African Wildlife and Environment Issue 65

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& ENVIRONMENT WILDLIFE African AUTUMN 2017 ISSUE 65

Saving our diversity is OUR responsibility

Twinstreams A PLACE in the SHADE

Reserve boundaries UNDER PRESSURE

Grassland, thornveld and forests in the uMngeni Valley

THE MAGAZINE OF THE WILDLIFE AND ENVIRONMENT SOCIETY OF SOUTH AFRICA

CONTENTS

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Editorial

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WESSA contacts

Letters to the editor

Good reads

Conservation 8

Why should we be fighting to save the PHA? 10 Saving our diversity is our responsibility 14 Failure of the EIA process: Sani Pass experience 18 Separating fact from fiction: Water Quality in rivers Destinations 22 Grassland, thornveld and forests in the uMngeni Valley 28 A place in the shade: Twinstreams Envirobytes 32 Benguela Current ecosystem health under the microscope Fauna, Flora & Wildlife 34 Reserve boundaries under pressure 38 Following predators 40 Meeting the needs of garden birds 44 The mystical yellowwood 48 Recovering the Nile crocodile population Environmental Education 50 Sustainability commons and other innovations 56 WESSA Eco-Schools still going strong Birding 60 The vivacious Southern Carmine Bee-eater 64 Vultures have a helping hand with Vulpro Mpumalanga MEC approves the declaration of the Greater Lakenvlei Protected Environment 33 Jobs fund project makes history with simultaneous graduation of 119 field rangers

Page 14 Sani Pass

Page 22 uMngeni Valley

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Page 34 Reserve boundaries

Page 44 The Yellowwood

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Cover photo : uMngeni Valley © John Wesson

GENERAL

EDITORIAL The resurrection of African Wildlife & Environment has been met with approval by many members of WESSA. Thanks to those who provided feedback on how we could improve the layout and content. We are pleased to present issue 65 which contains a variety of articles and features that will provide much interesting (and sometimes concerning) information, with some good news stories and superb photographs. A concerning thread that runs through several of our stories is how government departments are failing to do their jobs properly, or are taking decisions that seem to be based on political and economic reasons rather than a proper evaluation of scientific and environmental priorities. Firstly, read about the battle to save the Philippi Horticultural Area (PHA) which comprises 3 000 ha of prime agricultural land in Cape Town, and the main recharge source for the Cape Flats Aquifer, a massive underground reservoir that could help the city’s chronic water shortages. The national Minister of Agriculture, Forestry and Fisheries made a ruling that plans to destroy the PHA and build a massive housing development on top of the aquifer cannot be allowed. But this ruling has been ignored (twice) by the City of Cape Town. A concerned group is fighting for the PHA, and some of our readers may want to join them. Our water expert, Professor Anthony Turton, describes some ‘alternative facts’ quoted by government concerning the management of Acid Mine Drainage AMD. The Minister of Water Affairs claimed that her Department would be producing ‘fully treated water that will significantly increase water supply to the Vaal River System’. However, while the acid is neutralised, the salt is not removed. “The harsh reality is that water security for the Gauteng economy will only be possible by 2030 as claimed if both Phase II of the Lesotho Highlands Water Project and the full desalination of the neutralised effluent currently being discharged from the three AMD ‘treatment’ plants takes place on schedule.” The Sani Wildlife Branch of WESSA participated in the EIA process for the proposed upgrading of the Sani Pass to a tarred surface. A strong case was made for a hard gravel road instead, which was initially accepted by the Minister. However, two provincial

Dr John Ledger

government departments objected, and the Minister then approved the tarring of the road, and would not allow an appeal against this ruling. In so many cases the EIA process seems to be a formality, and unless interested parties are prepared to go to court, the political expedience wins the day. The role of the Department of Environment Affairs (DEA) is a curious one, for it has a split personality that in human terms would be called a psychological disorder. On the one hand the DEA is responsible for safeguarding the nation’s biodiversity, yet on the other, the Department also makes decisions on developments that impact the environment. The Tsitsikamma National Park Marine Protected Area (MPA), which has been a ‘no-take’ zone since 2001, last year had certain areas opened to fishing, as an example of human wants and political expediency trumpingwell-researchedand long-termconservation management imperatives. The DEA’s primary responsibility for biodiversity protection and conservation is also compromised by it also being the agency that approves the construction of wind farms, knowing full well from studies in other parts of the world that these industrial-scale developments will kill numbers of birds and bats. If and when that turns out to be the case, can the DEA be held responsible for failing to execute its primary function? WESSA is also fighting proposals to mine coal just outside the fence-line of the Hluhluwe-Imfolozi Park (HIP). This would contravene the Department of Mineral Resources’ own 2013 Mining and Biodiversity Guidelines. The DMR should have rejected the initial application on the grounds that it would be impacting on a Wilderness Area of international importance, and that it would set an unacceptable precedent for allowing mining within buffer zones around Protected Areas. It would seem that where there is money to be made, the environment pays the price.

For more about the amazing work done by Vulpro visit page 62

So how does the government get held to account for these bad decisions against the environment and biodiversity? Hopefully by a strong political opposition in parliament that vigorously opposes poor decision-making and offers better alternatives from the environmental and biodiversity viewpoint. But let’s move on to lighter matters, and some uplifting reading… The Gauteng Conservancy Association is going strong, with 60 conservancies now registered in the province. This is encouraging evidence of active citizens getting involved in environmental protection. We feature two wonderful destinations that readers may want to follow up; uMngeni Valley and Twinstreams. Both sound like places that would be marvellous to visit. Readers will enjoy our regular Game Ranger Stories from the entertaining pen of Bryan Havemann. In this issue he shares some of his exciting encounters with predators while working in the Kruger National Park – some rather hairy and exciting adventures he experienced at first hand! Most readers will enjoy a great article on gardening for birds, with some very good tips about what plants will attract some feathered diversity to your garden.

The magnificent yellowwood trees are of great attraction to anyone interested in nature, and we have a good feature on South Africa’s yellowwoods in this issue. While on the natural history theme, we even take you to the Okavango Delta for an update on crocodiles. Environmental education is covered by features on the concept of ‘Sustainability Commons’ and the Eco-Schools programme. The ‘WESSA Eco-Schools is a school-based environmental management, certification, and sustainable development education programme implemented in no less than 64 countries worldwide.’ Finally, we have our birding feature, this time the Southern Carmine Bee-Eater, with stunning photographs by Albert Froneman, as well as news about Vulpro, an organisation doing excellent work to provide a helping hand to vultures in distress. Please help to spread the word about their existence and their service to vultures.

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

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GENERAL

LETTERS TO THE EDITOR

Your opinion is highly valued and welcome. Please send your feedback, letters, comments and suggestions to editor@wessa.co.za

A WARM WELCOME BACK TO THE AFRICAN WILDLIFE MAGAZINE

Dear Editor Welcome back to the old format which I prefer. I had a full set of African Wildlife from 1946, and have passed these on to John Green so that he can put them to good use. More power to your editorial pen and I enjoyed Eugene Moll’s contribution. Yours, Peter Steyn not do with our wildlife. CITES is ineffectual and is heavily influenced by western animal rights NGOs. They offer no hope to Africans that we can manage our own wildlife resources in such a way that land under wildlife can be economically competitive with land under livestock and crops. By taking away the rights of Africans to sell their wildlife products for the best prices, CITES is undermining the very principles of sustainable use laid out in the IUCN World Conservation Strategy. The bottom line is that full proprietorship of wildlife resources must vest with landowners, whether private or communal, they must be free to trade their products without undue official (or CITES) interference, and the state must protect such landowners from those who who steal their goods, as is the case with all other law-abiding citizens of the country. Unless we can aspire to and achieve this state of affairs, wildlife in Africa has a grim future. Yours, Ed Bokman

Dear Dr Ledger, How wonderful it is to hold this magazine in my seventy year old hands again! Look forward to supporting it as WESSA continues forward on its impactful journey. Warm regards, Diana Reekie Dear Editor Congratulations to the Editorial team for bringing African Wildlife & Environment 64 to life- it is an interesting read. While it is good to learn in the articles by Chris Galliers and Morgan Griffiths that WESSA supports trophy hunting as a valuable land-use option, the rather weak arguments against trade in wildlife products is disappointing. Make no mistake, the demand for ivory and rhino horn in the populous countries of Asia is very strong, and those who supply the markets are very well organised. Prohibition has never worked, and the streets of Chicago were turned into a criminal battle-ground by well-armed and organised illegal liquor traders. Today, when South Africans can freely buy liquor in their supermarkets, the notion of ‘Prohibition’ of this practice would violate our Constitution! The eastern and western borders of the Kruger National Park are today governed by wealthy criminals dealing in ‘prohibited’ goods, and they are stealing the money that should be going to the legitimate owners of rhinos and elephants in Southern Africa. Talk of ‘demand-reduction’ is fallacious, as is the propaganda that the once-off sales of ivory by southern African countries triggered increased bouts of elephant poaching. The evidence for this is very weak, and has been exaggerated by the animal rights movement, determined to dictate to Africans what we may

THE PROPIERTORSHIP OF WILDLIFE RESOURCES

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GENERAL

GOOD READS

Book reviews by Dr John Ledger

Ants Slingsby, Peter (2017). Ants of Southern Africa . The Ant Book for All *. Slingsby Maps, Muizenberg, South Africa. Soft cover 24x17 cm, 118 pp, illustrated throughout with colour photos, sketches and maps (inside front and back covers). ISBN 978-1-9202 7704 -5. R335. Order online at https:// slingsby-maps.myshopify. com/produc t s /ant s - o f -

Birding History Siegfried, Roy (2016). L evaillant’s Legacy: A History of South African Ornithology . Print Matters Heritage an imprint of Publishing Print Matters (Pty) Ltd, Noordhoek, Cape Town. Soft cover 21x14 cm, 118 pp, illustrated throughout with colour and monochrome photos, sketches and maps. ISBN 978-0-99224 -0301-1. R335 . Limited Edition, available online only from www. printmatters.co.za. The irony of this excellent book is that the author is himself a major role-player in the history of ornithology in South Africa, yet his own part is left out of the main body of the work! Thankfully Dr Morné du Plessis points out in his Foreword that Emeritus Professor Roy Siegfried, former Director of the Percy FitzPatrick Institute for Ornithology at the University of Cape Town, made a major contribution between the 1970s and the mid 1990s to put South Africa on the world map for ornithological expertise, research and training. Francois Levaillant (1753-1824) was a Frenchman who travelled extensively in South Africa from 1872 to 1874, and returned to

Birds at Sea Ryan, Peter (2016). Guide to Seabirds of Southern Africa . Struik Nature, an imprint of Penguin Random House South Africa (Pty) Ltd, Cape Town. Soft cover, 21x15 cm, 160 pp, illustrated in colour throughout with photographs and maps. ISBN 978-1-775 8-4519-5. R180 Worldwide, there are 350 species of seabirds, making up only 3%

France with more than 2 000 bird specimens. He then produced a number of books, including Histoire naturelle des oiseaux d’Afrique (1796–1808, 6 volumes) . Some of the splendid illustrations from these books are reproduced in Siegfried’s excellent and well-written history. This is a valuable contribution to the science of ornithology and should be read by anyone interested in South African birds.

southern-africa. R295 This brilliant new book deserves far more than a short review in African Wildlife & Environment , and we will be asking the author to write an article for our magazine about ants and the incredible amount of work that has gone into producing this excellent piece of work. Peter Slingsby is an artist, writer, cartographer and ‘amateur’ ant enthusiast who has incorporated a lifetime of talent into this exceptional book. The * in the title stands for’*Bewildered Beginners, Excited Enthusiasts and even Puzzled Professionals’. Peter’s enthusiasm for ants, his publishing skills acquired over years of producing the excellent Slingsby Maps, and the outstanding photography of cardiologist Philip Herbst, make this one of the most outstanding natural history publications ever produced in South Africa. Words cannot describe my admiration for what has been achieved here – it is a shining example of what a motivated individual can do to make a mark in the world of natural history citizen science, and go on to do the technical layout and reproduction for an exceptional publication that will stand for a very long time as an example of the impact of the modern era of self-publishing. Well done Peter Slingsby – what an inspiration to all of us!

of total global bird species, yet they occupy over 70% of the world’s surface (the oceans). In Southern Africa there are 132 species, some of which are only accessible to birders who can go to sea, or visit the Atlantic islands and Antarctica. This outstanding and highly recommended book is primarily an identification guide, with multiple photographs of each species, distribution maps, clear ID pointers, plus information on biology and behaviour. There is an excellent introduction that covers many aspects and issues that affect seabirds, like conservation. House Mice were inadvertently introduced to Marion and Gough Islands; then cats were introduced to Marion to kill mice – they went feral and killed masses of seabirds. Cats have now been eradicated from Marion, but the mice now kill many seabird chicks on both islands by eating them alive! Mice must fall…

Reptiles Branch, Bill (2016). Pocket Guide: Snakes and other reptiles of Southern Africa . Struik Nature, an imprint of Penguin Random House South Africa (Pty) Ltd, Cape Town. Soft cover, 18x11 cm, 152 pp, illustrated in colour throughout with photographs, and distribution. ISBN 978-1- 77584 -164-7. R150

Mutant Byrd Guide Dr Jack (2016). Dr Jack’s Third Illustrated South African Byrd Book . Struik Nature, an imprint of Penguin Random House South Africa (Pty) Ltd, Cape Town. Soft cover, 21x14 cm, 72 pp, illustrated by sketches, one bird per page. ISBN 978-1- 77584 -528-7. R120. R120 This little gem is an ideal gift for your bird-watching friends,

especially the twitchers and those who take their birding too seriously. Dr Jack is a highly talented artist whose caricatures of politicians, businessmen, and others in the public eye appear in leading publications. He is also a birder with a genius for turning a bird’s name into a really funny caricature. It is hard to verbally describe the illustrations adequately, but they are very entertaining and very funny, often with a wry social innuendo attached. For example, the South African Shel(l)duck has the petroleum multinational’s shell emblem on its head, and its call is “Frack! Frack!” The Tinkling Cisticola has an expression of blessed relief on its face. The Rock Dove is perched on the neck of a guitar, with a ‘zol’ in his beak. The African Grass Owl is likewise high on the ‘weed’. And the Scarce Swift? Well, being so scarce, the page is blank!

Southern Africa hosts a diverse reptile fauna of more than 600 species, of which nearly 70% are ‘endemic’ to the region, being found nowhere else. This new pocket guide features 276 of the more colourful and conspicuous species, as well as those that are unique or endangered in the region. Dr Bill Branch is a well-known herpetologist who has worked in the field in more than 20 African countries, and has published extensively in his speciality. This handy little book features authoritative text describing key identification features, full colour photographs, and distribution maps showing the range of each species. There are introductory sections on how to use the book, field hints and habitats of southern Africa. The descriptions of the reptiles then follow in the order of snakes, lizards, crocodiles and chelonians. The photos are superb, and this is an outstanding little publication.

Insects Holm, Erik (2017). Insectopedia . The secret world of southern African insects . Struik Nature, an imprint of Penguin Random House South Africa (Pty) Ltd, Cape Town. Soft cover, 21x18 cm, 208 pp, illustrated in colour throughout with photographs and diagrams. ISBN 978-1-7758-4224-8. R290 This is a fully redesigned, updated and revised iteration of its predecessor (2008). It is an excellent book that will be of great value to nature enthusiasts, teachers, students, farmers and gardeners. It explores the fascinating and infinitely varied world of insects, from mating and breeding, metamorphosis and movement, to sight, smell, hearing and adaptations to heat and cold. A chapter on ‘superorganisms’ looks at social insects; another deals with their role

in balancing ecosystems, spreading human disease, and destroying crops. The final 60 pages comprise a field guide to identification of the major groups. The book is very well designed and has numerous excellent photographs. The pages layouts are very innovative and lively, with many ‘fascinating facts’ that catch the eye. The series of photographs showing mating is titled ‘Insect Kama Sutra’. This book is highly recommended, and hopefully will introduce many young people to the wonderful world of insects.

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CONSERVATION

For all these reasons one would think that Cape Town would be actively working to keep the PHA as pristine farmland, and rigorously preventing pollution of the valuable groundwater. But you would be completely wrong: not only is the City working extremely hard to push through a development of more than 50 000 middle income houses, schools, shopping centres and a private prison that would permanently pave over a huge part of the PHA (thereby forever preventing it from functioning as an aquifer recharge area), it also turns a blind eye to daily incidents of dumping and pollution of the ground water. It is these two things that the Save the PHA Campaign is working so hard

the outcome. This is an extremely dangerous precedent, since what the City is implying is that the only consideration to be taken into account in spatial planning, is what the current mayoral committee thinks is a good idea. Imagine the implications: the mayoral committee decides that some of the historic vineyards of Constantia would make a perfect high-income cluster development (after all, there is much more income for the City in 2 000 multi-million Rand homes than a few vineyards). Those vineyards are classified as agricultural land and they have considerable heritage value. There is legislation in place to prevent their

Why should you be fighting to save THE PHA?

For the past five years a bitter battle has been waged between the City of Cape Town and a small group of volunteers, who make up for their lack of resources with tenacity. Most South Africans know nothing about this fight, but it is critical to all of us since it is essentially about how much power we hand over to our municipalities to irrevocably destroy natural resources.

Tracy Ledger

destruction, but the City simply ignores all the requirements in this regard and proceeds to bulldoze the area. As citizens of Cape Town you would discover that you had absolutely no legal recourse, because the City has simply taken for itself the authority to override all those checks and balances. And then there is the water. The residents of Cape Town are learning very quickly that the City has failed appallingly in this regard. Cape Town has been growing rapidly over the past ten years – and thus the demand for water has increased substantially, and drought is not unknown in the Western Cape. Despite this information, the City has failed to design or implement any kind of long-term water strategy. If the city is struggling with water now,

Much of Cape Town’s fresh food is produced in the PHA (Photographs: Save the PHA Campaign)

to prevent. But there is even more at stake in this fight than to save a unique and valuable resource for future generations. Throughout its programme of planning to ‘develop’ the PHA, the City of Cape Town has bumped up against the checks and balances that have been put in place precisely to prevent this kind of irrational and dangerous activity. As just one example, legislation requires that if a municipality wishes to rezone agricultural land that has been deemed to be ‘high-value’, it must obtain permission to do so from the Minister of the national Department of Agriculture, Forestry and Fisheries (DAFF). Since the PHA is deemed ‘high-value’, the City of Cape Town did apply to DAFF for such permission. Twice. And their request was denied. Twice. The City’s response is what should concern all of us: the executive merely decided that they did not need to be bound by the legislation around high-value agricultural land if they did not want to; that they could ignore the Minister’s ruling and simply proceed. This is exactly what they have done. And it is not the only national and provincial planning safeguard that they have simply ignored because they did not like

what will it do in five or ten years’ time, when the demand is even higher? Cape Town’s economy is critically dependent on water – an exacerbation of the water crisis has the real potential to turn it into a ghost town. Despite all this, the City is determined to destroy forever one of its most important water resources. We have to make them stop. We have to prevent them from eroding our rights in terms of the checks and balances around natural and heritage resources that are designed to keep these safe for our children and grandchildren. And we have to do it now, before it really is too late.

The PHA is a unique agricultural heritage site

Firstly –what are they fighting about? They are fighting over the Philippi Horticultural Area (the PHA), an area of about 3 000 hectares of very high value farmland located within the borders of the City of Cape Town. The PHA is globally unique, for a number of reasons. It represents an incredible urban agriculture resource, with the ability to produce a significant amount of the City of Cape Town’s fresh food requirements. Given the high level of food insecurity in the city, the advantages of having such a huge agricultural asset on the doorstep are considerable. And then there is the water. The PHA sits above the massive Cape Flats Aquifer and is the main recharge area for that aquifer. The water table is only a metre or so below the surface. The implications of this huge fresh water resource are considerable: it means that much of the produce

grown in the PHA can be irrigated all year round, making it a very secure source of food. Secondly, the aquifer is a potentially vital source of ground water for the City (which currently does not utilise any ground water as a meaningful part of its water supply strategy). Estimates are that the aquifer could provide as much as a third of the drinking water requirements for the City, a vital consideration in a place where the signs above the highway tell you that there is less than a 100 days’ worth of water left in the dams that supply Cape Town. But the aquifer can only recharge itself every rainy season if it remains farmland, and the water can only maintain its current quality if there is (enforced) legislation to prevent its pollution by industrial and other waste.

Dr Tracy Ledger Research Fellow in the School of Social Sciences University of the Witwatersrand Author of An Emply Plate (Jacana) www.facebook.com/Tracy-Ledger-Food-and-Social Justice-121397028342459/

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CONSERVATION

Saving our diversity is OUR RESPONSIBILITY

Community driven conservation - a conservancy is a community driven initiative and can be established by anyone, anywhere, where they feel there is something worth protecting and conserving.

Ivan Parkes

The Greater Kyalami Conservancy (GEKCO) is a gem of country living in the city. It is a green lung of large and small agricultural holdings and open space tucked between Johannesburg and Pretoria

we now have 60 conservancies, of which 55 are extremely active. The conservancies represented by the Association are all worthy of special awards, as they are passionate about conserving our precious biodiversity, and without each and every one of them it would not be possible. The GCSA decided to train Conservation Officers, enabling each conservancy to have trained people assisting with various environmental issues: • Removal and recognition of snares;

• Snake Rescue/Relocation; • Help protect the endangered species found in Conservancies; • Re-establishing plants that have been removed by the ‘muthi’ trade; • Working with traditional healers and the Regional Healers Associations to inform them that large scale removal of the ‘muthi’ plants will lead to their extinction; • Liaise with local councils, and schools; • Assist with Environmental Management Plans,

The Gauteng Conservancy Association (GCA) was formed in February 2003 to promote conservation on private land in Gauteng, and to protect Gauteng’s fast-disappearing biodiversity. The association has recently changed its name to the Gauteng Conservancy & Stewardship Association (GCSA) to align with the National Biodiversity Stewardship South Africa programme. Conservancies have been

recognised as the entry level of conservation by the National Biodiversity Stewardship South Africa. We have recently been approached by the Department of Environmental Affairs, to add the conservancies into the National Environmental Management Act, NEMA. The Association has grown in leaps and bounds; in 2003 there were only 12 conservancies in Gauteng,

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CONSERVATION

• Efforts to protect the endangered species found in the conservancy are also evident. Great work is being done to bring the community together while protecting the existing biodiversity and • The conservancy does not act in isolation, but networks with a number of other conservancies, schools, local councils and the GCSA. The clear commitment to conservation and community is evident. Korsman Conservancy Benoni Urban • The main achievement in the last two years has been reversing the degradation of the grassland from weeds and bush encroachment. We have removed thousands of Cirsium vulgare (Spear thistle) Conyza bonariensis (Fleabane) and saplings of Fraxinus americana (American Ash), as well as a host of other invasives. The programme has been very successful. We also carried out an ecological burn, the first in decades, despite the challenges of being in an urban area; • We had some support from Ekurhuleni to spray Phragmites australis (common reed) and Typha capensis (bulrush) which invaded due to high water levels and high nutrient levels from sewerage spills. This is an ongoing fight, but we have managed to clear many plants from the shoreline which had completely blocked the view and • We have been drawing up species lists of flora and fauna, and so far we have 137 birds, 32 butterflies (including the rare Marsh Sylph), 10 Odonata (dragon- and damsel flies), and many plants. Greater Kyalami Conservancy (GEKCO) Urban/Rural • This area is recognised not only as an important environmental asset, but as an important equine area, the hub of equestrian sport and industry in South Africa; • Five African Grass-Owl nests have been recorded in the past year, two with chicks that have since fledged. These sightings have provided great opportunities for photographers and some of the sightings and photos have been published in Getaway and African Bird Life magazines. A photo taken of a Grass Owl fleeing a fire in 2014 won second place in the Getaway competition last year; • We held two clean-ups, one on the Jukskei River on Mandela Day with city and provincial departments, another where we joined in the Spruit Day activities in September. On Mandela Day in 2016 we held a snare clean up with residents and children from the neighbouring Riversands Farm: • GEKCO has been running a successful recycling project since 2014 with ‘Bontle ke Tlhago’,

focusing on both conservation and sustainable development and • Assist in compiling species lists. Education and awareness exhibitions • Birding Fairs; • Various conservancies’ open days; • WITS University annual ‘Yebo

a recycling cooperative in Diepsloot. This is supported by Pikitup at no charge to the residents. They collect around ten tons per month from the Kyalami area, which assists in keeping the Buy Back Centre in operation. They are looking at expanding going forward; • We received the Mail and Guardian Greening Award for Community Conservation for our Green Neighbourhood project. Its focus is to encourage community participation in the planning and management of the environment in collaboration with neighbouring communities. iHlathi, the Melrose-Birdhaven Conservancy Urban • We have continued to engage various parties on a proposed ‘Green Meander’ between Rosebank and Melrose Arch; • Birdhaven Ratepayers’ Association organised the erection of wooden poles along Melrose Street, from Tyrwhitt Avenue to the M1, to help prevent illegal dumping, and around the circle on Greenacres; • ‘Save Glenhove Road’: iHlathi launched a campaign in July 2016 to apply pressure on the Council, the Johannesburg Roads Agency, City Parks & Zoo, as well as developers, regarding the unchecked destruction of the tree-scape along the road • Tree planting: wild olive trees were planted along Venus Street by City Parks, and plane trees along Glenhove. City Parks has also replaced some dead oak trees on the centre islands on Oxford Road with liquid ambers.

and is responsible for forging closer ties with the Environmental and Planning Departments of that region’s Council/Metro.

Gogga’ event with over 6 000 children passing through this exhibit each year; • Schools and fairs; • Tag A Dumper’ - this is an initiative whereby postcards are distributed to enable us to contact the ‘dumper’ (name and shame); • Walkerville Agricultural Show and • Plant rescue schemes - the removal and relocation of medicinal and horticultural plants from development sites.

The GCSA Library will be written into a Trust to ensure that this Library is kept complete for future generations

GCSA Library An extensive library has been established at the Association’s offices. Books have been donated by members and friends of the Conservancies. To date the library consists of approximately 2 000 environmental books. Some speciality books to mention are, full sets of Natal Plants , dating back to 1899; a full set of Flora of South Africa by Rudolf Marloth; a full set of Trees of Southern Africa and a full set of The Succulent Euphorbiaecae, Southern Africa . This library is extensively used for research when the conservancies are involved in Environment Impact Assessments. We also have an extensive range of DVDs and magazines from a variety of organisations; a full set of Tree Society and WESSA magazines, to name a few. Some of the projects in our member Conservancies include: Cullinan Conservancy Rural • This conservancy shows an obvious commitment to protecting the area’s biodiversity through the implementation of a number of thoughtful programmes. In particular, the removal of snares, the small mammal programme, the owl, bat and chameleon projects and the snake rescue/ relocation initiative, all aid in the protection of biodiversity; • An intensive alien vegetation eradication plan, which includes trying to identify themost effective herbicides, and an enthusiastic farmer education programme, will also do much to improve the natural biodiversity of the area;

Our themes at these shows include snares and the damage they cause and what conservancies are doing about it. We also have a collection of animal skulls which has been integrated into the school curriculum. The following educational booklets are distributed: • Wetlands are Precious, including a poster; • Wetland Study, including a poster; • Protect our Frogs, including a poster; • An Educational Guide to Frogs; • Community Development and upliftment projects; • Grasslands, including an activity book and a poster; • Owls, including and activity book and a poster; • Animals in our Environment, (pre-school); • Conservation Programme for Cubs; • Exploring the Soil; • Wildlife in our Garden; • The A – Z of Living Things in Life and • Animal Antics (Book 1 and 2). GCSA Committee Members are representing conservancies on the following forums and organisations: • Gauteng Wetland Forum; • Klip River Forum; • Blesbokspruit Forum; • National Association of Conservancies / Stewardship of South Africa; • Involvement with the Gauteng Councils’ Integrated Development Policies. Gauteng is divided into five regions. Each Executive Committee member has been allocated a region

Ivan Parkes Chairman Thorntree Conservancy Chairman Gauteng Conservancy and Stewardship Association www.thorntree.co.za www.conservancies.org www.nacsa.org.za

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CONSERVATION

Failure of the EIA process SANI PASS EXPERIENCE

would soon be commencing, and so arranged a series of meetings between us (WESSA) and the consultants (ArcusGibb), design engineers and proposed contractors. We felt these meetings were most useful. They gave us a chance to air our views and concerns, to allow the powers that be to hear from local people (many such as Mike Clark, long time users of the road), and also allowed us to hear what they proposed. This process also concluded with a two vehicle expedition up the Pass, during which we could stop and chat about many various special places along the route. We would like to think that our early action helped positively to shape to some extent the thinking and subsequent design which was developed. Once the EIA started in earnest, we involved ourselves in the ‘Scoping’ process. This culminated in the ‘Draft Scoping Report’, which came out in late 2009. We felt that by and large, the consultants, under the leadership of Russell Stow, had put together a pretty good report. The main feature of the scoping process was the identification of six potential future scenarios for the Sani Pass. These ranged from Alternative 1: Do nothing and let the road deteriorate to the point it would be closed permanently to Alternative 6: A tunnel from the base of the zig-zags to a point about 1km into Lesotho. The Department of Transport KZN, under whose auspices this project was being proposed, favoured Alternative 5: a hard surface all the way with state of the art drainage features. In our lengthy and detailed submission, WESSA Sani Branch contended that Alternative 3: a good quality gravel road with state of the art drainage features was the win-win scenario. We challenged a number of assumptions made in the Scoping Report, the major one being that the In 2004, the Ministers of Transport from Lesotho and South Africa signed a memorandum of Understanding at Sani Top, agreeing to upgrade the road between the two countries via Sani Pass to ‘bitumen standard’. In 2005, an Environmental Impact Assessment (EIA)process started for phase 1 of this project, the uncontroversial section from the junction near Himeville for 14km to the Good Hope ruins, site of the proposed new South African border post.

Russel Suchet

The top of the Sani Pass zig-zags, from the north

Department insisted that under Alternative 3, only 4x4 vehicles would be able to use the road. We knew from experience that this is not the case, and that when the Lesotho Roads Department upgraded the road surface in the late 1990s, even small sedans were able to use the road for a number of years until lack of maintenance caused the surface to deteriorate again. We warned the consultants of this mistake but they told us the Department was adamant on this point. We warned that this incorrect assumption would jeopardize the accuracy of the results of any specialist studies undertaken, which would thus be based on a false assumption. We registered this concern with the Department of Environment Affairs (DEA) at the time. Our words fell on deaf ears. The Environmental Impact part of the study then commenced, with a number of specialist studies being conducted. The water study concluded that the Mkomazana River, at whose headwaters Sani Pass is found, was somewhat degraded and that the proposed project would improve the situation. The Floral and Avifaunal studies both found that the project would be bad for the environment in terms of plants and birds. The Social study found that there would be a negative impact on the area in terms of tourism on both sides of the border, but that trade and other cultural links may benefit. The Economic study found that Alternative 5 would be detrimental to the economy of the whole region – and that the tourism industry would be badly affected as ‘The Sani Pass Experience’, as currently marketed, was a major factor in the local tourism economy. Tour operators would be badly affected, but so would tourist operators in all areas on both sides of the border. They further concluded that trade benefits would be shallow, especially since over 60%

of traders in the Mokhotlong area were of Chinese extraction, and had very close ties with their fellow countrymen in the West of Lesotho, and were thus unlikely to make any use of the new road. Having completed these studies in great haste, we then eagerly awaited the Draft Environmental Impact Report (EIR). Time passed and nothing happened. Almost two years later, we were approached by a new consultant, claiming to be conducting an economic study of the Sani Pass. Again we co-operated. In late 2011, the draft Environmental Impact Report came out. It was followed by a public meeting held in the Himeville Hall and attended, among others, by the writer of the new economic report. It quickly became apparent that when the Department realized that the initial economic study facts were against their plan, they held up the process while deciding what to do. Eventually, they decided to commission a second study, use it to denigrate the initial study by terming it the ‘Broader’ study, and then give it terms of reference so narrow that it could not but produce the required recommendation. Working on the premise that ‘Bullshit Baffles Brains’, they concocted figures based on pure speculation at best, and plugged wild estimates into complex models to get the answers they desired. They underestimated the locals, however, as the stormy public meeting literally tore this ridiculous report to shreds. WESSA Sani Branch compiled a detailed rebuttal to the Draft EIR, and recommended strongly that Alternative 3 was the best solution as it provided the objectives of the project as stated, namely to provide improved access to the population, (at the last minute, the Department finally conceded that a good gravel surface would allow access to the same range of vehicles as the hard surface would), to improve the ecological situation, as the state

This project was rapidly approved and work began in 2006. This relatively simple section of road was planned to take one year to complete, but eventually took six years, and at a massive cost overrun. In 2008, the local Sani Branch of WESSA decided that the EIA process for the project to tar the main part of the Pass to the top (phase 2) was likely to commence soon, and we thus called a meeting with ‘head office’. This meeting was attended by our local branch members, plus Di Dold, Bryan Havemann and Cobus Theron from the parent body. We explained why we felt the Sani Pass was worth saving, and followed up with a trip up the pass to let everyone have that unique experience. Head Office agreed that the Sani Pass was something really special and agreed to assist us in our fight. Di Dold heard that the public phase of the process

Who, if anyone, will help clear the new, more slippery tarred road in snow conditions?

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CONSERVATION

themselves in an unprecedented position – we asked whether we could in turn lodge a response to these appeal documents? It had never happened before, so they weren’t sure! Eventually we were told we could. It was apparent that neither appeal addedanythingnewto thedebate; these Provincial Departments simply did not like the decision. We felt that, on merit, it would be hard for the decision to be overturned. We demonstrated this in a clear and concise submission. We were wrong again! It took until the middle of 2014, but eventually the Appeal Decision came. It had been adjudicated by the Minister herself, Edna Molewa. It was a simple seven page document which was the ultimate answer to a complex 1500+ page EIA document. It dealt narrowly with the few points raised by the Appeals, found in favour of the appellants and gave permission for Alternative 5 to proceed. We were devastated, believing that the Minister had failed to give any adequate reasons for her decision. We contacted the DEA and were told that we could not appeal the Appeal. We decided that our environmental rights had been infringed and approached the South African Human Rights Commission as well as the Public Protector. We analysed what the role of these bodies was under the constitution and framed our appeals to them in terms of the powers and responsibilities they had. Sadly, both bodies, after due consideration, concluded that our problem did not lie within their ambit and that the courts were our only recourse. We felt particularly disappointed that the Human Rights Commission had declined an opportunity to really broaden the scope of the rights they protected! Neither head office nor our local branch had the resources, time or emotional energy to pursue a court challenge. We have had to resign ourselves to the reality of Alternative 5 going ahead. In November 2016, the project formally began. We resolved to remain involved and engaged, attend all public stakeholder meetings and ensure that the final road is the best we can push for, despite it not being what we felt was right. So how did we end up here? How do we analyse this process in retrospect, and hopefully provide lessons for others using this same legislation and process? Here are the lessons learnt, and pointers for future environmental conflicts of this nature. • Getting involved early on was crucial and necessary. • Having someone who understood exactly how the process worked was vital - even if, as in our case, that person was a lay person with little experience and learnt as he went along! • Being fully engaged was also vital. Respond to every report when given the opportunity.

Respond to every point raised, whether positively or negatively. Attend every meeting, participate in every study. • Keep both consultant and client on their toes - don’t let untrue assumptions go by without challenging them. • If you believe strongly in your case, and the evidence supports you, you can win, at least the first round. • The final battle is sadly probably impossible to win because, under the current system, the Minister can take responsibility for the final Appeal decision. This changes the nature of the decision from a technical one, taken by bureaucrats using set criteria to a political decision taken by a Minister based on purely political considerations, albeit dressed up in technical language (and in our case, rather poorly disguised!) THIS IS THE MAJOR WEAKNESS IN THE SYSTEM OUR CASE HAS HIGHLIGHTED. • Final victory can most likely only ever be achieved through the courts, so if you are serious about your issue, prepare for this from the outset, but even then the process must be followed through all the way to give you the best chance later in the courts. • Our mistake – the weak decision in our favour; having won the initial decision, the fact of our victory blinded us to the poor nature of that decision. While we believed the DEA decision was correct, it did not use all the evidence gathered during the EIA to support it. A few flimsy reasons were given, and this made it easy for the Minister to overturn on Appeal. We needed the initial decision to set forth clearly all the compelling arguments which had emerged during the whole process. Could we have appealed the decision even though it was in our favour? Could we have found some other manner to ensure the reasons underlying the decision were stronger? It is possible that even then, the Minister would have found a way to overturn it, but it would have made it much harder and would have led to a much stronger position if the matter had eventually gone to court.

Vegetation fringes the old Sani Pass - this is a special attraction, both in its own right, botanically, scenically and as a home to rich birdlife which attracts a great deal of avitourism! Can it be saved? Will it be ‘replaced’, and if not, will it ever naturally rehabilitate?

of the art drainage features would reduce erosion substantially and, at the same time, keeping a gravel surface would retain the essential ‘sense of place’ and thus allow the tourism product to retain its integrity and attraction. We further recommended a full-time, dedicated maintenance team, living on the Pass and working full-time on the road with picks, shovels and wheelbarrows, would create long-term, sustainable employment ,while ensuring the gravel surface was kept in as good a condition as possible. It is impossible in an article of this nature to give a complete rundown of the many and complex arguments advanced, but our response was certainly exhaustive in this regard. The Final Environmental Impact Report, complete with our dissenting submission, was submitted to the Department of Environmental Affairs for their ‘judgement’. The design engineer suggested a positive answer might be forthcoming within weeks. Some eight months later, the DEA finally delivered their verdict - Alternative 3 was the preferred solution! Local people on both sides of the border were jubilant! Early on the skeptics told us not to waste our time with the EIA, that it was a done deal with the agreement already signed at Sani Top. The consultants assured us that the legal process had to be followed, that we had our chance to have our say and influence the outcome. We all felt vindicated by the decision. The process had been well conducted

Elixir of Eternal Youth - a special feature of the Sani Pass, which will be bypassed by a bridge in the new road

by Arcus Gibb, and had allowed us our say. Specialist studies had supported our views, and the last minute attempt to muddy the waters had failed. We trumpeted our success in the media, claiming it was a vindication of our environmental legislation and the whole EIA process. But we celebrated too soon! Within the prescribed period, both the KZN Department of Transport AND Ezemvelo KZN Wildlife lodged appeals. The DEA apparently found

Russell Suchet Chairman – Sani Wildlife Branch of WESSA

info@sanilodge.co.za www.sanilodge.co.za

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