A comparative study of legislation relating to the establishment and management of wildlife protected areas in South Africa and Tanzania.

Abstract

In the last two decades, conservation of biodiversity has moved from being a preserve of wildlife enthusiasts into forming a lead agenda in the world conferences. Many Conventions and declarations also came into being within this time frame. In the national level, different jurisdictions have enacted pieces of legislation that are in line with the Conventions. To delineate part of a country's territory as a Protected Area and manage it by a legislative enactment is the most reliable way of conserving the said biodiversity. This is because; well managed, Protected Areas have a proven capacity to preserve diversity of species as well as their respective genetic materials in their natural state. This thesis is an attempt to study laws relating to the establishment and management of Protected Areas in a comparative perspective. South Afiica and Tanzania have been chosen as case studies. The two countries are endowed with abundant biodiversity and have signified their willingness to conserve the said biodiversity by enacting pieces of legislation and by signing various regional and international Conventions. An assessment of the current laws of the two countries reveal that the new constitutional dispensation in South Afiica has enhanced the enactment of (despite some pitfalls) exemplary provisions that are worthy emulating by Tanzania whose many laws are a relic of its colonial past.