within South Africa, including human as well as nonhuman animals. Both organisations have, within their core focus, concepts of social justice and appreciate the need for intersectionality in their approaches. EMS Foundation6 The EMS Foundation (South Africa) was established in November 2014. As our Foundation was established for public benefit purposes we are a Not for Profit Organisation (NPO) (registration number: 168-304NPO) and Public Benefit Organisation (PBO) with section 18(a) status. (PBO Reference Number: 9300 53286). Our key purpose is to alleviate and end suffering, raise public awareness and lobby and empower, provide dignity and promote the rights and interests of vulnerable groups, particularly children, the elderly and wild animals. The EMS Foundation is a South African based social justice NGO with the purpose of achieving lasting solutions, alleviating and ending suffering, raising public awareness and providing dignity through supporting and sustaining humane solutions, interventions and research for the protection of children, the Aged and wildlife. Animal Law Reform South Africa7 Animal Law Reform South Africa (“ALRSA”) is a non-profit company and a
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