The viability of legalising trade in ivory and endangered species products: A Namibian perspective with SADC comparisons
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Date
2025
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University of Namibia
Abstract
This thesis investigates the viability of legalizing trade in ivory and endangered species
products in Namibia and its impact on species conservation, anti-poaching efforts, and
sustainable development. The study employs a mixed-methods approach,
incorporating both doctrinal legal analysis and empirical data collection through
questionnaires distributed to key 29 stakeholders, including conservation experts,
government officials, and community leaders.
The research objectives include evaluating current Namibian and international legal
frameworks; assessing the ecological, economic, and enforcement implications of
legalizing ivory trade; comparing Namibia's legal regime with South Africa,
Botswana, and Zimbabwe; and proposing policy recommendations that ensure
conservation while considering economic benefits for local communities. The study
also explores the potential consequences of implementing legal trade systems, such as
the risk of encouraging poaching and the mismanagement of wildlife populations.
Key empirical findings indicate that while there is substantial support for legalizing
trade, significant concerns remain about enforcement mechanisms, public trust, and
the potential for increased poaching. The legal frameworks in Namibia, such as the
Controlled Wildlife Products and Trade Act and the Prevention of Organised Crime
Act (POCA), provide a strong foundation for wildlife crime prevention but are
insufficient for regulating legal trade due to conflicting provisions on asset forfeiture
and wildlife trafficking. Comparisons with South Africa and Zimbabwe reveal gaps in
enforcement and coordination that could undermine a regulated trade system.
The study concludes that legalizing trade in ivory is not currently viable due to the
high risks of exploitation by criminal networks and the potential negative impacts on
endangered species. Instead, Namibia should focus on strengthening anti-poaching
efforts, enhancing community-based conservation programs, and seeking alternative
income-generating activities for communities reliant on wildlife. The thesis
recommends refining existing legal frameworks, improving cross-border enforcement
cooperation, and exploring regulated trade options under stringent international
supervision
Description
A thesis submitted in partial fulfilment of the requirements for the Degree of Master of Laws (LLM)
Keywords
Legal frameworks, Cross-border enforcement cooperation, International supervision, SADC, Regulated trade options, Wildlife trafficking, Prevention of Organised Crime Act (POCA), Products in Namibia, Anti-poaching efforts, Ivory and endangered species, Namibia, University of Namibia