A court ruling made today by the Northern Cape division of the High Court sitting in Kimberley might drastically impact rhino conservation and help fight rhino poaching in South Africa with supporters saying the ruling ‘shifts profits from poachers to protectors’ where ethical horn trimming can fund wildlife protection.

In short, the court found exemptions recognised under Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) law are directly applicable within South Africa’s legal framework, allowing for the selling of rhino horn under specific circumstances.

A court application by Wicus Diedericks against the Northern Cape MEC for Agriculture, Environmental Affairs, Rural Development and Land Reform as well as the Minister of Forestry, Fisheries and the Environment, was brought after his application for permits to sell rhino horns internationally was denied.

Diedericks, the owner of a 33 000-acre conservation farm, stated that it costs him around R20m to feed and protect the rhinos on his farm, and that he was running out of money to do so.

He applied for permits to sell rhino horn outside of South Africa, claiming that the money made would be ploughed back into conservation and not be used for commercial gain. His application for permits was denied by the MEC in April 2023.

Diedericks argued that the exemption to sell rhino horn from white rhinos bred in captivity, was already included in Cites law.

The court found the government’s refusal to issue the rhino horn export permits unlawful and unconstitutional, affirmed that Cites exemptions are enforceable in South Africa, and penalised the respondents with a costs order for procedural overreach.

Following the ruling, the MEC has been ordered to reconsider the permit application and make a final decision within seven days. If the permit is refused again, the MEC must provide the applicant with full, written reasons for the decision.

In a letter about the ruling, Diedericks said, “This ruling unlocks millions in foreign revenue, supports community-led conservation, and shifts profits from poachers to protectors.”  

Department of Forestry, Fisheries and the Environment media liaison Thobile Zulu-Molobi said that the department notes the High Court judgement and will apply for leave to appeal.

*This article was amended after it was published.

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