Who owns and is responsible for the elephant in the room? Management plans for free-roaming elephant in South Africa
In 2008, South Africa adopted its ‘National Norms and Standards for the Management of Elephants in South Africa’. Concern has subsequently been raised as to whether these norms and standards apply to free-ranging elephant on land, which had not been enclosed with a fence with the express purpose of...
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| Format: | Article |
| Language: | English |
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South African National Biodiversity Institut
2018-06-01
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| Series: | Bothalia: African Biodiversity & Conservation |
| Subjects: | |
| Online Access: | https://abcjournal.org/index.php/abc/article/view/2271 |
| _version_ | 1818199037966286848 |
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| author | Andrew C. Blackmore Arie Trouwborst |
| author_facet | Andrew C. Blackmore Arie Trouwborst |
| author_sort | Andrew C. Blackmore |
| collection | DOAJ |
| description | In 2008, South Africa adopted its ‘National Norms and Standards for the Management of Elephants in South Africa’. Concern has subsequently been raised as to whether these norms and standards apply to free-ranging elephant on land, which had not been enclosed with a fence with the express purpose of containing these animals and other game on the property. The application of these norms and standards pivots on whether the owner(s) of the property have taken possession of these animals in accordance with common law applicable to game, or have given effect to the provisions of the Game Theft Act. To address this concern, this article briefly explores the evolution of South African regulatory jurisprudence applicable to game, including elephant, and analyses the norms and standards in relation to international and national legislation and common law applying to elephants. The norms and standards are not applicable to unowned, free-roaming elephant. These norms and standards, therefore, do not fulfil their primary objective of uniform management of elephant across South Africa. This limitation of the norms and standards, therefore, needs to be considered when they are revised. |
| first_indexed | 2024-12-12T02:15:24Z |
| format | Article |
| id | doaj.art-1e77b4b5c5e24a7c903f074d6736240c |
| institution | Directory Open Access Journal |
| issn | 0006-8241 2311-9284 |
| language | English |
| last_indexed | 2024-12-12T02:15:24Z |
| publishDate | 2018-06-01 |
| publisher | South African National Biodiversity Institut |
| record_format | Article |
| series | Bothalia: African Biodiversity & Conservation |
| spelling | doaj.art-1e77b4b5c5e24a7c903f074d6736240c2022-12-22T00:41:48ZengSouth African National Biodiversity InstitutBothalia: African Biodiversity & Conservation0006-82412311-92842018-06-01482e1e610.4102/abc.v48i2.22711934Who owns and is responsible for the elephant in the room? Management plans for free-roaming elephant in South AfricaAndrew C. Blackmore0Arie Trouwborst1Ezemvelo KwaZulu-Natal Wildlife, Pietermaritzburg, South Africa; School of Law, University of KwaZulu-NatalDepartment of European and International Public Law, Tilburg University, theIn 2008, South Africa adopted its ‘National Norms and Standards for the Management of Elephants in South Africa’. Concern has subsequently been raised as to whether these norms and standards apply to free-ranging elephant on land, which had not been enclosed with a fence with the express purpose of containing these animals and other game on the property. The application of these norms and standards pivots on whether the owner(s) of the property have taken possession of these animals in accordance with common law applicable to game, or have given effect to the provisions of the Game Theft Act. To address this concern, this article briefly explores the evolution of South African regulatory jurisprudence applicable to game, including elephant, and analyses the norms and standards in relation to international and national legislation and common law applying to elephants. The norms and standards are not applicable to unowned, free-roaming elephant. These norms and standards, therefore, do not fulfil their primary objective of uniform management of elephant across South Africa. This limitation of the norms and standards, therefore, needs to be considered when they are revised.https://abcjournal.org/index.php/abc/article/view/2271ElephantGameCommon LawManagement PlansMultilateral Environmental Agreements (MEAS)Norms and standardsOwnershipPublic Trust DoctrineRes nulliusWildlife |
| spellingShingle | Andrew C. Blackmore Arie Trouwborst Who owns and is responsible for the elephant in the room? Management plans for free-roaming elephant in South Africa Bothalia: African Biodiversity & Conservation Elephant Game Common Law Management Plans Multilateral Environmental Agreements (MEAS) Norms and standards Ownership Public Trust Doctrine Res nullius Wildlife |
| title | Who owns and is responsible for the elephant in the room? Management plans for free-roaming elephant in South Africa |
| title_full | Who owns and is responsible for the elephant in the room? Management plans for free-roaming elephant in South Africa |
| title_fullStr | Who owns and is responsible for the elephant in the room? Management plans for free-roaming elephant in South Africa |
| title_full_unstemmed | Who owns and is responsible for the elephant in the room? Management plans for free-roaming elephant in South Africa |
| title_short | Who owns and is responsible for the elephant in the room? Management plans for free-roaming elephant in South Africa |
| title_sort | who owns and is responsible for the elephant in the room management plans for free roaming elephant in south africa |
| topic | Elephant Game Common Law Management Plans Multilateral Environmental Agreements (MEAS) Norms and standards Ownership Public Trust Doctrine Res nullius Wildlife |
| url | https://abcjournal.org/index.php/abc/article/view/2271 |
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