African Wildlife & Environment Issue 82

& ENVIRONMENT

ISSUE 82 (2022)

A tribute to ANTON MZIMBA

The corruption of our ENVIRONMENTAL LAW

A message from our CEO

THE MAGAZINE OF THE WILDLIFE AND ENVIRONMENT SOCIETY OF SOUTH AFRICA

CONTENTS

The content below is hyperlinked to the article Just click and read

1 Editorial 2 Message from our CEO 3 Good reads FWF Newsletter 7 Ford Wildlife Foundation Newsletter 3 (2022) Conservation 11 The corruption of our environmental law 14 Namibia's first GOSCARs Fauna, Flora & Wildlife 17 A tribute to Anton Mzimba 23 Frog art 26 An update on the Bat Hawk Cam Project in Mpumalanga 29 Foraging the Barley Sugar Plant from the veld 32 Why do Acacia karroo have such devilish spines

Namibia's first GOSCARs

A tribute to Anton Mzimba

Gardening for Biodiversity 36 A rhapsody in blue Birding 44 Our three smaller South African Parrots Nature Notes 51 Nature's changing rivers 55 How wetlands change 57 People and water 59 Magical Lake Funduzi 60 Puzzles 62 Mighty magical rivers 64 Wetland birds Subscriptions / General 66 WESSA membership 67 Leaving a legacy 68 Region, area office, branch & centre contacts 69 Publication details

Foraging the Barley sugar plant

A rhapsody in blue

Copyright © African Wildlife & Environment. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted, in any form or by and means, electronic or mechanical without the prior written permission of the publisher. African Wildlife & Environment retains the right to make alterations to any material submitted. The publisher, while exercising due care, cannot be held responsible for any loss or damage to material submitted. The views expressed in this magazine do not necessarily reflect those of WESSA. Copyright on all content belongs toWESSA and the individual contributors.

Cover photograph: Helena Atkinson

GENERAL

The saying that “it's an ill wind that blows nobody any good” shows that even a bad situation must have good results for at least some. In our case the providers of solar systems cannot keep up with the demand, and there are shortages of solar panels, inverters and batteries. People are paying anything between R100,000 and R200,000 for rooftop solar installations that get them partially off the grid, and are well able to cope with load-shedding. Looking at the cost of motor vehicles these days, you can’t buy a decent chariot for under R200,000, so the idea of keeping your car for a bit longer and investing in a solar system is not a bad idea. Many of the banks are now providing finance plans for solar as well. All our readers will surely join me in welcoming our new CEO, Helena Atkinson.With a sound track record in conservation, Helena is also an outstanding wildlife photographer (just look at the cover!) and has a good grasp of what is needed to guide WESSA as the society approaches its one hundredth anniversary in 2026. Helena has agreed to provide regular feedback to members, and her first column appears on page 2. She writes that “ WESSA has long been the place for people who care about the environment to get together and take action around local conservation issues”. Long may that be the case, while at higher levels WESSA will tackle major issues such as the threats to our biodiversity that are happening with the running-down and neglect of provincial nature reserves. Recent revelations about the situation at KZN Ezemvelo indicate just how badly these once great reserves have deteriorated. Ndumo is one such sad story, while rhino poaching in the Hluhluwe iMfolozi has been relentless. EDITORIAL As South Africa struggles to recover from the terrible Covid-19 years of 2020 and 2021, this year (2022) has seen a number of setbacks that sap our optimism and make life challenging. Foremost of these has been the unreliable electricity supply from Eskom, with load shedding disrupting lives in so many different ways.

Dr John Ledger

The GOSCAR awards have been created in the memory of one of the founders and pioneers of community-based natural resource management (CBNRM) in southern Africa, Garth Owen-Smith. Four Namibians, all humble, hard-working, boots on-the-ground conservationists, as Garth himself was, have been recognised and rewarded for their dedication and commitment.This very thoughtful and appropriate recognition of community conservation practitioners is exactly how Garth would want to be remembered. Read the story on page 14. On a very sad note, Bryan Havemann pays tribute to the life of Anton Mzimba, Head of Ranger Services at the Timbavati Private Nature Reserve. In July he was assassinated, most likely at the behest of the criminal syndicates that control the rhino poaching and rhino horn trade in the area. Despite receiving death threats, Anton was steadfast in his battle against rhino poachers and resilient to bribery and corruption that would have tempted lesser men. For this he paid the ultimate price. There is much more to read in this issue of the magazine, from Prof Anthony Turton’s article about the corruption of our environmental law on page 11, to Eugene Moll’s thoughts on why some Acacias have such devilish thorns on page 32, to Charles and Julia Botha’s ‘Rhapsody in Blue’ on page 36. We also review a splendid book on the Amaryllis family, so the botanically inclined readers have a lot to savour! There is a big section for our younger readers, and a lot more besides. Your editorial team hopes you will enjoy this issue.

Dr John Ledger Consulting Editor john.ledger@wol.co.za 083 650 1768

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GENERAL

MESSAGE FROMOUR CEO Someone recently asked me if I believe there is still value in people joining societies and in civil society acting in small organized local groups. I could without a doubt answer yes – now more than ever. It is what makes me so proud to be the newly appointed CEO of WESSA. WESSA has long been the place for people who care about the environment to get together and take action around local conservation issues. It is in fact our origin story as well.

take WESSA to our 100-year celebration and beyond and have a significant impact on the climate crisis, biodiversity conservation and pollution of our water and land. We also looked at what makes WESSA unique. It is apparent that it is our history of and current citizen action, our access to a network of young people, and WESSA being a trusted voice and an excellent project implementer. We want to once again become visible as a critical partner of government, willing to offer support and encouragement but also ready to criticise where necessary. Our driving principle is advocacy, helping influence high-level environmental policy-making, followed up with close monitoring and compliance work, fitting for the troubled times and environmental crises we are in the midst of. All WESSA programmes, projects and involvements are guided by this thinking. Our core goals include the ability to plan environmental interventions on an impactful scale in conjunction with partners where necessary, overcoming the constraints of short-term project scope and funding. Programmes will be clearly defined so that mission drift does not distract us from our objectives. We will have the ability to bid for high-value, long-term global grants based on our experience and good standing. We will build our fundraising competency with a well-resourced strategy to unlock funding for key issues as per our focus areas. We will look to create opportunities for membership volunteer projects that will amplify the voice and impact of our supporter groups on the ground. We now have a new, yet practicable model for value creation – ‘a roadmap to the healthy, sustainably managed planet we want and need; and the WESSA that will get us there’. Finally, we will have practical strategies for operationalising the model and constantly monitoring and evaluating progress. WESSA will stay steadfast in its convictions about where our focus needs to be. We need to avoid being pushed by funders into simply implementing their agenda. We will have to be innovative around where our funding comes from and realise that a substantial investment to kick-start this will be necessary. We need to chase less and attract more. We will have a renewed focus on an advocacy model of ‘Educate, Advocate and Act’. We need to continue working towards solving the problems associated with the climate crisis, reducing the speed at which we are losing habitat and biodiversity and holding accountable those that pollute our water and terrestrial systems. We are the last generation that can turn it around. We must proceed with care, self reflection, and an openness to learning and change, as the foundations for offering solutions that take wildlife, human and broader environmental needs into account.

When WESSA has its centenary celebration in 2026, we will look back on how we have stood the test of time because of our history and the work that has been done over the last 100 years, but also because when we needed to, we adapted to the changing world around us. The number of people who signed up and paid for membership have dwindled in the last few years. This of course always sparks conversation at WESSA about whether we should try and revive the numbers of people signing up for membership. With our centenary celebration coming up, we have reflected deeply on theWESSA we currently are and the WESSA we need to become. Over the last 20 months we have taken stock, consulted with stakeholders and strategy experts and crafted a strategy that will

Helena Atkinson CEO | WESSA

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GOOD READS

Book reviews by Dr John Ledger GOOD READS

of brunsvigias, haemanthus or nerines, where, just a week earlier, the ground seemed barren and lifeless. This superb field guide will be treasured for years to come.” Indeed! This quote from the outside back cover should make the reader think that this is a very special book. A look inside will confirm that to be so. I don’t think I have ever seen a book with the variety of colour and the breadth of content as this one. It is an incredible piece of work, setting a high standard in the already remarkable genre of quality natural history books and field guides produced in South Africa. While classified as a ’soft cover’ book, the covers are actually quite stiff and durable with flaps front and back, containing biographical information about the authors. There is even an old-fashioned custom ribbon bookmark sewn into the spine to help you find your place! Design, production and scanning were done in South Africa, and the book was printed in Malaysia. Lead author Graham Duncan has been the Curator of the indigenous bulb collections at the Kirstenbosch Botanical Garden for the past 41 years. He is the author of numerous scientific papers, books and popular articles. In 2001 he was awarded the International Bulb Society’s Herbert Medal. “His horticultural skills are unparalleled, his knowledge of plants is unsurpassed. A reliable researcher, Graham is undaunted by the most challenging of obstacles, and has described more than 40 plant taxa.” The late Barbara Jeppe (1921-1999) first conceived the idea of a comprehensive book on the Amaryllis family in 1971, and through the ensuing 28 years until her death, she and her eager team of collectors, enthusiasts, botanists, scientists, farmers, friends and family, all contributed in their own way to the book that has now been published for the numerous readers who will get unrivalled pleasure, inspiration and information from its pages. Numerous examples of Barbara’s watercolour paintings are used in the species descriptions. Leigh Voigt is a talented South African artist who has published her work as natural history prints, illustrations in books and magazines, her subjects ranging from Nguni cattle to trees, birds and portraits. She has provided the watercolour artwork for the species descriptions where there were gaps in the coverage by Barbara Jeppe. Leigh also marshalled the large army of 162 individual

An Exquisite BotanicalWork Duncan, Graham, Barbara Jeppe & Leigh Voigt (2020). Field Guide to the Amaryllis Family of Southern Africa and Surrounding Territories. The Galley Press, Nelspruit, South Africa. Soft cover, 15 x 22 cm, 548 pp, illustrated in colour throughout with photographs, paintings and maps. ISBN 978-0-62088 -591-1. Marketed by Struik Nature, an imprint of Penguin Random House South Africa (Pty) Ltd, Cape Town. RRP R480. “Bulbs have within them the hidden reserves to remain out of sight during adversity, and emerge swiftly when conditions are favourable. Triggered by initial rains, or sudden fires, the flowerheads emerge with all their character and allure. Enticing a pollinator and liberating the seeds, the bulbs retire to slumber and re-energise, primed for an upcoming season, a cycle so intricate as to match that of the universe itself. We can only marvel at their complexity as we behold a field

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GOOD READS

Paging through the book, one finds various gems that add an extra dimension to your understanding of this amazing group of plants. For example, on the pages titled ‘What’s in a genus name’ we learn that Amaryllis was a beautiful Roman shepherdess, mentioned in the classical mythology of Ovid,Theocritus and Virgil. Brunsvigia is the Latinised name in tribute to German aristocrat Duke Karl Wilhelm Ferdinand of Brunschweig-Wolfenbüttel (1735-1806). Several short introductory chapters set out the background to the Amaryllis family, including ‘Conservation’, ‘Biogeography’ , ‘Survival strategies’ and ‘How to use this book’. The field guide is divided into ten vegetation biome chapters (plus another for ‘widespread’). Biome maps are provided for each species to enable the readers to roughly position themselves within the biome in which an amaryllid is seen. Each chapter provides an introduction to the biome, with the relevant biome map. A species or subspecies is placed in the biome in which it most frequently occurs, and thus is mostly likely to be seen; wherever it is present in more than one biome, these are referred to beneath each species or subspecies distribution map. In each chapter, similar species or subspecies are placed adjacent to one another to allow for easy comparison and identification. Where possible, each of the 265 species or subspecies descriptions is accompanied by a habitat image, photographs of the flowers and leaves and sometimes fruits or seeds, and a distribution map. Common names (where applicable) are given in a variety of South African languages. Thereafter a summarised description is given of traits, flowering period, distribution, habitat and life cycle. Where known, pollinators, medicinal uses and poisonous properties are given, as well as notes on conservation status and cultivation. Sadly, the Amaryllis family is under conservation pressure, and in his Foreword John Rourke, Past President of the Botanical Society of South Africa, pulls no punches. “Today, the natural world is under siege. Nothing characterises the state of change in the earth’s terrestrial ecosystems so much as the two dark forces of uncontrolled population growth and exponential habitat destruction, with all their ruinous peripheral effects.”

Clivia miniata (Photograph: John Wesson)

photographers whose work forms the glorious, colourful substance of the book. Pages 3 and 4 are dedicated to an appreciation of their work- all are named and there are eight thumbnail images of photographers in the field, in various awkward positions while grabbing their shots. The images of plants in the field are especially valuable, because one can see their natural habitats and surroundings. Although numerous species of the Amaryllis family are grown in gardens and plant collections, and images of their flowers can be taken there, they lack the authenticity of the real thing in the wild. Some of the images are simply breathtaking: on pages 64 and the spread on 66-67, the gorgeous pink flowerheads of Brunsvigia bosmaniae cover a wide area of otherwise barren ground near Nieuwoudtville in the Northern Cape; on the spread across pages 358-359 we see a barren, bone-dry pan near Maltahöhe, Namibia. On the following spread is the pan after the rains, covered in a dense carpet of flowering Crinum paludosum. Astonishing images are the order of the day in this book, made all the more remarkable by the fact that the photographer had to be in the right place at the right time to record the brief flowering period in the plants’ lifestyles.

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been embossed so that you can actually feel the scales of the snake! So the first touch of this fine book gives an indication of the care that has gone into its compilation and production. First published in 1994, this third edition has been updated, revised and expanded. New information relating to behaviour, reproduction and snake venoms has been added to the species accounts. This detailed and comprehensive guide to the snakes of our region is a must-have for herpetologists, collectors, field guides, hikers, farmers and gardeners. The Foreword is provided by Professor David AWorrell, Emeritus Professor of Tropical Medicine at the University of Oxford. He writes: “Marais’ outstanding species descriptions provide invaluable information about vernacular names, favoured habitats, habits, similar species, hints on identification, dangers to man, and so on. The text is enlightened by some excellent photographic images, line drawings of head scales, useful size comparisons, and rigorously-updated distribution maps derived from resources such as the nine-year ‘Reptile Atlas Project’ that was chaired by the author. “…Johan Marais’ book…seems likely to become a classic of South African herpetology, maintaining the glorious tradition established by Andrew Smith,Vivian Fitzsimons, Donald Broadley and Bill Branch over the last 170 years.” The introductory chapters inform the reader about many aspects and some myths about snakes. Several valuable pages are devoted to the art of photographing snakes. ‘How to use this book’ does precisely that; then follow 'Biology and Behaviour’, ‘Classification and Relationships’, ‘Snakebite’ and ‘Snakes in Captivity’. All this takes up the first 55 pages of the book, and then we get to the species descriptions, which are arranged into five groups:Adders or Vipers; Mambas Cobras and their Relatives; Back-fanged and Other Venomous Snakes; Fangless and Non-venomous Snakes and Blind and Thread Snakes. The species descriptions that follow are laid out in a systematic way, over two or three pages per species, and make it easy for the reader to get a lot of information about a particular snake. Let’s take the notorious Puff Adder, which was

“Avaricious collectors have also illegally devastated wild populations, increasingly so in our times…. Many of our amaryllids produce enormous bulbs that are surprisingly long-lived, notably the larger Brunsvigia species among others. These huge bulbs are venerable old-timers, often over a century old, a fact appreciated by very few. Removing them from their habitat to satisfy a collector’s urge is usually a death sentence, in the same league as slaughtering a rhino or an elephant”. In the chapter on conservation, many of the other threats to this group of plants are noted. Primary among these is the destruction of natural habitats, from agriculture, urban development, mining and quarrying, waste dumping, alien vegetation, overgrazing and soil erosion. Large scale collection of bulbs for the medicinal plant trade has had a devastating effect on certain members of the genera Clivia and Crinum . For some species their only refuge is on privately owned land, and encouraging landowners to create conservancies is an important step in ensuring that future generations can see wild examples of the truly wondrous plants that are so well described in this outstanding book.

All About our Snakes

Marais, Johan (2022). A Complete Guide to Snakes of Southern Africa (Third Edition). Struik

Nature, an imprint of Penguin Random House South Africa (Pty) Ltd, Cape Town. Soft cover, 17 x 24 cm, 360 pp, illustrated in colour throughout with photographs, diagrams and maps. ISBN 978-1-77584 -747-2. RRP R450. Also available in Afrikaans. People who suffer from Ophidiophobia should not leave this book on a bedside table, because running one’s hand over the front cover in the dark will probably be life-threatening.The smirking Black Mamba looks bad enough, but the cover has

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GOOD READS

greatly feared on the farm where I grew up, and used to run around barefoot with my younger brother and our companions.We had a few close encounters with “puffies”, but none of us were ever bitten. Johan Marais tells us that the Puff Adder, Mozambique Spitting Cobra, Common Night Adder and Bibron’s Stiletto Snake accounts for most serious snakebites in South Africa. Back to the book: the first page of the Puff Adder entry has a photo of the whole snake, a panel on the right with HIGHLY VENOMOUS in red, a distribution map, a pictogram showing the size of the snake relative to a human, habitat, and nocturnal/ diurnal (or both). The description is followed by Behaviour (“A slow-moving, bad tempered and excitable snake that may hiss or puff when disturbed”), Food and Feeding, Reproduction, Danger to Humans, and Venom.The third page has a box with KEY FEATURES and another box called FIRST-AID PROCEDURES.

The book is a pleasure to use, the photographs are outstanding, and the whole package exudes the kind of quality that is the hallmark of the Struik Nature productions. This publication will be much appreciated by many who are interested in reptiles, and see snakes as part of the wonder of our living planet, rather than evil creatures that must be killed on sight. Regrettably, the latter view is rather prevalent in Africa, and this fine book could go a long way to make the world a safer place for snakes and humans.

THE WONDERS OF DESERT L IFE : A COMPELL ING, IN-DEPTH READ THE LIVING DESERTS OF SOUTHERN AFRICA Barry Lovegrove

A DEFINITIVE NEW EDITION OF A CLASSIC AVAILABLE AT LEADING BOOKSTORES NATIONWIDE & ONLINE

Join the Struik Nature Club for online talks and events, special offers, prizes and upcoming natural history publications: www.struiknatureclub.co.za

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FWF NEWSLETTER 3 (2022)

FORDWILDLIFE FOUNDATION Newsletter 3 (2022)

The conservation and preservation of the environment has become a major worldwide issue, dramatically changing the attitudes of consumers and the way large corporations do business. Against this background the Ford Wildlife Foundation (FWF) was announced in September 2014, funded by the Ford Motor Company of Southern Africa and supported by its nationwide network of Ford Dealers. The FWF supports environmental education, research and conservation projects in mainly Southern Africa. The Ford Ranger is used to enable the projects to go further and make a real impact in the communities in which they operate. For further information on the FWF, please email wildlife@ford.com.

8. Sea Search Research and Conservation Project - Sea Search Research and Conservation 9. Leopard Research Project - Cape Leopard Trust 10. Cheetah Metapopulation Project - Endangered Wildlife Trust 11. Black Rhino Range Expansion Project -World Wildlife Fund (WWF-SA) 12. Coral Reef Programme - Oceanographic Research Institute 13. SA Cranes,Wetlands and Communities Project - EndangeredWildlife Trust 14. Threatened species projects, Landscape Conservation Programme – BirdLife SA 15. Ecology and conservation of vultures in southern Africa and impacts of changing land use - UKZN School of Life Sciences 16. Wildlife &Transport Project - Endangered Wildlife Trust 17. Behaviour and ecology of hippos and their ecological role in aquatic and terrestrial systems - UKZN School of Life Sciences 18. International Schools Programme -WESSA – Gauteng 19. Seabird Rehabilitation Support Project - SANCCOB – PE 20. Tourism Blue Flag -WESSA 21. Spatial Planning and Data Project – BirdLife SA 22. SomkhandaWildlife ACT Emergency Response - Wildlife ACT Fund Trust 23. The People in Conservation Programme – people thriving alongside wildlife - Endangered Wildlife Trust 24. Drylands Conservation Programme - EndangeredWildlife Trust 25. Tourism Green Coast -WESSA 26. Cape Critical Rivers programme – Freshwater Research Centre 27. MozambiqueWildlife Alliance -Wildlife

LIST OF PROJECTS - NOVEMBER 2021

1. Threatened Amphibian Programme - Endangered Wildlife Trust 2. Capacity Development of LWS Community Outreach Programmes in Limpopo Province - LapalalaWilderness School 3. Mabula Ground Hornbill Project - MGHP 4. Critically Endangered Renosterveld Conservation Easement Programme - Overberg Renosterveld Conservation Trust 5. Southern African Foundation for the Conservation of Coastal Birds - SANCCOB 6. Carnivore Conservation Programme - EndangeredWildlife Trust 7. Establishment of a National Grassland Park in the Eastern Cape -WorldWildlife Fund (WWF - SA)

Veterinary and HumanWildlife Conflict mitigation interventions in Mozambique

SHORT-TERM LOAN VEHICLE

Southern Mozambique Sea Turtle Research Project (Supported annually for six weeks with a loan Ford Ranger) - Pierre Lombard

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WESSA LEADERSHIP FWF NE SLETT R 3 (2022)

Eastern Cape Grasslands National Park PROJECT BIOBLITZ

that allows those who live here to continue to benefit economically from their land. SANParks has been working on this project for several years with WWF South Africa and others.The intention is to establish partnerships with landowners to support the continued management and protection of the natural assets that are in their care. WWF uses a Ford Ranger for travel throughout the area. Landowners will retain the rights to their land and SANParks and its partners will work with them to help them protect the biodiversity on the land. This will be achieved on private and communal land on a voluntary basis through suitable contractual agreements, as well as the provision of benefits (such as tax breaks) to landowners. The landowners will still be able to generate income through conservation compatible activities. Following the February

Malachite Sunbird on red-hot pokers (Photograph: Angus Burns, WWF South Africa)

2022 bioblitz, many of the scientists were excited about the undescribed and unique species they were finding, and were eager to return for follow-up studies as the park project progresses. The birders saw huge potential for high-altitude avitourism here. Scientists also flagged issues that need to be addressed to enhance the condition of the veld and biodiversity in the area.The iNaturalist app, which is championed by the South African National Biodiversity Institute (SANBI), had already garnered information about some 1 382, species (predominantly plants) in the project area. Ongoing formal stakeholder consultations are currently underway as part of the push towards creating South Africa’s newest national park for the benefit of generations to come.

In February 2022, a group of scientists from some 20 organisations with specialist knowledge gathered in the little village of Rhodes. Their mission? To do a ‘bioblitz’ to record all living species in an area earmarked for the creation of a new grasslands national park around the famous Naudé’s Nek Pass (2 592m above sea level). Grasslands are under-protected in South Africa despite being vitally important for biodiversity, climate, water and agriculture. The grasslands of the Eastern Cape Drakensberg Strategic Water Source Area are one of 22 strategic water source areas around the country that encompass only 10% of the land surface area, but provide some 50% of our freshwater. This will not be a park where new fences will go up and people and their livestock will be removed but, a park within a working agricultural landscape

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WESSA LEADERSHIP FWF NE SLETT R 3 (2022)

The FWF has extended its support for the Southern African Foundation for the Conservation of Coastal Birds (SANCCOB) in Gqeberha by contributing R50 000 towards its latest African Penguin rescue and rehabilitation efforts. In March 2022 severe weather systems across Algoa Bay resulted in penguins abandoning their nests, many which were either destroyed or under water, and their chicks would have died if not for the emergency rescue efforts to retrieve them by SANCCOB. This large admission of more than 100 chicks incurred significant additional expenses for SANCCOB to feed, medicate and rehabilitate them to the point where they can be returned to their colony. It costs around R8 400 per day to care for and feed the 105 chicks currently at their centre. Algoa Bay is a marine biodiversity hotspot, and its seabird breeding islands fall within the declared Addo Marine Protected Area (MPA). The St Croix and Bird Islands together account for more than 45 percent of the total African Penguin population in South Africa and are of crucial importance to the survival of this iconic and endangered species. Bird Island is also home to the world’s largest colony of Cape Gannets. “We contributed R50 000 to SANCCOB’s Save the African Penguin project in October last year, and are making a further R50 000 contribution this year to support the organisation’s latest rescue and rehabilitation project,” says Lynda du Plessis, Manager of the Ford Wildlife Foundation. “The population is already impacted by a shortage of their traditional fish stocks, as well as oil spillages and noise pollution from the busy shipping lanes in the bay. “The contribution to the rescue project bolsters our support for SANCCOB Gqeberha, along with the loan Ford Ranger Double Cab 4x4 which enables the team to rescue and transport penguins and seabirds across the Eastern Cape. We also provide a loan Ford Ranger to the SANCCOB centre in Cape Town,” du Plessis adds. FordWildlife Foundation Contributes to SANCCOB Penguin Rescue Project

The Gqeberha Centre is based in the 366 hectare Cape Recife Nature Reserve on Marine Drive near Summerstrand. The facility is open to the public, and provides educational tours and popular daily feeds for the penguins. Along with a new rehabilitation pool, the facility is equipped with a seabird hospital with a surgical theatre and intensive care unit (ICU).

For more information on this project, visit www. sanccob.co.za/save-the-african-penguin/.

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making a difference For As the Ford Wildlife Foundation we are proud to assist, support and celebrate those who protect South Africa’s rich biodiversity. From enabling our partners to reach remote locations with our Ford Rangers to supplying them with protective face shields, we’ll continue to help those who make a positive contribution to this beautiful country.

#ForSouthAfrica 8025297N_E

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8025297N_WILDLIFE_PRINT_275x215mm_APR_FA.indd 1

20 2/06/07 12:0

CONSERVATION

The Corruption of our Environmental Law AN EXAMPLE FROM TWO RIVERS IN KZN

The Zondo Commission of Enquiry has shown the extent to which corrupt practices have become part of the way that government operates in South Africa. This shocking situation has many ramifications. Just one set of these involves the

Dr Anthony Turton

ecological status of our rivers. This article focuses on the intention of the National Water Act (NWA) insofar as it is applicable to authorization for sand mining in our rivers, by referring to Case Numbers 14236/14 and 14621/14 that came before the Durban High Court in 2015. These cases were between KwaZulu Bulk Logistics (CC) (Applicant) and the Minister of Water and Environmental Affairs (First Respondent) and the Judicial Services Commission (Second Respondent).

These two cases were triggered by a formal complaint that was lodged by Umgeni Water when the operators at the Umvoti Treatment Plant (WTP) reported that the river had allegedly been diverted by sand mining operations upstream of the plant. Fearful of potential mass protest from the residents of the iLembe District, this complaint triggered a raid by the Blue Scorpions. During this raid, formal notification was given to a sandmining operator with a legal mining right downstream of the WTP, to cease all operations. This was done by means of a Section 53 shutdown of all operations, signed by Mr Ashley Starkey, the Provincial Head of the Department of Water and Sanitation on13 November 2014. It must be noted than many

The extent of mining along the riparian zone of the Umvoti River on 23 Agust 2013 is clearly evident in Google Earth images. This resulted in a Section 53 shutdown citing Section 21 (c) and (i) of the National Water Act

that amended the General Authorization in terms of Section 39 of the NWA found in GN 1199 (published 18 December 2009). In terms of this new GN (2015), Sections 21(c) and (i) were clarified as follows: • “altering the bed, banks, course or characteristics of a watercourse” means any change affecting the resource quality within the extent of the watercourse. • “resource quality characteristics” means the quality of all the aspects of a water resource including the quantity, patterns, timing and instream flow; the physical, chemical and

illegal operators were also active along the river, both upstream and downstream of the Umvoti WTP, but they were not raided. As far as can be determined, the only operation that was shut down was Adeel Sands (CC), which was the legal mining rights holder, even as the case was brought against KwaZulu Bulk Logistics, owned by the same investors, but acting only as a provider of transport and machinery. Central to the shutdown of Adeel Sands, was a Government Notice (GN) published on 1 April 2015

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CONSERVATION

biological characteristics of the water; the character and condition of the instream and riparian habitat; and the characteristics, condition and distribution of the aquatic biota. • “extent of the watercourse (regulated area)” means “within the outer edge of the 1:100 year flood line, or delineated riparian area as measured from the middle of the watercourse, or within a 500m radius from the boundary of any wetland”. • “boundary of a wetland” is defined as the “outer edge of the seasonal or temporary zone as delineated for the wetland”. • “diverting the flow” means a temporary or permanent structure causing the flow of water to be rerouted within the extent of the watercourse (as defined above) for any purpose. • “impeding the flow” means the temporary or permanent obstruction or hindrance to the flow of water within the extent of a watercourse by a structure built either partially or fully in or across a watercourse. In addition to this, Paragraph 7.3(b) states that structures used to divert or alter flow may not be unstable in their design. Paragraph 7.4(c) states that scouring, erosion and sedimentation is not permitted, while in terms of (d) there may be no

decline in the diversity of communities and the composition of natural vegetation. Paragraph 7.5 expressly forbids any activity that alters the velocity, pattern of flow and water level. Paragraph 7.7 expressly forbids any activity that will result in a measurable detrimental change to (a) breeding and feeding patterns of biota; (b) create a change in the diversity of biotopes and communities including microorganisms; and (c) change in the condition of the aquatic biota. Paragraph 10.1 states that any water use contemplated in terms of this GN, must be registered. This framework was central to the ensuing litigation, first attempted through the Water Tribunal, and then later in the Durban High Court by virtue of the fact that the Tribunal was dysfunctional at the time. The outcome of the litigation was that the Applicant (Adeel Sands) was not allowed to operate because their activities contravened Section 21 (c) and (i) of the NWA. After this ruling, illegal miners have moved onto the mining right still owned by Adeel Sands, who have now been rendered powerless to defend their legal mining right. The implications of this Section 53 shutdown are profound. For example, no improvement has occurred in terms of environmental management of the Umvoti River, because the legal mining rights holder has merely been replaced by an illegal miner,

who apparently operates with impunity. More importantly, major companies purchasing the sand for use in concrete products, often listed on the Johannesburg Stock Exchange (JSE), are supporting unlawful mining that results in the destruction of aquatic ecosystems in direct contravention of the stated intention of the NWA. This places those companies at risk of JSE regulatory intervention for benefitting from the proceeds of crime. However, the Umvoti River case is in direct contrast to the uMzimkhulu River, where industrial scale mining operations continue with apparent impunity. The operations on the uMzimkhulu contravene every aspect of the 2015 GN cited above. There is a clear trail of forensic evidence of these contraventions that has been presented to DWS, yet they fail to act in the same way as they did in the case of Adeel Sands. This means one of two things. Either Adeel Sands was unfairly dealt with when their operation was subjected to a Section 53 shut down – without first

An excavator removing sand from the bottom of the Umvoti River

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The extent of mining along the riparian zone of the Umvoti River on 23 Agust 2013 is clearly evident in Google Earth images. This resulted in a Section 53 shutdown citing Section 21 (c) and (i) of the National Water Act

engaging in a compliance monitoring programme – from which the company was unable to recover financially; or the sand miners on the uMzimkhulu are being “protected” from Section 21 of the NWA through some form of agreement between the mining operator and the local authority. In either option, there is a miscarriage of justice, and in both there is a hint that the environmental laws are being selectively used as a weapon to either punish a party unwilling to engage in a corrupt practice, or to benefit from such a practice. In the case of the uMzimkhulu, there is empirical evidence of the construction of multiple structures that visibly alter the bed, bank and flow of the river. In all cases the structures have been structurally unsound in direct contravention of the 2015 GN. In all cases habitat and biotopes have been measurably altered, and banks have been eroded as a direct result of the redirected flow of the water. In spite of this forensic evidence, the mining operation on the uMzimkhulu continues with impunity, while every attempt made by Adeel Sands to comply, while still remaining a viable business, was rejected by DWS.

This is a case where the law is applied selectively in two different river basins. More importantly, even when the law was applied on the Umvoti River, it was only applied to selective legal operators, leaving illegal miners free to continue their activities, and eventually expand onto the site vacated by Adeel Sands. In the uMzimkulu case, mining activity within the wetland and riparian zone has been captured by Google Earth, so the extent of those activities are now a matter of record. Despite this body of evidence, no Section 53 shutdown notice has been issued, and the mining operator is free to destroy the benthic habitat in the estuary of South Africa’s last free-flowing river of any great significance.

Prof Anthony Turton Centre for Environmental Management

University of the Free State tony@anthonyturton.com

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CONSERVATION

Namibia’s First GOSCARs Launched with Four Winners

The life’s work of Namibian community conservation pioneer Garth Owen-Smith was remembered and honoured in April when four conservancy field workers from the Zambezi and Kunene Regions received Namibia’s first annual GOSCARs – the Grass-Roots Owen-Smith Community Rangers Awards.

received a certificate and a cash prize to share with their conservancies. The total value of this year’s GOSCARs is N$100 000. The late Garth Owen-Smith initiated community based conservation in Kunene in the 1980s when this approach – empowering communities who live with wildlife to manage and benefit from it – was politically unacceptable. By independence, this way of doing conservation was showing irrefutably positive results, with poaching stopped and wildlife numbers increasing in Kunene, which led the new Namibian government to adopt community conservation as one of its driving philosophies. Conservation legislation was amended to give communal area dwellers the same conditional rights over wildlife that freehold farm owners had enjoyed since the 70s. Today Namibia has 86 communal conservancies, 43 communal forests, one community association for people who live inside the Bwabwata National Park, and 10 community fish reserves. By the end of 2020 community conservation had contributed an estimated N$ 10.753 billion to Namibia’s net national income. In 2019 (prior to COVID-19), conservancy residents earned a total cash income of N$85 097 978 and conservancies generated N$155 656 833 in returns, with more than 5 000 rural jobs facilitated. Community conservation covers 180 083 square kilometres – more than 20% of the country. Wildlife species have thrived in conservancies, although the 10-year drought in Kunene Region caused both domestic stock and wild animal numbers to seriously decline. Recent good rains bode well for recoveries. Dr Margie Jacobsohn, chair of the GOSCARs panel and Garth’s life and work partner said that the awards were set up to celebrate his 40-plus years of work in Namibia and draw attention to the men and women who work in the field, on the cutting edge of conservation.

Garth Owen-Smith (Photograph: John Ledger)

The award ceremony took place at Wêreldsend Environmental Centre on 7 April 2022, attended by more than 80 conservancy and community leaders, plus representatives of non-governmental organisations (NGOs), private sector and government. The winners are: Hans Haoseb, a rhino ranger in //Huab Conservancy, Thalubengwa James Nandu, field officer for Salambala Conservancy, Rodney Tjavara, Human-Lion Conflict Rapid Response Ranger in Puros Conservancy and Marthinus Sanib, rhino ranger for Torra Conservancy. They were recognized for their outstanding front-line work, contributing to the protection and better management of the valuable wildlife in their conservancies. The awardees

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CONSERVATION

FURTHER INFORMATIONABOUT WINNERS Hans Haoseb, rhino ranger for //Huab Conservancy, Kunene Region

“Each of these first winners embody what Garth spent his life promoting: local skills developed and put to work at field level, long-term dedication and commitment. GOSCARs winners spend much of their time on foot in difficult terrain and uncomfortable circumstances, to protect and better manage wildlife for the benefit of conservancy members now and in the future. “The winners hold positions of trust and responsibility and are passing on their knowledge to younger generations. Each of them is a humble man, as was Garth, and they show that an ordinary local person can perform extraordinary work for conservation.” Dr Jacobsohn was founding co-director, with Garth Owen-Smith, of Namibia’s largest field-based NGO – Integrated Rural Development and Nature Conservation (IRDNC) and a founding member of NACSO – the Namibian Association of CBNRM Support Organisations. In their time the couple won some of the world’s top conservation awards; subsequently many other Namibians working in the community-conservation field have received international and local awards for outstanding work. The GOSCARs panel includes the Hon Beaven Munali, former IRDNC Assistant Director and retired Chairman of the Zambezi Regional Council, and Ronnie Dempers, chairman of NACSO and Executive Director of the Namibian Development Trust. The GOSCARs fund is being managed at no cost by the Namibian Chamber of Environment. The award ceremony was also a memorial for Garth who died in April 2020, aged 76, and who is buried at Wêreldsend, Dr Jacobsohn said. Sons Tuareg and Kyle Owen-Smith, brother and sister in-law Professor Norman and Margie Owen-Smith were able to visit the grave for the first time, now that COVID travel restrictions over the past two years have been lifted. Many community and conservancy members who were unable to pay their respects at the funeral for the same reason, used this opportunity to visitWêreldsend. Nominations for the 2023 GOSCARs are open. Nominees must work for a community-based organisation and the focus is on field workers: conservancy game guards, conservancy lion or rhino rangers, fish guards or community resource monitors. Government, NGO or private sector staff are welcome to nominate worthy candidates but are not themselves eligible.

Hans Haoseb

Hans has been a part of his conservancy for more than 20 years, starting as a community game guard. Today he is one of the most experienced conservancy rhino trackers in Namibia. Working in the mountainous areas of his conservancy, he spends much of his time tracking rhino on foot in rocky and difficult terrain, often going out for much longer than his job requires.While his focus is rhino, Hans cares deeply about all wildlife and natural ecosystems. He takes new rhino rangers under his wing and ensures that his wealth of knowledge is passed on. His nominators believe few can match his dedication and commitment.

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CONSERVATION

Thalubengwa James Nandu, Field Officer for Salambala Conservancy, Zambezi Region James started his conservation career as a community game guard in 2008. Active, fit and always at the forefront of Salambala conservation work, he was soon promoted to Senior Ranger. He has put his leadership and communication skills to good use in his current role as Field Officer, in which he is responsible for all game guards. James is a long term member of the CECT/Salambala/Bamunu Transboundary forum responsible for wildlife crime awareness in Namibia and Botswana and was recently elected as its vice chairperson. He is a member of Bukalo Traditional Authority, always bringing his commitment and dedication to conservation into this forum. Rodney Tjavara, Human-Lion Conflict Rapid Response Ranger in Puros Conservanc

in lion identification and ecology, safely approaching lions in the field, monitoring the Early Warning systems, collaring and translocations. Now stationed near-permanently at Leyland’s Drift in the Hoarusib River, he takes primary responsibility for limiting conflict between Puros farmers and the newly identified coastal-roaming lions. Knowledgeable, trusted and dedicated, Rodney works erratic hours, day and night, often alone, in remote areas. Mathinus Sanib, Rhino Ranger for Torra Conservancy, Kunene region Since joining the conservancy rhino ranger program in 2017, Marthinus has led or finished in the top three for nearly all performance areas, including number of field days, km walked and verified rhino sightings. In 2020 he broke records with his 432 verified (date and time stamped photographs) sightings of rhino, producing some top rhino images. About a third of his time is spent on rhino tourism and he has thus contributed to substantial income for Torra, enabling this conservancy to employ 15 rangers, which is no doubt a key factor in Torra’s zero poaching status. A soft-spoken and humble man, Marthinus is a role model among conservancy rhino rangers and within his community. The annual GOSCARs have been made possible by generous contributions from Namibians and international friends and colleagues to an Owen Smith memorial fund. Donations in the weeks after Garth’s death ranged from N$20 from a Himba man in Opuwo to N$1million from a family who were both donors and friends of Garth and Margie. 2023 NOMINATIONS: Please submit your nominations to the Namibian Chamber of Environment. Note that nominees must work for a Namibian community-based organisation: a communal conservancy, a community forest, resident’s trust or community fish reserve. NGO, private sector and government workers are not eligible but in good positions to nominate community staff with whom they engage. Nominations should be sent to the NCE before the end of 2022: Email: admin@n-c-e.org Postal: PO Box 40723,Ausspannplatz, Windhoek Physical: 20 Nachtigal Street (off Trift Street), Ausspannplatz area,Windhoek Tel: (061) 240 140 Cell & SMS: 081 162 5807

Rodney Tjavara

Among the original Lion Rangers activated in 2014 due to drought-related predator problems, Rodney began as lion researcher Dr Flip Stander’s ‘boots on the ground’. He later put his valuable field experience to use, assisting IRDNC in training lion rangers across Puros, Sesfontein, Anabeb and Torra conservancies

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FAUNA, FLORA & WILDLIFE

A TRIBUTE TO ANTON MZIMBA

Bryan Havemann

man. In a management position, no matter where you are, you are only as strong as the staff who will be supporting you. In isolation, it is difficult to manage a reserve the size of Timbavati, and because of the This is one of the hardest articles I have ever had to write. A man who I worked with on the frontline, who was a mentor and a dear friend, has had his life cut short by murderous scum. Late one afternoon in July 2022, the head of ranger services from the Timbavati Private Nature Reserve, was at home with his wife and children. Some men entered his yard and spoke to his son asking for some water. Anton came to investigate the voices and was shot at point blank range in the chest. His wife who came to see what the commotion was, got shot twice in her stomach. This was all done in front of the children. The men then fled, leaving behind severely traumatised children and their mother who was bleeding and fearing the worst, after being shot.

Anton lay in the dirt with his life blood staining the soil red and not able to do anything, because he was dead. Just a minute earlier the Mzimba family was happy and content with a bright future. In an instant a giant of a man had been cut down by murderous cowards. Anton’s wife was hospitalised and has made a full recovery. In the fight against the poaching of rhino, which is run by crime syndicates, the corruption runs deep in both the private and government sectors. Anton Mzimba was an unshakeable barrier to poachers who had evil intentions. His integrity could never be questioned and his belief in what he was doing was without compromise. This was a problem to those who wanted to exploit field rangers who could be corrupted. Anton therefore had to pay the ultimate sacrifice for what he believed in, and was taken out. I first met Anton when I was appointed as the general manager/warden of the Timbavati Private Nature Reserve at the beginning of 2016. After that first handshake, after he had come to attention and saluted me first, I knew that here was a very special

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