LUBOMBO NSUBA~E-PONGOLO TRANS~FRONTIER

-CONSERVATION I

AND RESOURCE AREA PROTOGOL

BETWEEN

THE GOVERNMENT OF THE REPUBLIC OF $OUTH AFRICA

AND
THE GOVERNMENT OF THE KINGDOM ~WAZILAND
 TABLE OF CONTENTS

Preamble ,

ARTICLE 1 ,

Definitions : 1

; 2
Undertakings
ARTICLE
Establishment
ARTICLE 35
4 byand ;the Constitution
Parties , of the NS-PO Task
".",...,., Group
: ",.".", , , 3

3
4,

: 4
Duties and Powers of the NS-PO Task Group. 4
Functioning
ARTICLE 6of the NS-PO TaskGroup Co

, ~ 5

F..
ARTICLE 7 6
manCla 1An angements .. ;
6

ARTICLE 8 .".",."""",.".""""", :...6

Dispute Settlement.. ,';; 6

ARTICLE 9 , 7

Respect for National Legislation and Other Agreements 7

ARTICLE 10
Respect for National Initiatives 7

7
AIlTICLE 11 7
Amendment of the Protocol and Entry into Force of Amendment ."'1..' 7
ARTICLE 12 7

Entry jnto Force of the Protocol 7

AIl'fICLE 13 8
Deposit \vith the United Nations 8

,~
 Prcamblc
The Government of the Republic of South Africa and the Govern lent of the Kingdom of
Swaziland (hereinafterjointly referred to as the "Parties" and either them as a "Party"),
BEING Parties to the GeneralProtocol and the TFCA Protocol;
RECORDING their commitment to the Objectives and the TFCAO ~ecti\'es;
RECOGNISING the opportunity for enhancing the economic and evelopment potential of
the Area in the form of ecotourism and nature-based activities t rough the creation of a
TFCA;
WISHING jointly to prosper from suchactivities and undertakings i the Area and gain from
the accompanyingbenefits that will be derived;
ACI(NOWLEDGING the importance of holistic, integrated cological planning and
management ~nd wishing to further this by promoting regional co operation in all relevant
spheres; -

SUBSCRIBING to the principle of sustainable development and t e sustainableuse ~f the

natural resourcebase of the Area;
I-IEREBY agreeas follows:
ARTICLE 1<
Definitions
In this Protocol, unlessthe context indicates other\\'ise
"Area" meansthe NS-PO TFCA;
"Domestic Law" means the domestic law and constitutionai req irements in force in the f
country of a Party;
"General Protocol" means the General Protocol on the LUbO T O Spatial Development

Initiative entered into on 5 Ju1)' 1999, by the GoVernn1ents of the epublic of Mozambique,

the Republic of SouthAfrica and the Kingdom of Swaziland; .

"Lubombo Spatial Development Initiative" has the meaning as ibed to it in the Generai t
Protocol;
"Ministerial Committee" means the Trilateral Ministerial CO! mittee on the Lubombo
Spatial DevelopmentInitiative establishedpursuant to the General P .otocol;
"NS-PO Task Group" means the Tl~CA '[ask Group established p rsuantto Article 4 of this
Protocol;
"NS-PO TFCA" or "Nsubanc-Pongolo Tr~\ns-li'ronticr Con. crvati(}n and Itcsourcc
Area" means tile Pollgolo Natul:e lZeserve and Pongol.opoort Bi sphere Iteserve in South
Africa and til(~ area in Swaziland cast of tile J\11t8 road, up 10 Nse a Safari l~anch lncl.uclillg
10t'.J-,ubombo mountain rallgc in1hc l~asl Uj) 10 1..l;eUsu1ou Gorge;

"NS-PO '}'.]i'CA OL}.icc(i\'L~s" mcanstheob.i(~c1ive:;; sl...t!orlh ill Aliic. c21\cr.~of;

UOb.i(~c(j\'(~.,-:I)me~1n.st.l~c ])rot{)~1J

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 "Rcsponsihlc Ministcr" means the Cabinet Minister(s) rCSPO f SiblC to! cconomic and

envirolll11ental affairs appointed by a Purty to the Ministerial Co 1mittcc or such heads of

ministerial departments to which such Cabinet Minister(s) may Ii om time to tinle delegate
responsibilities in terms of this Protocol; .

"TFCA" or "Trans-Frontier Conservation and Resource rea" means a specific

geographical area divided by one or more international political b rders, which is identified
by two or more of the Parties to the TFCA Protocol to be the subj ct ofTFCA Management;
"TFCA Commission" means the Trans-Frontier Conservati n and Resource Area
Commission established pursuant to the TFCA Protocol;
"TFCA Managcmcnt" means the joint arrangements or P!ogram es determined by two or
more of the Parties to be applied to or in respect of a TFCA;
"TFCA Obj~ctivcs" means the objectives set forth in Article 2 oft e TFCA Protocol;
"TFCA Protocol" means the General Trans-Frontier Conserv tion and Resour~e Area
Protocol entered into on 22 June 2000, by the Governn1entsof the epublic of Mozambique,
the Republic of South Africa and the Kingdom of Swaziland;
"TFCA Task Group" means the task groups reterred to in CA Protocol to be
established by two or more of the Parties in respect of a TFCA.
, .
ARTICLE 2
Nsubane-Pongolo Trans-Frontier Conservation and-Resource rea Objectives
The NS-PO TFCA Objectives of the Parties are as follows:
(1) (a) To realise economic returns from tourism and asso iated activities within the
Area, while safeguarding its ecological integri y, and to promote the
sustainable socio-econon1ic development of the A ea for the benefit of all
Parties in accordance with the Objectives and the TFCA Objectives and to
develop, market and promote the TFCA to this end;
(b) to address the needs and aspirations of local com 1unities b)' ensuring their
di,.cct participation i,} alld/or ownership of and/or eri\'ation of benefit from
an)' prqgrammes or initiati,'es that are undertaken in the Area and encouraging
or empowering them to do so in whatever way is pos ible and appropriate;

(c) to accommodate within approp~'iatemanagement re i'lles for the Area a broad

spectrllm of human acti\,ities compatible willi the p .otec.liona11c1
management
°.r1hc tcflocstrialallcl aquatic CCos)'stemsin the Area;
(2) (a) Toprotcc.:t d~)let~~,threa(el)cd, rare or endangcrcd t'r(~(,iCSHlld populations in
f
.t11C:Ar ".\Ulld,11)"p;-lrliCll!(l.r,tc) prc,scrvc habitats iu t1 c'/\I"(,o collsidercd
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 (a) To prcscrvc, protect and manage allY historical anc cullural,sitcs and natural
aesthetic values of terrestrial and aquatic areas in the Arca, for present and
future generations;

(b) to facilitate the interpretation of terrestrial and aqua ic CCOs}'slcmsin the Area
for the purposes of conservation, education and tour sm;

(c) to provide for research and training, and for mol itoring the environmental
effects of human activities in and near'the Area, including the direct and

i
indirect effects of development and adjacent land-us practices;

(4) (a) To make full use of the opportunities and a vantages offered by the
transnational nature of the Area and to use this to n aximum effect in meeting
theseobjectives;

(b) to
levels
promote
including
cross border
that of
co-operation
local communities,
and interactiol
private j sector,
bet\\"een non-governmental
the Parties at all

organisations and government agencies;

(c) to attempt to resolve any specific problems in t1e Area but solely in the
jurisdiction of either Party which may impact on the e objectives; ,.-

(d) to investigate options for the facilitation of cro s-border movement, the
positioning offences, and the possible creation of vi a-free areasor reserves;
(e) to create an enabling framework to facilitate t e achievement of these
objectives; and ~ .

(f) to perform strategic studies in order to formulate I an agreed programme to

implement these objectives. .

AR TI CLE 3
Undertakings by the Parties
In nlrtherance of the Objectives and the TFCA Objectives, and specifically, the NS-PO
TFCA Objectives, the Parties shall:
(1) delegateor grant to the NS-PO Task Group (established pu suantto Article 4 hereof)
such powers and authorise it to perform such duties, unde. and sub.iectto Domestic
Law, as are necessaryfor the successful achievement of the NS-PO,TFCA Objectives
and as are se.tforth in Arlicle 5 hereof;

implement
including the policies, harmonisation procedures, of and,
such where
legislation necessal)', and/or legi re f Jation
uJations, and/or to ensure
regulations, a co-

ordinated approach by the Parties to the NS-PO TFCA Obje tives, with the advice and

guidance ofthcNS-PO Task Group;

consult and cofoperate

faCilitationOft

t.OI\Sllll
l lC work or the. NS-))O

<l11c1 O-'opcl1.atc with

wi~h each other

each other
and the NS-PO
Tas.1.~Group;

cillci the NS PO
Ta'k
'..
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Group

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in respect to the

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 inform each other and the NS-PO Task Group on a regula basis a~ to thc measures
introduced or to be introduced by any Party in implementation of this Protocol;

providc, as necessary, seed monies on an agreed basis Ii r the administration and

project costs of the NS-PO Task Group and provide all re sonable assistance to the
NS-PO Task Group in identifying local, regional, national nd international funding
sources and in obtaining funds from such sources; and

review, on a periodic basis, the performance of and conti ued need for the NS-PO
Task Group.

ARTICLE 4
Establishment and Constitution of the NS-PO Task Group

(1) The P~rties hereby establishthe NS-PO Task Group.

(2) The Responsible Minister of each Party, in consult tion with that Party's
representative(s)on the TFCA Commission, shall appoint th ee Representative; to the
NS-PO Task Group, consisting of appropriate conserv tion and resource area
managementexperts, tourism and development experts and epresentativesof relevant
governn1entand implementing agencies, or such other num er of Representatives as
may be agreed upon by the Ministerial Committee from tin e to time in consultation
with the TFRCA Commission.
..
The NS-PO Task Group may propose to the TFCA Com ission other appropriate
persons as non-voting members (or advisers or observers)of he NS-PO Task Group.
Within three months of the entry into force of this ProtQcol, achResponsible Minister
shall have appointed the respective Representatives and shall have, within such
period, communicated the names of such Representat.,'es to the Ministerial
Committee. Each Responsible Minister may at any time, in due consultation with the
Ministerial Committee, terminate such appointment and app int any 'other appropriate
person. Any Representative who does not attend more tl an two dul)' called and
notified consecutive meetings of the NS-PO Task Group may be replaced by the
Responsible Minister.
(5) The Responsible Minister may invite such ot1ler appropriat persons as advisers to or
observers 011the NS-PO ,Task Group as may be appropr ate or necessary for the
achievementof the NS-PO TFCA Objectives and as may be agreedby the Parties.
'l~heChair of the NS-PO Task GI.OUpshall be one of the eprcsentati\'es appointed
pursuant to Article 4(2) which shall alternate between th Parties every two years
un]ess otheJ'wiseagreed by tIle l.~esponsibleMinisters of the )arties. The Chair for the
first two years shall be ap~)ointedb)' the l.Zesponsib]cMini IeI' of the Goverl1luent of
S\\'aziland.
 ARTICLE 5

Dutics nnu Powcrs of thc NS-PO Tnsk Group

The NS-PO Task Group shall perfoffi1 such authorised duties and e~ !erCise such powers as are
granted to it in order to achieve the NS-PO TFCA Objectives nd, in particular without

limitation, the NS-PO Task Group:

(1) may establish a fund to meet its administrative costs and imblement approvedprojects
(the "Fund"), subject to guidance and directives from the T~CA Commission;

(2) is authorised to solicit and accept contributions for the FUnt and to allocate, apply and
disburse the monies in the Fund to meet its administrative a d project costs, subject to
guidance and directives from the TFCA Commission;

(3) shall provide the Ministerial Committee and the TFCA f ommiSSion on an annual

basis with tl1fee copies of the complete, inde~endently audit d financial statements for

the previous financial year as well as a report of the previou financial year's acJivities
and a plan for the subsequenttwo years;

(4) shall advise and report to the Ministerial Committee and he TFCA Commission as
they may reasonably require and shall identify and reco mend the adoption and
implementation of such policies and meaSlw;esas may b necessal"yto ensure the
achievement of the NS-PO .TFCA Objectives; .
..
(5) shall, within [18] months of the appointment of all Reprt entatives, have drafted a
detailed programme to implement the NS-PO TFCA Ob ecti\'es ("Implementation

Programme") to be submitted for comment and/or approval to the TFCA Commission

and relevant government agenciesas directed by the TFCA ommission;

(6) is authorised to perform and commission such studies (as are necessary for the
development and drafting of an Implementation Programme

(1) shall make detailed recommendations, in the frameWO

l k of an Implementation

Programme, as to pern1anent joint management mechanisn s to achieve and maintain

some or all of the NS-PO TFCA Objectives, and as to the continued role (if any) of
the NS-PO r[ask Group;

(8) sha!l have access to all relevant government entities for al propriate information and
assIstance;and
i
(9) sh~I~1take such actions as are necessary to implement
All1Clc 6.
i
tl c acti\'ities referred to in

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,

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 time an~ venue of all other meetings shall be determined by nc l\'S-P.O l'ask Group as
approprIate.
I
(2) Subject to the availability of appropriate funding, the NS-PO Task Group shall as soon
as possible establish a permanentSecretariat to provide orga isational and infoffilation
services to the NS-PO Task Group, and, subject to Articl 6(5) hereof, to assist in
implementation of the duties and policies of the NS-P Task Group. Until the
establishmentof such Secretariat,'the Responsible Minister shall each designate one
Representativeto act as the key contact person for the NS-P Task Group.

(3) The hosting member(s) of the NS-PO Task Group shall be r f sponSible for preparation

and timeous distribution of the proposed agenda, the record'ng and distribution of the

minute's and the making available of a suitable venue, 11le?s such duties can be
assumedby the Secretariat,

(4) A quorum for decision-making shall consist of two Represe tatives of each Party. All
decisions of the NS-PO Task Group shall be. taken on the asis of consensus among
the Representatives.In the event of the NS-PO Task Group ailing to reach consensus,
the matter under discussion shall be referred to the TFC Commissi<?nwhich, if
unable to resolve the matter to the satisfaction of the NS-P Task Group, shall refer
the matter to the Ministerial Committee.

(5) The NS-PO Task Group shall establish its tJwn rules of 1rocedure in so far as its
internal structure and meetings are concerned. ..
(6) The secretarialduties to the NS-PO Task Group shall be su1 Plied by the NS-PO Task
Group members hosting a particular meeting, }mless such uties can be assumed by
the Secretariat. .

ARTICLE 7

Financial Arrangements

(1) Until such time as the Flmd has sufficient monies pursuant j OArticle 5(2), each Party
shall, in respectof all meetings of the NS-PO Task Group, e responsible for all costs
incuned in colll1ection with the attendance and particjpatiol of its members, advisers
and observers on the NS-PO Task Group.

(2) At such time when the Fund has sufficient monies pursuant 0 ArticJe 5(2), the NS-PO
'fask Group membcrshosting a paliicular meeting of the N -PO '[ask Grollp shalJ be
responsibJe for aJ\ costs incurred in making ..1vernle avaiJabJe for the meeting, the
pr.eparalion and distributioh ofthc proposed agenda, the re OI"dil1gancJ distribution of
tl1c mil1utes) and t.J1C
proYisioJ1 of secretarial services, unJcs' any SlIC]1costs are to be
..ISSlIl11Cd by t.J1CSl'.crctariat.

l~ar
 ARTICLE 8

Dispute Settlement

If any dispute arises between the Parties as to the inte .pretation, application or
performance of this Protocol, including its existence, val'dit)" or termination, such
dispute shall be first referred by either Party to the TF A Commission and the
Ministerial Committee for negotiation and recommendation on amicablesettlement,

If such dispute cannot be settled amicably, either Party m1 Y submit such dispute to
final and binding arbitration in accordance with the Perm nent Court of Arbitration

Optional Rules for Arbitrating Disputes Between Two Stat s, as in effect on the date
of signature of this Protocol.

The aypointing authority shall be the Secretary General or the Permanent Court of
Arbitration at The Hague. .I

ARTICLE 9

Rcspect for National Lcgislation and Othcr Agree}tlcnts

Nothing in this Protocol shall be deemed as derogating from any ~ rO\'iSiOn of the Domestic
Law of any Party or any obligations assumed by a Party und r agreements previously
concluded.

ARTICLE 10

Respect for National Initiatives

Nothing in this Protocol shall be deemed as derogating fi'om national initiatives and
development procedures and the funding for such initiatives and procedureswithin any TFCA
consistent Wit111'F~A Objectives.

ARTICLE 11

AmClldment of the J'rotocol and Entt")' into Force of A)nendmcn~

Protocol may beame!lded b)' nluturu agreement bctwc.e~ the Parties

All
t.llichcrft4iJ>i\)'I)fI1aS
ah~el\~~}j~ent J1ltUllally
l1olifif;;C!t.llc()ilicr
agrct.,;dip by 1he
ParI)'
Parlics
1hrollgh
snal1
1he
CI11C
tlSlal j il11o oiplomali(: J()rcc ol11he c.Jlal1l1Cls da1eol1 of

'i!I~('OJ1}plif"'1~(!~\~!jl~ 1]~::c9IjSli1(t1~)n.al rcqllir<::ll1c,l1ts I1cc:c:ssa )' it)r 111(: ill1pJcmcl1latiOfl

!~ : " " "

(~"'tl1<;'.r(;lcv~'\)lfH1:\C11(11~;~1{..; "

nis
 ARTICLE 12

Entry into Forcc of the Protocol

This Protocol shall enter into force on the date on which et Ch Party has notified the

other Party in writing through the usual diplomatic channels fits compliance with the

constitutional requirements necessaryfor the implementation of this Protocol.

This Protocol shall terminate as between the terminating part~' and the other Party on a
day three months after the date upon which such Party has gi 'enthe other Party notice
in writing of the proposed termination.

ARTICLE 13

~:~o;::;::: :~:l~:~t;:P::::;:ith theUnitedNationsHeadq~:~Jr:;n

NewYork.

IN WITNESS WHEREOF the :undersigned, being duly author~sed by their respective

Governments, have signed and sealed this Agreement. , j

DONE at ~.~.:~~":"'. on this the ~';).. day of

1un(2, .. I 1.
n t llS year T\Vo Thousan. d,
..I

FOR AND ON BEI-IALF OF

THE GOVERNMENT OF
THE REPUBLIC OF SOUTH AFRICA

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