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Endangered Species

Legal Framework

The following Acts and policies are fundamental to the functioning of the Endangered Species Desk, and the onus rests on individual members of the Desk and the respective Organized Crime units to familiarize themselves with the content of these Acts and policies and all other laws pertaining to their responsibilities. The mandate of the Desk and provincial investigations must be carried out within the framework of, and with due regard to:
  • The Constitution of the Republic of South Africa, 1996 (Act 108 of 1996)
  • The Criminal Procedure Act, 1977 (Act 51 of 1977)
  • The South African Police Service Act, 1995 - sections 16(1) and 16 (2) c) of Act 68 of 1995)
  • The Prevention of Organised Crime Act, 1998 (Act 121 of 1998)
  • National Environmental Management Act, 1988 (Act 7 of 1998)
  • National Environmental Management: Biodiversity Act, 2004 (Act 10 of 2004)
  • National Environmental Management: Protected Areas Act, (Act 57 of 2004)
  • National Heritage Resources Act, 1999 (Act 25 of 1999)
  • World Heritage Convention Act, 1999 (Act 49 of 1999)
  • Conservation of Agricultural Resources Act, 1983 (Act 43 of 1983)
  • National Water Act, 1998 (Act 36 of 1998)
  • National Forests Act, 1998 (Act 84 of 1998)
  • Sea Shore Act, 1935 (Act 21 of 1935)
  • National Veld and Forest Fire Act, 1998 (Act 101 of 1998)
  • Marine Living Resources Act, (Act 18 of 1998 )
  • Dumping at Sea Control Act, 1980 (Act 73 of 1980)
  • Marine Pollution (Control and Civil Liability)Act, 1981 (Act 6 of 1981)
  • Marine Pollution (Prevention of Pollution from Ships) Act, 1986 (Act 2 of 1986)
  • Environment Conservation Act, 1989 (Act 73 of 1989)
  • Atmospheric Pollution Prevention Act, 1965 (Act 45 of 1965)
  • National Environmental Management: Air Quality Act, 2004 (Act 39 of 2004)
  • Hazardous Substances Act, 1973 (Act 15 of 1973)
  • The Convention on the International Trade in Endangered Species of wild fauna and flora (CITES)
  • The Memorandum of Agreement between SAPS and other government departments and non-government departments as agreed upon from time to time
  • The National Heritage Resources Act, 1999 (Act No 25 of 1999)
  • The White Paper on Cultural Heritage
  • The Policy Document On The Activities Of The Detective Service with reference nr 3/1/5/1/155 dated 2002-11-13 as approved by the National Commissioner on 6 November 2002.
  • Circular IP 29/5/3 dated 1997-04-10 on The Arrest of Foreign Citizens In The Republic Of South Africa as signed by Divisional Commissioner M J Schoeman, National Detective Service.
  • Various provincial regulations regarding Nature Conservation
  • The Strategic Plan setting out Priorities and Objectives of the National Commissioner of the South African Police Service
  • Any relevant common law or statutory legislation
  • Any relevant national and international conventions and /or agreements

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ESU Role-players

  • The Department of Environmental Affairs and Tourism (DEAT)
  • The Department of Foreign Affairs (DFA)
  • Marine and Coastal Management (MCM)
  • South African National Parks (SANParks)
  • North West Parks and Tourism Board
  • Enzembvelo KwaZulu-Natal Parks
  • Free State Conservation Directorate
  • Limpopo Parks
  • Eastern Cape Conservation
  • Western Cape Nature Conservation
  • Gauteng Department of Nature Conservation
  • Department of Arts and Culture (DAC)
  • South African Heritage Resources Agency (SAHRA)
  • South African Museum Association (SAMA)
  • Interpol, NCB, Pretoria
  • Foreign law enforcement agencies
  • Various NGO’s

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