South Africa Resources
The role and feasibility of Marine Conservation Agreements in the Western Indian Ocean (pdf, 721k)
South Africa
Status: In-depth
An in-depth law and policy analysis that assessed the potential application of Marine Conservation Agreements (MCAs) in South Africa was undertaken in 2010 as part of a comparative analysis of countries bordering the Western Indian Ocean. The complete report with all references can be downloaded from the resource box on the right.
Quick Peek — MCA Implementation: The legal and political framework in South Africa is at present ill-suited to MCA implementation and this analysis was unable to find a single example of a functioning MCA. Read more below >>
Overview
South Africa's waters harbor about 15% of the world's marine species, a quarter of which are endemic to the country.1 Two thirds of South Africa's 34 marine biomes are threatened, with 12% critically endangered, 15% endangered and 38% classified as vulnerable .1,2 However, most of the more threatened marine ecosystems can be found along the country's west coast and are not considered part of the Western Indian Ocean region. Across the country's coastline, assessments for marine species have been a low priority and lag far behind those of terrestrial counterparts. Despite these constraints, South Africa has 5 MPAs within the WIO region, covering 6.5% of territorial waters.3
| Marine Protected Areas in the WIO region of South Africa | ||||
|---|---|---|---|---|
| Site | IUCN Category | Size (km2 ) | Date established | Governance type |
| Maputaland | IV | 408 | 1986 | Government |
| St Lucia | IV | 414 | 1979 | Government |
| Trafalgar | IV | 8.3 | 1979 | Government |
| iSimangaliso Wetland Park | -- | 2396 | 1999 | Government |
| Aliwal Shoal | IV | 124.74 | 2004 | Government |
Legal and Policy Framework
Mhlathuze River Estuary (Richards Bay) is one of South Africa's largest estuaries, home to a vast number of resident waterbirds and a magnet to migrant birds following the East Coast of Africa. Photo © University of Zululand
Since the establishment of democratic government in 1994, South Africa has rapidly and extensively reformed its political and legislative framework.1 Several aspects of the post-apartheid constitution relate to natural resources conservation, especially section 24, which gives everyone the right to a protected environment not harmful to well-being or health.4,5
The National Environmental Management Act (107 of 1998) is South Africa's overarching framework law for environmental management.2,4 The Act is founded on a number of modern principles including sustainable development, intergenerational equity, ecosystem-based management, integration, precaution, the polluter pays principle and the human right to a decent environment.6 Protected areas are established under the National Environmental Management: Protected Areas Act (57 of 2003) and the Marine Living Resources Act (18 of 1998) which additional provides for fisheries regulation.7 The table below summarizes key policy and legislation relating to the marine environment in South Africa.8
| Key policy and legislation relating to marine and coastal protection in South Africa | |
|---|---|
| Policy or Law | Relevance |
| Policies and Frameworks | |
| National Biodiversity Strategy and Action Plan (NBSAP) | Translates environmental policy goals into prioritized objectives and action plans for implementation |
| National Biodiversity Framework (NBF) | Sets out a consistent, coordinated and integrated approach to countrywide biodiversity management |
| Policy for Sustainable Coastal Development in South Africa (2000) | Promotes judicious management of marine resources and sustainable coastal development. |
| White Paper on the Conservation and Sustainable Use of South Africa's Biological Diversity (1997) | Emphasizes importance of biodiversity conservation in sustainable resource use |
| Legislation | |
| National Environmental Management Act (107 of 1998) (NEMA) | Overarching legal framework governing environmental management in South Africa |
| Biodiversity Act (10 of 2004) | Part of the National Environmental Management suite of legislation. It provides for the conservation and management of South Africa's biodiversity and ecosystems |
| Protected Areas Act (57 of 2003, amended 2005) | Part of the National Environmental Management suite of legislation. It provides the declaration and management of protected areas as well as for co-operative governance |
| Marine Living Resources Act (18 of 1998) | Establishes marine protected areas and provides for the conservation of marine ecosystems, and the sustainable utilization of marine living resources over the long term |
| Environment Conservation Act (73 of 1989) | South Africa's first framework environmental legislation, now largely repealed by NEMA |
| Integrated Coastal Management Act (2009) | Promotes an integrated and coordinated approach to managing the coast |
Owners and Managers
Until recently, the remit for the administration and coordination of national environmental policy belonged to the Department of Environmental Affairs and Tourism (DEAT).6 In turn, DEAT largely delegated responsibility for marine protected areas to the separate Marine and Coastal Management Directorate. However, new government structures introduced following the 2009 elections have caused DEAT to be split into three ministries: Tourism, Agriculture, Forest and Fisheries, and Water and Environmental Affairs. It is probable that each will have some responsibility for MPA development, though precise details and implications are yet to be clarified.
Although administration and coordination of protected areas are national endeavors, implementation and compliance are largely delegated to the provinces. Ezemvelo KwaZulu-Natal Wildlife, for example, manages and enforces the World Heritage-listed iSimangaliso Wetland Park on the east coast of South Africa.4,6
MCA Implementation and Examples
Private land ownership in South Africa is common, with half of all protected areas under private stewardship.11 Together, these reserves are credited with saving from possible extinction a number of species including the Southern white rhinoceros, bontebok, black wildebeest, Cape mountain zebra and the geometric tortoise.9 Ownership of marine resources, however, is vested in the state: all the islands and everything below the Admiralty Line is state-owned.10 Furthermore, all marine protected areas are managed top-down by national or provisional government, as shown in the table of Marine Protected Areas, above. Accordingly, the legal and political framework in South Africa is at present ill-suited to MCA implementation and this analysis was unable to find a single example of a functioning MCA.
However, there is a chance that this may change in future. The recently passed Protected Areas Act (2003, amended 2005) and Integrated Coastal Management Act (2009) include explicit provisions for co-management of protected areas. This, combined with widespread private ownership of natural resources on land, may present future opportunities for MCA establishment.
1 Department of Environmental Affairs and Tourism. (2009) South Africa's Fourth National Report to the Convention on Biological Diversity.
2 Driver, M., Smith, T. & Maze, K. (2005) Specialist Review Paper on Biodiversity for the National Strategy for Sustainable Development.
3 Sources for Table: Marine Protected Areas in the WIO region of South Africa:
- Salm, R. & Tessema, Y. (1998) Partnership for Conservation: Report of the Regional Workshop on Marine Protected Areas, Tourism and Communities. Diani Beach, Kenya. IUCN Eastern Africa Regional Office, Nairobi, Kenya.
- UNEP-WCMC. (2010) World Database on Protected Areas (WDPA) Annual Release 2010. UNEP-World Conservation Monitoring Centre, Cambridge.
- IUCN. (2004) Managing Marine Protected Areas: A Toolkit for the Western Indian Ocean.
4 UNEP/Nairobi Convention Secretariat and WIOMSA. (2009) Regional synthesis report on the review of the policy, legal and institutional frameworks in the Western Indian Ocean (WIO) region.
5 Barnett, R. & Patterson, C. (2006) Sport hunting in the Southern African Development Community (SADC) region: an overview. TRAFFIC East/Southern Africa, Johannesburg.
6 Chircop, A., Francis, J., Van Der Elst, R., Pacule, H., Guerreiro, J., Grilo, C. & Carneiro, G. (2010) Governance of Marine Protected Areas in East Africa: A Comparative Study of Mozambique, South Africa, and Tanzania. Ocean Development & International Law, 41, 1-33.
7 Multiple sources:
- Department of Environmental Affairs and Tourism 2009
- Driver et al. 2005
- UN FAO. (2007d) Fishery country profile: The Republic of South Africa.
8 Sources for Table: Key policy and legislation relating to marine and coastal protection in South Africa:
- Driver et al. 2005
- Department of Environmental Affairs and Tourism 2009
- Barnett & Patterson 2006
- UN FAO 2007b
- UNEP/Nairobi Convention Secretariat and WIOMSA 2009
- Borja, A., Bricker, S.B., Dauer, D.M., Demetriades, N.T., Ferreira, J.G., Forbes, A.T., Hutchings, P., Jia, X., Kenchington, R., Marques, J.C. & others. (2008) Overview of integrative tools and methods in assessing ecological integrity in estuarine and coastal systems worldwide. Marine pollution bulletin, 56, 1519–1537.
- Chircop et al. 2010
- Hauck, M. & Sowman, M. (2001) Coastal and fisheries co-management in South Africa: an overview and analysis. Marine Policy, 25, 173-185
9 Cousins, J.A., Sadler, J.P. & Evans, J. (2008) Exploring the Role of Private Wildlife Ranching as a Conservation Tool in South Africa: Stakeholder Perspectives. Ecology and society, 13, 43.
10 Kerley, G., 2010. Discussion on MCA projects in East Africa. (Personal Communication, 20 July)
11 Riedmiller, S. & Carter, E. (2000). The Political Challenge of Private Sector Management of Marine Protected Areas: The Chumbe Island Case, Tanzania. In Proceedings of the INCO-DEV International Workshop on Policy Options for the Sustainable Use of Coral Reefs and Associated Ecosystems. Mombasa, Kenya: ACP-EU Fisheries Research Initiative, pp. 141-153.