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Futi Corridor - Zoning & Management Proposal

MAPS

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Futi Corridor - Zoning & Management Proposal

Map1 – Overview of the Lubombo Transfrontier Conservation Area

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Map 2 – Area of proposed Futi Corridor, showing distribution of communities and elephants in
relation to existing protected areas.

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Futi Corridor - Zoning & Management Proposal

Map 3 –Elephant home ranges - summary of movements of five collared elephants between 2001
and March 2002 (map courtesy of Conservation Ecology Research Unit, University of Pretoria).

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Futi Corridor - Zoning & Management Proposal

Map 4 – Distribution of high conservation priority vegetation types within the proposed Futi
Corridor

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Futi Corridor - Zoning & Management Proposal

Map 5 – Distribution of concessions and concession applications in the area of the proposed Futi
Corridor and adjacent Community Conservation Development Zones (Zonas Tampao)

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Futi Corridor - Zoning & Management Proposal

Addendum to Map 5

Provisional summary of concessions and applications in and around the proposed Futi
Corridor

No Name Area Activity Status


Complexo de Mamoli 300 Tourism Approved
117 Willison Canhe 1 Habitation Approved
118 Parsotan Karsan 500 Agriculture/livestock Approved
151 Dalmacio Nhavene 463 Agriculture/livestock Approved
154 Silvestal Boene 401 Agriculture/livestock Approved
161 Ass. de Camp. de Maccasane 530 Agriculture Approved
162 Associadade de Camp. Fabrical Decal Agriculture Approved
184 Mohinddin Karim 1,000 Agriculture/livestock Approved
252 Inkwazi Game Reserve 10,136 Ecotourism Approved
325 Antonio Nathoora 200 Agriculture Approved\
326 Zacarias Nebe 300 Agriculture Approved
343 Ministry of Education 100 Social Approved
364 Raimundo Vasco Matusse 150 Livestock Approved
366 Joao Carlos Nhamazinga 10 Tourism Approved
? ? 700 ? Approved
2/64 Koekemoer ? Approved
166 Luis Ismael 183 Agriculture/livestock Applied
173 Manuel Joaquim dos Santos 10 Agriculture Applied
200 Luis Ismael 214 Livestock Applied
356 Communidade de Madjejane 7,148.5 Community Applied
382 Francisco Pateguana 1,000 Applied
389 MAGFA Lda. 9,900 Gamefarm Applied
391 Salimo Amad Abdul 2,000 Agriculture/livestock Applied
411 Armando Namusse 2,000 Livestock Applied
11/254 ? ? ? ?
23 Futi Lda. 500 Tourism ?
88 ? ? ? ?
104 David Cangwa 360 Agriculture/livestock ?
165 Armindo da M. Nachado 340 Agriculture/livestock ?
180 Boaventura Langa ? ? ?
201 Dlamo carvalho Luis 15 Livestock ?
251 B. Jate 350 Agriculture/livestock ?
288 ? ? ? ?
320 Abdul Osmame 1,000 Agriculture/livestock ?
98 Joao Goncalves Perdigao 10,000 Gamefarm Refused
202 Joao Goncalves Perdigao 15,000 Gamefarm ???
338 Caetano de Sousa 1,000 Livestock Refused

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Futi Corridor - Zoning & Management Proposal

Map 6 – Proposed zonation of the Futi Corridor.

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Futi Corridor - Zoning & Management Proposal

Map 7 – Locations of existing and proposed tourism developments, and proposed development of
basic protected area infrastructure.

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Futi Corridor - Zoning & Management Proposal

Map 8 – Proposed marine extensions to the current boundary of the Maputo Special Reserve,
extracted from the approved 2001-2006 MSR Management Plan

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Futi Corridor - Zoning & Management Proposal

APPENDICES

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Futi Corridor - Zoning & Management Proposal

APPENDIX 1

PRIMARY VEGETATION TYPES IN PROPOSED FUTI CORRIDOR

• Coastal dune forests – Tall dune forests occur on the leeward, inland-facing slopes and
footslopes of the littoral dune cordon in the area around Ponta Techobanine and P. Mamoli,
dominated by species such as Mimusops caffra, Diospyros rotundifolia and Brachylaena
discolor. Crests and seafacing duneslopes are typified by dense thickets dominated by
Diospyros rotundifolia. Typical woody species include Euclea racemosa, Mimusops caffra,
Sideroxylon inerme, Dovyalis longispina and Maytenus procumbens. Acacia karroo is the
primary pioneer, typically forming even-aged stands on abandoned slash and burn cultivation.
The dune flora is extremely rich, its species composition reflecting contributions from several
biomes and habitat types. East African and Madagascaran littoral dune species reaching their
southern limits in the coastal sectors between the Limpopo mouth and Ponta do Ouro include
Brexia madagascariensis, Macphersonia hildebrandtii, Terminalia boivinii, Hymenaea
verrucosa and Sorindeia juglandifolia. There are high levels of endemism in burrowing
reptiles.
• Woody grasslands – Occurring fairly close to the coast, these are dominated by Themeda,
Tristachya, Trachypogon and Aristida spp. Nearer the coast the grasslands contain a number
of dwarf woody plants; of particular interest is the plant Parinari capensis incohata. These
woody grasslands are a high conservation priority due to their high endemism.
• Sand (licuati) forests – The zone between the Maputo and Futi Rivers is dominated by a
mosaic of sand forest formations in a matrix of open woodland on pallid sands (pallid-sand
bushveld). The sand forest formations are a unique vegetation type, endemic to the
Maputaland Centre. Commonly occurring tree species include Newtonia hildebrandtii,
Cleistanthus schlechteri, Hymenocardia ulmoides, Balanites maughamii, Ptaeroxylon
obliquum, Dialium schlechteri, Erythrophleum lasianthum and Cola greenwayi. The matrix
surrounding the sand forest supports woody species such as Strychnos spp., Terminalia
sericea, Acacia burkei, Combretum molle and Albizia versicolor.
• Swamp forest - Patches of swamp forest occur scattered throughout the coastal grassveld.
These are not extensive and many have been drained and cleared for agriculture, and the
remaining relics have a high conservation priority. True swamp forest canopy tree are Ficus
trichopoda, Syzygium cordatum, Voacanga thouarsii and Rauvolfia caffra. Additional species
on drier sites include a Podocarpus sp., Scolopia stoltzii, Ficus capensis, Ilex mitis,
Macaranga capensis, Schefflera umbellifera, Erythrina lysistemon and Bridelia micrantha.
Large swamp forests occur just to the south of L. Piti, and to the south of L. Satine near
Zitundo, along the Rio Cele.
• Mixed woodlands/savanna – In the east on moister sites with a high water table is a wooded
grassland/grassland with scattered Syzygium cordatum, S.guineense, Phoenix reclinata, and
Hyphaene coriacea. Common grasses include Hemarthria altissima, Urelytrum
agropyroides, Themeda triandra and Tristachya leucothrix.

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Futi Corridor - Zoning & Management Proposal

APPENDIX 2 (a)

SUMMARY OF COMMUNITY CONSULTATIONS

Section 1. Biodata

1.1 Did you flee the country during the war?

This query was intended to establish an


indication of numbers of returning ex- 70
60
residents to the area. A total of 60% of

% entravistados (n=286)
60
respondents said they had left Mozambique
50
during the war. As indicated by Els
38
(CINDEK, 2001) the majority of the 40
population tends to consist of older people, as 30
younger people seek more favourable income-
20
generating scenarios elsewhere.
10
2
0
Sim Nao Nao declararam

Section 2. Socio-economic issues

2.1 What is your primary livelihood?

The majority of respondents claimed that


agriculture formed their primary livelihood. 90 82.9
Although they indisputably constitute a major 80
part of local economies, hunting and fishing
70
% entravistados (n=286)

were not specifically mentioned.


60

50

40

30

20
11
10 4.2
0.3 1.4 0.3
0
Agricultura/outros
Outros Neg.

Nao declararam
Pecuaria
Agric.

Comércio

45
39.1
40
% entravistados (n=286)

35 30.7 29.7
2.2 Is your average annual income 30
increasing or decreasing? 25
20
15
10
5 0.5
0 13
Aumentar Diminuir Estavel Nao
declararao
Futi Corridor - Zoning & Management Proposal

Slightly more respondents (39%) claimed to have an increasing level of income, opposed to 30%
who said their level of income was decreasing. This data could differ spatially between the
relatively accessible areas around Salamanga, and the more remote communities to the south.

2.3 Is any of your livelihood from cross-border trade or activities?

It will be desirable to further spatially


70
differentiate results from north to south to 60
obtain a clearer response to this question, 60

% entravistados (n=286)
as transboundary activities are obviously
50
more likely to take place in the south of
the area. The majority of the populace 40
does not claim to engage in commercial
30 25
transboundary activities. It is probable
that significant levels of transboundary 20 15
trade consists of motorised through-traffic 10
from both the Mozambican and South
African sides of the border. 0
Sim Nao Nào declararam

2.4 Does agriculture provide sufficient food and income?

A majority of respondents indicated that 60 57


their livelihood needs were adequately
met through agricultural activity. This
% entravistados (n=286)

50
result must be tempered with the near-
40 34
certainty that fishing and hunting also
form primary local staples throughout the 30
area.
20
9
10

0
Sim Nào Nào declararam

2.5 What are the most critical problems that you face in your area?

Over half of respondents indicated that


depredations by wildlife were their largest 70 63
problem. Problems with elephant
% entravistados (n=286)

60
depredations occur most commonly in the
north of the proposed Rio Maputo CCDA, 50
although problems have also been reported 40
from Mussongue. Conflicts with elephants 30 23
will probably be the easiest to overcome,
20
8 6
10

0 14
animais desemprego sociais combinados
Futi Corridor - Zoning & Management Proposal

through erection of elephant-proof fencing. Crop damage by bushbuck, bushpig, hippo, monkeys
and birds constitute a perennial problem for low-productivity subsistence farmers that is harder to
deal with.

Section3 Opinions

3.1 Have you heard of the Government’s intention to create a protected area linking Maputo
Special Reserve with Tembe Elephant Park?

Over half of the respondents indicated that


they had heard of the plan to link the two 70 63
protected areas, and only 8% claimed to not

% entravistados (n=286)
60
have heard of the plan. 23% of respondents
50
gave a mixed answer, perhaps reflecting the
confused history of the various conservation 40
proposals that have been presented for the 30 23
area.
20
8 6
10
0
Sim Nao Nao combinados
declararam

3.2 Will this enlarged protected area affect you negatively or positively?

Just over half of respondents were positive


about the proposed linkage between the two 60
protected areas, while 40% provided a 50.3
% entravistados (n=286)

50
negative response. Reasons behind positive 40.5
responses included increased employment 40
possibilities, and improved development and
access to facilities. 30

20
9
10
3.3 If you find that you are living inside
the proposed Futi Corridor, would 0
you be willing to relocate to a Positivos Negativos Nao declararam
community development area
nearby?

40% of respondents indicated that they


would be unwilling to relocate. These 45 40.5
results need to be analysed spatially, as
% of interviewees (n=286)

40
apart from scattered small communities 35
within the proposed Core Conservation 30
Area, and the most northern and western 25
18.5
parts of the extended Puza area, virtually 20
all respondents are from communities on 15 12.2
the boundary with or outside of the Futi 10
Corridor, from where they are highly 5
unlikely to be asked to relocate. Under the 0
Sim Nao Nao declararam

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Futi Corridor - Zoning & Management Proposal

terms of this proposal, most respondents will be located within proposed community
development areas.

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APPENDIX 2(b)

Faculty of Humanities
School for Social Sciences

University of Pretoria, Pretoria, 0002, South Africa ℡ +27-12-420-2002 (office) +27-12-420-2698 (Fax) E-mail: cindek@postino.up.ac.za

BRIEF SUMMARY OF RESULTS OF THE SOCIO-ECONOMIC RESEARCH


CONDUCTED
IN THE AREA BETWEEN THE RIO MAPUTO AND THE RIO FUTI DURING
JUNE 2001

Qualitative and quantitative research was conducted from Machia in the north of the area
between the Rio Maputo and the Rio Futi, to Manioca, Huku, Gabeza, and Msonge in the
south between 14 and 22 June 2001. The same methodology was used as was used
during the research conducted during 2000 in the areas east and west of the Futi-corridor.
An aerial count of households earlier in May 2001 indicated that there are 82 households
in the specific area. In-depth interviews were conducted with the heads and family
members of 10 households (12.1% of calculated 82 households) and 37 questionnaires
were thereafter completed among additional households in the areas east and west of the
area enclosed by the Rio Maputo and the Rio Futi (referred to hereunder as the corridor –
from the Mozambique / South African border in the south, to Salamanga in the north) (37
households = a further 45.2% of the calculated 82 households in the Futi-corridor). Of the
37 questionnaires, 20 were completed with households at Machia, 9 at Manioca, and 8 at
Msonge, while 4 of the in-depth interviews were conducted with households at Machia, 3
at Manioca, and 3 at Msonge.

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It was not possible to confirm the number of 82 households in the Futi-corridor on the
ground. The area is sparsely populated with scattered settlements through the area. One
would have had to use at least two weeks just to be able to look for and visit all the
household which are not close to the road as they are dispersed in secluded spots from the
Rio Futi to the Rio Maputo. Access to these dispersed households is mainly by foot, and
the three that were visited were all more than 5 kilometres away from the road.
Approximately half the households are constructed on the side of, or close (less than 2
kilometres) to the north-south road running through the area from Salamanga in the north
to Manioca in the south (main road means a sand track – it is the only road in the area).

The GPS markers of the households that could be taken, as well as that of the sand tracks
in the area, is presently being drawn into a GIS map of the area, and will be made
available as soon as possible.

The area referred to here as the corridor, is divided into two administrative sections
(povoardos). The northern section from Salamanga to Machia falls under the jurisdiction
of Bela Vista, while Manioca (divided into areas known as Msonge [north], Gabeza [far
south-west], and Huku [west], falls under jurisdiction of Zitundo. It needs to be
mentioned that Machia, Manioca, Msonge, Gabeza, and Huku, are not villages or large
settlements, but rather places where one finds a church, a school or a market. The big
bush meat market at Manioca is for instance at the place where the road turns off to Huku
from the main road to the border. Referring to one of the above places thus does not only
refer to a specific locality, but also to a specific area with the same name.

It is quite certain that the population of the Futi-corridor does not exceed 600 people. If
one calculates a under count of 18 households during the May aerial count, a maximum of
100 households could be calculated for the area. Data from the questionnaire survey
indicates an average of 6.1 persons per household in the Futi-corridor (100 x 6 = 600).
This figure compares with the size of households east and west of the Futi-corridor, where
indications were that households on average, consist of 6.3 persons.

The population in the Futi-corridor consists of older people, of who a large portion
(64.9%) indicated that they have worked elsewhere, and that they have now moved to the
specific place in the Futi-corridor for their retirement. Where the average age for

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respondents east and west of the Futi-corridor was 39 years, the average age of the
respondents in the Futi-corridor was 47 years. Where the average age of children among
the respondents of the areas outside the corridor were found to be 13 years, the average
age of children of respondents in the corridor were found to be 19 years. Where 76.5% of
the children of respondents east and west of the corridor were under the age of 15 years,
only 22.3% of the children of respondents in the corridor were under the age of 15 years.

A total of 64% of the respondents lived in Manguze (KwaNgwanase – South Africa)


during the civil war (1980 – 1990), and have now returned to live in the Futi-corridor,
while 13.5% of the respondents indicated that they had lived there through the war. A
total of 83.8% of respondents indicated that they understood the homesteads where they
lived now, to be their permanent homes. These figures indicate a stable and older
population in the Futi-corridor, with relatively few children under the age of 15 years in
the area. The last statement is confirmed by the fact that there are only two primary
schools in the Futi-corridor (one at Machia for 250 children – in use; and one at Manioca
built for 350 children – not yet in use). Primary schools at local level in Mozambique
only present classes up to standard 4, where after children of the Matutuine district have
to go to Bela Vista to enrol for standards 5 – 8.

The 38% of the respondents in the corridor who indicated that they had attended school,
on average passed standard 3, while the 62% of the respondents outside the corridor who
had indicated that they had attended school, had on average passed standard 5 (Annexure
A, Figures 1 & 2). The number of jobless respondents in the corridor was 100%, while in
the areas outside the corridor 64.5% of respondents indicated that they were jobless.
Households in the corridor display on average a number of 3 buildings per household,
while in the areas east and west of the corridor this figure was found to be 2 (Annexure A,
Figures 3 & 4). These figures in themselves indicate an older and more settled
population inside the corridor.

Respondents in the corridor indicated that they on average, had to care for the same
number of people, namely 5.

The linkages of the population in specifically the southern sections of the corridor with
the people of Manguze is very close (64% of respondents lived there during the civil war).

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Futi Corridor - Zoning & Management Proposal

This was demonstrated by the large number of traders from Manguze that were
encountered at Manioca on the market day (Mondays). People from Manguze (15
kilometres south of the border) move through the old Muzi border control post (despite
the army control post there) to sell their produce at Manioca. Produce varies from
blankets to sugar and coffee, bread, maize meal, sunlight soap, candles, South African
beer, Coke, Omo, packaged beans, tinned meats, and vegetables. This was also the largest
bush meat market we encountered in the 18 months the research has been continuing. At
the market carcasses of 3 bush pigs, 3 Red duiker, 4 Grey duiker and 1 Reed Buck were
noticed, apart from the four large holders of fish (20 litre holders full of Tilapia and cat
fish – various species).

The people of the Futi-corridor live from the bush and specifically the people in the south
and south-west of the corridor are described by people from outside the corridor as bush
people despite the fact that they do have a number of small fields (10m x 5m) close to
their homes where they plant a similar crop mix as was found among the people living
east and west of the corridor (Annexure A, Figures 5 & 6). What is, however,
significantly different is the patterns of use as well as the different types of meat utilised
by the people living in the corridor and those living outside the corridor. Where
respondents outside the corridor indicate that they utilise a variety of meat of
domesticated animals and only a small percentage of meat of wild animals, the people
inside the corridor utilise only a small percentage of meat of domestic animals, and a
much larger percentage of meat of wild animals (Annexure A, Figures 7 & 8). These
differences are related to the fact that the people in the corridor have even less domestic
animals than the people living outside the corridor (Annexure A, Figures 9 & 10). People
in the corridor are, according to respondents and to spokespersons, far more reliant on fish
and the meat of wild animals and the incidence of utilisation of such meat is much more
frequent than reported by respondents outside the corridor (Annexure A, Figures 7 & 8).
In both cases, however, the utilisation of chicken is quite significant.

Outside the corridor the variety of wild meat eaten is larger than inside the corridor, but in
smaller number of incidences, and also reported by less of the respondents. This is due to
the fact that people outside the corridor have easier access to butcheries than the people
inside the corridor. Spokespersons also indicated that people inside the corridor perceive
themselves as people living from the bush (Annexure A, Figures 11 & 12).

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Futi Corridor - Zoning & Management Proposal

The same animal / human interaction is reported by spokespersons and respondents alike
inside the corridor than that which was reported by spokespersons and respondents
outside the corridor (Annexure A, Figures 13 & 14). The same reasons are given by
respondents inside the corridor why they do not take down snares when they come across
them in the bush (Annexure A, Figures 15 & 16). The people in the corridor are scared of
the same animals than those the respondents outside the corridor indicated (Annexure A,
Figures 17 & 18), and mostly for the same reasons, namely that they are dangerous to
humans and that they are able to kill humans. They also largely have the same
perceptions with regard to sustainability of natural resource utilisation (Annexure A,
Figures 19 & 20).

Although the same responses were received from spokespersons and respondents inside
the corridor regarding the aspirations of job creation that goes with any kind of
development in the specific district of Mozambique (Annexure A, Figures 21), it was
quite clear that the respondents and spokespersons alike, were scared of any form of
development which included any conservation activities. This attitude was in some
instances conveyed in an antagonistic and even openly aggressive manner to the
researchers. A large percentage of respondents were also not convinced that there would
be any form of development in their area (75.2%), as they have been promised
development so many times in the past without results, that they just don’t believe
anything people from outside might propose. Respondents were on the whole negative
towards any form of Transfrontier Conservation, as they perceive themselves to be the
losers in such a process despite some indicating that tourism might have some positive
results for them (Annexure A, Figure 22).

It must be mentioned that the Futi-corridor is even less developed than the areas outside
the corridor. Apart from the sand track from Salamanga to Manioca, there are no other
infrastructural developments of any kind apart from two school buildings in the whole
area. There are also no services of any kind in the area, and respondents clearly stated
their development needs in the questionnaires (Annexure A, Figure 23).

The people in the corridor literally live in the bush, and are dependent on nature for their
survival. They are also very sceptical towards anything which has to do with

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Futi Corridor - Zoning & Management Proposal

conservation. Even the helicopter flight over the area during May was perceived as
negative, and was immediately brought into relation with our research in the area. One
woman said that she did not want any elephants in the area as they would not only be
dangerous, but would also compete with her children for food, as the birds are doing –
that’s why she kills all birds she can, to eat, and to take away the competition for food for
her children. In this context it is important to note that approximately 80% of respondents
inside the corridor indicated that they eat wild birds, while approximately 40% of
respondents indicated the same outside the corridor.

The research in the corridor is convincing enough to understand that an integrated rural
development programme for first the people of the corridor and then for the other to be
immediately effected people, will have to commence before developers of the LTFCA
will be able to discuss the realistic and sustainable implementation of the greater TFCA
programme.

The final research report for the anthropological component of the larger research project
will be finalised by the end of September 2001.

Sincerely

Prof Herman Els


20 July 2001

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Futi Corridor - Zoning & Management Proposal

APPENDIX 3

APPROXIMATE COORDINATES OF THE PROPOSED FUTI CORRIDOR

(to be supplied)

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APPENDIX 4

LUBOMBO TRANSFRONTIER CONSERVATION


AND RESOURCE AREA PROTOCOL

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GENERAL TRANS-FRONTIER CONSERVATION

AND RESOURCE AREA PROTOCOL

BETWEEN

THE GOVERNMENT OF THE REPUBLIC OF


MOZAMBIQUE

AND

THE GOVERNMENT OF THE REPUBLIC OF SOUTH


AFRICA

AND

THE GOVERNMENT OF THE KINGDOM OF


SWAZILAND

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Preamble

The Government of the Republic of Mozambique, the Government of the Republic of South Africa and the
Government of the Kingdom of Swaziland (hereinafter jointly referred to as the “Parties” and any one of
them as a “Party”),

RECOGNISING the principle of sovereign equality and territorial integrity of their states;

DESIRING the enhancement of the socio-economic conditions of life of the people in the Region through,
among other things, fostering economic growth, maximising job creation, broadening ownership patterns,
and promoting peaceful activities and harmonious interactions among the peoples of the Region;

RECOGNISING the significant interdependence of economic development and conservation within the
Region;

CONSCIOUS of threats posed to the natural environment by its physical destruction or alteration, by over-
utilisation of the resource base, by uncoordinated development, by pollution of land, water and air, and by
the insufficient integration of environmental considerations into the development process;

RECOGNISING that economic development in the Region can be significantly facilitated and promoted
by co-operation among the Parties and harmonisation of approaches and regimes in the areas, among others,
of conservation and land and resource management policies and capacity building;

CONSIDERING that an efficient way of promoting sustained economic development opportunities and
contributing to expedited economic growth and global competitiveness in the Region is to do so by the
creation of an attractive investment environment through the development of stable regulatory frameworks
within which the Parties and investors may operate;

RECOGNISING the intrinsic ecological value of the natural environment in the Region, its unique
geophysical and topographical formations, its global significance as an IUCN International Centre of Plant
Diversity, its wide diversity of fauna including threatened and endangered species, the importance and
sensitivity of life support systems in the Region, and the Region’s cultural, spiritual and historical value;

ACKNOWLEDGING the various relevant international conventions ratified by the Parties, including the
1992 Convention on Biological Diversity and desiring to promote the objectives thereof and to facilitate the
implementation of the understandings therein;

DESIRING to promote sustainable development and utilisation of the natural resource base, the
maintenance of a healthy environment, and holistic cross-border eco-system management;

RECORDING that to enhance the conditions of life of the people in the Region, the Parties initiated the
Lubombo Spatial Development Initiative and concluded a General Protocol in that regard;

Page 1 of 12
RECORDING FURTHER that among the Objectives of the General Protocol were the creation of a stable
and attractive climate for private sector investment through cross-border co-operation in a variety of areas
and to ensure that economic development occurs in a balanced manner consistent with international and
domestic environmental goals and obligations and which recognises the importance of preserving the
Region’s unique environmental wealth;

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Futi Corridor - Zoning & Management Proposal

AND FURTHER RECORDING that among the undertakings of the Parties in the General Protocol were
the undertakings (1) to consult with each other with respect to harmonisation of policies and/or regulatory
regimes with regard to, among other things, appropriate cross-border integration or integrated or co-
ordinated management of conservation areas, and (2) as soon as possible, to draft and implement
appropriate protocols executed by the Parties on transnational regulatory matters;

HEREBY agree as follows:

ARTICLE I

Definitions

In this Protocol, unless the context indicates otherwise:

“Domestic Law” means the domestic law and constitutional requirements in force in the country of a Party;

“General Protocol” means the General Protocol on the Lubombo Spatial Development Initiative entered
into on 5 July 1999, by the Governments of the Republic of Mozambique, the Republic of South Africa and
the Kingdom of Swaziland;

“Lubombo Spatial Development Initiative” has the meaning ascribed to it in the General Protocol;

“Ministerial Committee” means the Trilateral Ministerial Committee on the Lubombo Spatial
Development Initiative established pursuant to the General Protocol;

“Objectives” means the objectives as defined in the General Protocol;

“Region” means the geographical area defined in the General Protocol;

“Representative” means a voting representative of a Party on the TFCA Commission;

“Responsible Minister” means the Cabinet Minister(s) responsible for economic and environmental affairs
appointed by a Party to the Ministerial Committee or such heads of ministerial departments to which such
Cabinet Minister(s) may from time to time delegate responsibilities in terms of this Protocol;

“Secretariat” means the Secretariat referred to in Article 6(2) hereof;

“Task Team” means the Trilateral Task Team established pursuant to the General Protocol;

Page 2 of 12
“TFCA” or “Trans-Frontier Conservation and Resource Area” means a specific geographical area
divided by one or more international political borders, which is identified by two or more of the Parties to
be the subject of TFCA Management;

“TFCA Commission” means the Trans-Frontier Conservation and Resource Area Commission established
pursuant to Article 4 hereof;

“TFCA Management” means the joint arrangements or programmes determined by two or more of the
Parties to be applied to or in respect of a TFCA;

“TFCA Objectives” means the objectives set forth in Article 2 hereof;

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“TFCA Task Group” means the task groups referred to in Article 3 hereof to be established by two or
more of the Parties in respect of a TFRCA.

ARTICLE 2
Trans-Frontier Conservation and Resource Area Objectives

The TFCA Objectives of the Parties with respect to the Region as well as particular TFCA’s are to create an
enabling framework to facilitate the following:

(1) economic development through appropriate optimisation of opportunities presented by the Parties’
natural assets;
(2) ecologically and financially sustainable development, the sustainable utilisation of the natural
resource base, and the maintenance of ecosystem function through holistic and integrated
environmental planning and management;
(3) the development of joint strategies (including regional funding strategies) for transfrontier
ecological planning and resource management for TFCA’s;
(4) the provision of guidance for the encouragement, formulation and implementation of agreements,
programmes and arrangements with regard to such joint strategies;
(5) the establishment of a mechanism for joint review, supervision and decision-making with respect
to such agreements, programmes and arrangements;
(6) mutual consultation and assistance in the practical implementation of the objectives and
undertakings related to TFCA Management and possible improvement in such management,
including joint regulation and policing/security issues;
(7) the exchange of scientific, technical, legal and any other information relevant to TFCA
Management;
(8) the joint development of administrative, technical and scientific capacity at various levels of
community and governmental structures;
(9) the involvement of communities in and adjacent to TFCA’s through consultation. representation
and participation in TFCA Management;

Page 3 of 12
(10) the recognition and accommodation of traditional activities and culture of local communities in the
TFCA’s taking into account the maintenance of ecosystem integrity;
(11) the identification of opportunities to broaden ownership patterns in the TFCA’s through among
others, the encouragement of local small business, of community-owned ventures, and of joint
ventures with domestic and global investors;
(12) joint education, marketing and publicity campaigns to further TFCA Objectives;
(13) the promotion of the objectives and implementation of the Parties’ undertakings with respect to
relevant international conventions ratified by the Parties; and
(14) the supporting and strengthening of existing and proposed initiatives underway in respect of these

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objectives in the Region and the creation of an enabling framework to assist such initiatives and to
create synergies between and among them.

ARTICLE 3
Undertakings by the Parties

In furtherance of the Objectives and the TFCA Objectives, the Parties shall:

(1) delegate or grant to the TFCA Commission (established pursuant to Article 4 hereof) such powers
and authorise it to perform such duties, under and subject to Domestic Law, as are necessary for
the successful achievement of the TFCA Objectives and as are set forth in Article 5 hereof;
(2) implement policies, procedures, and, where necessary, legislation and/or regulations, including the
harmonisation of such legislation and/or regulations, to ensure a coordinated approach by the
Parties to the TFCA Objectives, with the advice and guidance of the TFCA Commission;
(3) consult and co-operate with each other and the TFCA Commission in respect to the facilitation of
the work of the TFCA Commission;
(4) consult and co-operate with each other in the implementation of these undertakings and the TFCA
Objectives;
(5) inform each other timeously of activities within the jurisdiction of any Party of which they are or
become aware that may negatively impact on a TFCA;
(6) consult on how to prevent or minimise such negative impacts and implement such agreed actions
as are necessary to prevent or minimise such impacts;
(7) inform each other on a regular basis as to the measures introduced or to be introduced by any Party
in implementation of this Protocol;
(8) provide, as necessary, seed monies on an agreed basis for the administration costs of the TFCA
Commission and provide all reasonable assistance to the TFCA Commission in identifying local
regional, national and international funding sources and in obtaining funds from such sources;

Page 4 of 12
(9) consider the conclusion of additional Protocols to establish TFCA Task Groups and any other joint
management mechanisms for specific TFCA’s to effect the TFCA Objectives; and
(10) review, on an ongoing basis, the performance of and continued need for the TFCA Commission.

ARTICLE 4

Establishment and Constitution of the Trans-Frontier Conservation and Resource


Area Commission

(1) The Parties hereby establish the TFCA Commission.

(2) The Responsible Minister of each Party, in consultation with that Party’s representatives on the

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Ministerial Committee, shall appoint three Representatives to the TFCA Commission, consisting of
appropriate conservation and resource area management experts, tourism and development experts
and representatives of relevant government economic, environmental and tourism authorities, or
such other number of Representatives as may be agreed upon by the Ministerial Committee from
time to time.

(3) The TFCA Commission may propose to the Ministerial Committee other appropriate persons as
non-voting members (or advisers or observers) of the TFCA Commission.

(4) Within three months of the entry into force of this Protocol, each Responsible Minister shall have
appointed the respective Representatives and shall have, within such period, communicated the
names of such Representatives to the Ministerial Committee. Each Responsible Minister may at
any time, in due consultation with the Ministerial Committee, terminate such appointment and
appoint any other appropriate person. Any Representative who does not attend more than two duly
called and notified consecutive meetings of the TFCA Commission may be replaced by the
Responsible Minister.

(5) The Responsible Minister may invite such other appropriate persons as advisers to or observers on
the TFCA Commission as may be appropriate or necessary for the achievement of the TFCA
Objectives and as may be agreed by the Parties.

(6) The Chair of the TFCA Commission shall be one of the Representatives appointed pursuant to
Article 4(2) which shall alternate among the Parties every two years unless otherwise agreed by the
Responsible Ministers. The Chair for the first two years shall be appointed by the Responsible
Minister of the Government of South Africa.

Page 5 of 12
ARTICLE 5

Duties and Powers of the TFCA Commission

The TFCA Commission shall perform such authorised duties and exercise such powers as are granted to it
in order to achieve the TFCA Objectives and, in particular without limitation, the TFCA Commission:

(1) may establish a fund to meet its administrative costs (the “Fund”);

(2) is authorised to solicit and accept contributions for the Fund and to allocate, apply and disburse the
monies in the Fund to meet its administrative costs;

(3) is authorised to consult with, enter into consultation arrangements with, and gather information
from any appropriate person in order to assist the TFCA Commission in achieving the TFCA
Objectives;

(4) is authorised to have access to all relevant government entities for appropriate information and

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assistance;

(5) shall provide the Ministerial Committee and the Task Team on an annual basis with three copies of
the complete, independently audited financial statements for the previous financial year as well as
a report of the previous financial year’s activities and a plan for the subsequent two years;

(6) shall establish reporting requirements for TFCA Task Groups;

(7) shall set out fund-raising and disbursement procedures for TFCA Task Groups and ensure co-
ordination among them in that regard;

(8) shall assist, co-ordinate and, where necessary or required by the Ministerial Committee, supervise
TFCA Task Groups and any other joint management mechanisms for specific TFCA’s and shall
monitor the introduction and implementation of other TFCA-related Protocols and shall make
recommendations in that regard to the Ministerial Committee;

(9) shall advise and report to the Ministerial Committee and the Task Team as they may reasonably
require and shall identify and recommend the adoption and implementation of such policies and
measures as may be necessary to ensure the achievement of the TFCA Objectives; and

(10) shall take such actions as are necessary to implement the activities referred to in Article 6.

Page 6 of 12
ARTICLE 6
Functioning of the TFCA Commission

(1) Management meetings of the TFCA Commission shall take place three times a year at a time and
venue as may be determined by the TFCA Commission. The frequency, time and venue of all other
meetings shall be determined by the TFCA Commission as appropriate.

(2) Subject to the availability of appropriate funding, the TFCA Commission shall as soon as possible
establish a permanent Secretariat to provide organisational and information services to the TFCA
Commission, and, subject to Article 6 (5) hereof, to assist in implementation of the duties and
policies of the TFCA Commission, and to represent the TFCA Commission to the Ministerial
Committee, to other relevant Ministers of the Parties as and when appropriate, and to the Task
Team. The Secretariat shall have one representative from each Party appointed by the Responsible
Minister and a coordinator mutually agreed by the Ministerial Committee.

(3) The Task Team shall act to the extent possible as such Secretariat for the first twelve (12) months
from the entry into force of this Protocol or until the establishment of the permanent Secretariat,
whichever is earlier. The TFCA Commission may, if necessary, extend the mandate of the Task
Team to act as a Secretariat for a further period of time.

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(4) The hosting member(s) of the TFCA Commission shall be responsible for preparation and timeous
distribution of the proposed agenda, the recording and distribution of the minutes and the making
available of a suitable venue, unless such duties can be assumed by the Secretariat.

(5) A quorum for decision-making shall consist of two Representatives of each Party. All decisions of
the TFCA Commission shall be taken on the basis of consensus among the Representatives, save
that for decisions relating to matters affecting only two Parties, such decisions shall be taken on the
basis of consensus among the Representatives of such two Parties. In the event of the TFCA
Commission failing to reach consensus, the matter under discussion shall be referred to the Task
Team which, if unable to resolve the matter to the satisfaction of the TFCA Commission, shall
refer the matter to the Ministerial Committee.

(6) The TFCA Commission shall establish its own rules of procedure in so far as its internal structure
and meetings are concerned.

(7) The secretarial duties to the TFCA Commission shall be supplied by the TFCA Commission
members hosting a particular meeting, unless such duties can be assumed by the Secretariat.

Page 7 of 12
ARTICLE 7
Financial Arrangements

(1) Until such time as the Fund has sufficient monies pursuant to Article 5(2), each Party shall, in
respect of all meetings of the TFCA Commission, be responsible for all costs incurred in
connection with the attendance and participation of its members, advisers and observers on the
TFCA Commission.

(2) At such time when the Fund has sufficient monies pursuant to Article 5(2), the TFCA Commission
members hosting a particular meeting of the TFCA Commission shall be responsible for all costs
incurred in making a venue available for the meeting, the preparation and distribution of the
proposed agenda, the recording and distribution of the minutes, and the provision of secretarial
services, unless any such costs are to be assumed by the Secretariat.

ARTICLE 8
Dispute Settlement

(1) If any dispute arises among any of the Parties as to the interpretation, application or performance
of this Protocol, including its existence, validity or termination, such dispute shall be first referred
by any Party(s) to the other Party(s) for negotiation and amicable settlement.

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(2) If such dispute cannot be settled amicably. any Party may submit such dispute to final and binding
arbitration in accordance with the Permanent Court of Arbitration Optional Rules for Arbitrating
Disputes Between Two States, as in effect on the date of signature of this Protocol.

(3) The appointing authority shall be the Secretary General of the Permanent Court of Arbitration at
The Hague.

ARTICLE 9
Respect for National Legislation and Other Agreements

Nothing in this Protocol shall he deemed as derogating from any provision of the Domestic Law of any
Party or any obligations assumed by a Party under agreements previously concluded.

Page 8 of 12
ARTICLE 10
Respect for National Initiatives

Nothing in this Protocol shall be deemed as derogating from national initiatives and development
procedures and the funding for such initiatives and procedures within any TFCA consistent with TFCA
Objectives.

ARTICLE 11
Amendment of the Protocol and Entry into Force of Amendment

(1) This Protocol may be amended by mutual agreement among the Parties.
(2) An amendment mutually agreed to by the Parties shall enter into force on the date on which each
Party has notified the other Parties through the usual diplomatic channels of its compliance with
the constitutional requirements necessary for the implementation of the relevant amendment.

ARTICLE 12
Entry into Force of the Protocol

(1) This Protocol shall enter into force on the date on which each Party has notified the other Parties in
writing through the usual diplomatic channels of its compliance with the constitutional
requirements necessary for the implementation of this Protocol.
(2) This Protocol shall terminate as between the terminating Party and the other Parties on a day three
months after the date upon which such Party has given the other Parties notice in writing of the
proposed termination.

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ARTICLE 13

Adhesion by Other Governments

The Government of any State with a common geographic boundary with one or more of the Parties may,
with the prior written consent of the Parties, adhere to this Protocol without need for amendment of this
Protocol, in which event that Government shall be included in the definition of Party and the provisions of
this Protocol shall apply to such new Party insofar as to trans-frontier conservation and resource issues
directly relevant to such new Party. In such event, the new Party shall be entitled to appoint Representatives
to the TFCA Commission on the same terms and conditions as the other Parties. Such new Party shall also
be entitled to appoint a Responsible Minister to the Ministerial Committee and a representative to the Task
Team and the provisions of the General Protocol shall apply to it insofar as to trans-frontier conservation
and resource issues directly relevant to such new Party.

Page 9 of 12

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LUBOMBO NDUMU-TEMBE-FUTI TRANS-FRONTIER


CONSERVATION
AND RESOURCE AREA PROTOCOL

BETWEEN

THE GOVERNMENT OF THE REPUBLIC OF MOZAMBIQUE


AND

THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA

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Preamble
The Government of the Republic of Mozambique and the Government of the Republic of South Africa
(hereinafter jointly referred to as the ‘Parties” and either of them as a ‘Party”),

BEING Parties to the General Protocol and the TFCA Protocol;

RECORDING their commitment to the Objectives and the TFCA Management Objectives;

RECOGNISING the global significance of the Area as an IUCN listed Centre of Plant Diversity containing
many sensitive and unique ecosystems and sustaining important ecological processes;

FURTHER RECOGNISING the trans-national nature of the ecosystems in the Area and the need for co-
operation in their effective management and maintenance;

AWARE of the economic opportunity presented by the richness of the natural resource base of the Area and
its potential for tourism and nature-based developments;

RESPECTING the reliance of local communities on the natural resource base in the Area and the need for
them to be integrally involved in and to benefit from any development of the Area;

WISHING to develop the Area in a sustainable manner for the benefit of both countries and its citizens and
to prosper jointly from this development, now and in the future;

ACKNOWLEDGING the existence of the Mozambique Transfrontier Conservation Areas Pilot and
Institutional Strengthening Project presently underway in Mozambique and wishing to support that
initiative;

HEREBY agree as follows:

ARTICLE 1

Definitions

In this Protocol, unless the context indicates otherwise:

“Area” means the Ndumu-Tembe-Futi TFCA;


“Domestic Law” means the domestic law and constitutional requirements in force in the country of a Party;
“General Protocol” means the General Protocol on the Lubombo Spatial Development Initiative entered
into on 5 July 1999, by the Governments of the Republic of Mozambique. the Republic of South Africa and
the Kingdom of Swaziland;
“Lubombo Spatial Development Initiative” has the meaning ascribed to it in the General Protocol;
“Ministerial Committee” means the Trilateral Ministerial Committee on the Lubombo Spatial
Development Initiative established pursuant to the General Protocol;
“Mozambique Transfrontier Conservation Areas Pilot and Institutional Strengthening Project”
means a project aimed at assisting the Government of Mozambique to create enabling policies, activities
and institutional frameworks for rehabilitating, conserving and managing its unique biodiversity and natural
resource endowments in three transfrontier conservation areas, including part of the Area.
Page 1 of 11
“NTF Task Group” means the TFCA Task Group established pursuant to Article 4 of this Protocol;
“NTF TFCA” or “Ndumu-Tembe-Futi Trans-Frontier Conservation and Resource Area” means
Tembe Elephant Reserve, Ndumu Game Reserve, Futi Corridor and the Maputo Elephant Reserve (each
need definition);
“NTF TFCA Objectives” means the objectives set forth in Article 2 hereof; “Objectives” means the

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objectives as defined in the General Protocol;


“Region” means the geographical area defined in the General Protocol;
“Representative” means a voting representative of a Party on the NTF Commission;
“Responsible Minister” means the Cabinet Minister(s) responsible for economic and environmental affairs
appointed by a Party to the Ministerial Committee or such heads of ministerial departments to which such
Cabinet Minister(s) may from time to time delegate responsibilities in terms of this Protocol;
“Secretariat” means the Secretariat referred to in Article 6 (2) hereof;
“Task Team” means the Trilateral Task Team established pursuant to the General Protocol;
“TFCA” or “Trans-Frontier Conservation and Resource Area” means a specific geographical area
divided by one or more international political borders, which is identified by two or more of the Parties to
the TFCA Protocol to be the subject of TFCA Management;
“TFCA Commission” means the Trans-Frontier Conservation and Resource Area Commission established
pursuant to the TFCA Protocol;
“TFCA Management” means the joint arrangements or programmes determined by two or more of the
Parties to be applied to or in respect of a TFCA;
“TFCA Objectives” means the objectives set forth in Article 2 of the TFCA Protocol;
“TFCA Protocol” means the General Trans-Frontier Conservation and Resource Area Protocol entered into
on 22 June 2000, by the Governments of the Republic of Mozambique, the Republic of South Africa and the
Kingdom of Swaziland;
“TFCA Task Group” means the task groups referred to in the TFCA Protocol to be established by two or
more of the Parties in respect of a TFCA.

ARTICLE 2

Ndumu-Tembe-Futi Trans-Frontier Conservation and Resource Area

Objectives

The NTF TFCA Objectives of the Parties are as follows:

(1) (a) To realise economic returns from tourism and associated activities within the Area, while
safeguarding its ecological integrity. and to promote the sustainable socio-economic
development of the Area 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;

Page 2 of 11
(b) to address the needs and aspirations of local communities by ensuring their direct
participation in and/or ownership of and/or derivation of benefit from any programmes or
initiatives that are undertaken in the Area and encouraging or empowering them to do so
in whatever way is possible and appropriate;
(c) to accommodate within appropriate management regimes for the Area a broad spectrum
of human activities compatible with the protection and management of the terrestrial and

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aquatic ecosystems in the Area;

(2) (a) To protect depleted, threatened, rare or endangered species and populations in the Area and,
in particular, to preserve habitats in the Area considered critical for the survival of such
species;
(b) to maintain those ecological processes which characterise the Area and to protect the
integrity of ecosystem structure and function in the Area;
(c) to prevent outside activities from detrimentally affecting the Area by identifying such
threats and undertaking appropriate action to remove or mitigate such threats

(3) (a) To preserve, protect and manage any historical and cultural sites and natural aesthetic values
of terrestrial and aquatic areas in the Area, for present and future generations;
(b) to facilitate the interpretation of terrestrial and aquatic ecosystems in the Area for the
purposes of conservation, education and tourism;
(c) to provide for research and training, and for monitoring the environmental effects of
human activities in and near the Area, including the direct and indirect effects of
development and adjacent land-use practices;

(4) (a) To make full use of the opportunities and advantages offered by the transnational
nature of the Area and to use this to maximum effect in meeting these objectives;
(b) to promote cross border co-operation and interaction between the Parties at all levels
including that of local communities, private sector, non-governmental organisations and
government agencies;
(c) to support the Mozambique Transfrontier Conservation Areas Pilot and Institutional
Strengthening Project and, in consultation with all relevant stakeholders, jointly to
develop programmes to further its aims;
(d) to attempt to resolve any specific problems in the Area but solely in the jurisdiction of
either Party which may impact on these objectives;
(e) to investigate options for the facilitation of cross-border movement, the positioning of
fences, and the possible creation of visa-free areas or reserves;
(f) to create an enabling framework to facilitate the achievement of these objectives; and
(g) to perform strategic studies in order to formulate an agreed programme to implement
these objectives.

Page 3 of 11
ARTICLE 3

Undertakings by the Parties

In furtherance of the Objectives and the TFCA Objectives, and, specifically. the NTF TFCA Objectives, the
Parties shall:

(1) delegate or grant to the NTF Task Group (established pursuant to Article 4 hereof) such powers
and authorise it to perform such duties, under and subject to Domestic Law, as are necessary for

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the successful achievement of the NTF TFCA Objectives and as are set forth in Article 5 hereof;
(2) implement policies, procedures, and, where necessary, legislation and/or regulations. including the
harmonisation of such legislation and/or regulations, to ensure a coordinated approach by the
Parties to the NTF TFCA Objectives, with the advice and guidance of the NTF Task Group;
(3) consult and co-operate with each other and the NTF Task Group in respect to the facilitation of the
work of the NTF Task Group;
(4) consult and co-operate with each other and the NTF Task Group in the implementation of these
undertakings and the NTF TFCA Objectives;
(5) inform each other and the NTF Task Group timeously of activities within the jurisdiction of any
Party of which they are or become aware that may negatively impact on the Area and consult on
how to prevent or minimise such impact and implement such agreed actions as are necessary to
prevent or minimise such impact;
(6) inform each other and the NTF Task Group on a regular basis as to the measures introduced or to
be introduced by any Party in implementation of this Protocol;
(7) provide, as necessary. seed monies on an agreed basis for the administration and project costs of
the NTF Task Group and provide all reasonable assistance to the NTF Task Group in identifying
local, regional, national and international funding sources and in obtaining funds from such
sources; and
(8) review, on a periodic basis, the performance of and continued need for the NTF Task Group.

ARTICLE 4

Establishment and Constitution of the NTF Task Group

(1) The Parties hereby establish the NTF Task Group.


(2) The Responsible Minister of each Party, in consultation with that Party’s representative(s) on the
TFCA Commission, shall appoint three Representatives to the NTF Task Group, consisting of
appropriate conservation and resource area management experts, tourism and development experts
and representatives of relevant government and implementing agencies, or such other number of
Representatives as may be agreed upon by the Ministerial Committee from time to time in
consultation with the TFRCA Commission.

Page 4 of 11
(3) The NTF Task Group may propose to the TFCA Commission other appropriate persons as non-
voting members (or advisers or observers) of the NTF Task Group.

(4) Within three months of the entry into force of this Protocol, each Responsible Minister shall have
appointed the respective Representatives and shall have, within such period, communicated the
names of such Representatives to the Ministerial Committee. Each Responsible Minister may at
any time, in due consultation with the Ministerial Committee, terminate such appointment and
appoint any other appropriate person. Any Representative who does not attend more than two duly
called and notified consecutive meetings of the NTF Task Group may be replaced by the
Responsible Minister.

(5) The Responsible Minister may invite such other appropriate persons as advisers to or observers on

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the NTF Task Group as may be appropriate or necessary for the achievement of the NTF TFCA
Objectives and as may be agreed by the Parties.

(6) The Chair of the NTF Task Group shall be one of the Representatives appointed pursuant to
Article 4(2) which shall alternate between the Parties every two years unless otherwise agreed by
the Responsible Ministers of the Parties. The Chair for the first two years shall be appointed by the
Responsible Minister of the Government of South Africa.

ARTICLE 5

Duties and Powers of the NTF Task Group

The NTF Task Group shall perform such authorised duties and exercise such powers as are granted to it in
order to achieve the NTF TFCA Objectives and, in particular without limitation, the NTF Task Group:

(1) may establish a fund to meet its administrative costs and implement approved projects (the
“Fund”). subject to guidance and directives from the TFCA Commission;
(2) is authorised to solicit and accept contributions for the Fund and to allocate, apply and disburse the
monies in the Fund to meet its administrative and project costs, subject to guidance and directives
from the TFCA Commission;
(3) shall provide the Ministerial Committee and the TFCA Commission on an annual basis with three
copies of the complete, independently audited financial statements for the previous financial year
as well as a report of the previous financial year’s activities and a plan for the subsequent two
years;
(4) shall advise and report to the Ministerial Committee and the TFCA Commission as they may
reasonably require and shall identify and recommend the adoption and implementation of such
policies and measures as may be necessary to ensure the achievement of the NTF TFCA
Objectives;
(5) shall, within [18] months of the appointment of all Representatives, have drafted a detailed
programme to implement the NTF TFCA Objectives (“Implementation

Page 5 of 11
Programme”) to be submitted for comment and/or approval to the TFCA Commission and relevant
government agencies as directed by the TFCA Commission;
(6) is authorised to perform and commission such studies as are necessary for the development and
drafting of an Implementation Programme;
(7) shall make detailed recommendations, in the framework of an Implementation Programme, as to
permanent joint management mechanisms to achieve and maintain some or all of the NTF TFCA
Objectives, and as to the continued role (if any) of the NTF Task Group;
(8) shall have access to all relevant government entities for appropriate information and assistance;
and
(9) shall take such actions as are necessary to implement the activities referred to in Article 6.

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ARTICLE 6

Functioning of the NTF Task Group

(1) Management meetings of the NTF Task Group shall take place three times a year at a time and
venue as may be determined by the NTF Task Group. The frequency, time and venue of all other
meetings shall be determined by the NTF Task Group as appropriate.
(2) Subject to the availability of appropriate funding, the NTF Task Group shall as soon as possible
establish a permanent Secretariat to provide organisational and information services to the NTF
Task Group, and, subject to Article 6(5) hereof, to assist in implementation of the duties and
policies of the NTF Task Group. Until the establishment of such Secretariat, the Responsible
Ministers shall each designate one Representative official to act as the key contact person for the
NTF Task Group.
(3) The hosting member(s) of the NTF Task Group shall be responsible for preparation and timeous
distribution of the proposed agenda, the recording and distribution of the minutes and the making
available of a suitable venue, unless such duties can be assumed by the Secretariat.
(4) A quorum for decision-making shall consist of two Representatives of each Party. All decisions of
the NTF Task Group shall be taken on the basis of consensus among the Representatives. In the
event of the NTF Task Group failing to reach consensus, the matter under discussion shall be
referred to the TFCA Commission which, if unable to resolve the matter to the satisfaction of the
NTF Task Group, shall refer the matter to the Ministerial Committee.
(5) The NTF Task Group shall establish its own rules of procedure in so far as its internal structure
and meetings are concerned.
(6) The secretarial duties to the NTF Task Group shall he supplied by the NTF Task Group members
hosting a particular meeting, unless such duties can be assumed by the Secretariat.

Page 6 of 11
ARTICLE 7

Financial Arrangements

(1) Until such time as the Fund has sufficient monies pursuant to Article 5(2), each Party shall, in
respect of all meetings of the NTF Task Group, be responsible for all costs incurred in connection
with the attendance and participation of its members, advisers and observers on the NTF Task
Group.
(2) At such time when the Fund has sufficient monies pursuant to Article 5(2), the NTF Task Group
members hosting a particular meeting of the NTF Task Group shall be responsible for all costs
incurred in making -a venue available for the meeting, the preparation and distribution of the
proposed agenda, the recording and distribution of the minutes, and the provision of secretarial
services, unless any such costs are to be assumed by the Secretariat.

ARTICLE 8

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Dispute Settlement

(1) If any dispute arises between the Parties as to the interpretation, application or performance of this
Protocol, including its existence, validity or termination, such dispute shall be first referred by
either Party to the TFCA Commission and the Ministerial Committee for negotiation and
recommendations on amicable settlement.
(2) If such dispute cannot be settled amicably, either Party may submit such dispute to final and
binding arbitration in accordance with the Permanent Court of Arbitration Optional Rules for
Arbitrating Disputes Between Two States, as in effect on the date of signature of this Protocol.
(3) The appointing authority shall be the Secretary General of the Permanent Court of Arbitration at
The Hague.

Page 7 of 11
ARTICLE 9

Respect for National Legislation and Other Agreements

Nothing in this Protocol shall be deemed as derogating from any provision of the Domestic Law of any
Party or any obligations assumed by a Party under agreements previously concluded.

ARTICLE 10

Respect for National Initiatives

Nothing in this Protocol shall be deemed as derogating from national initiatives and development
procedures and the funding for such initiatives and procedures within any TFCA consistent with TFCA
Objectives.

ARTICLE 11

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Amendment of the Protocol and Entry into Force of Amendment

(1) This Protocol may be amended by mutual agreement between the Parties.
(2) An amendment mutually agreed to by the Parties shall enter into force on the date on which each
Party has notified the other Party through the usual diplomatic channels of its compliance with the
constitutional requirements necessary for the implementation of the relevant amendment.

ARTICLE 12

Entry into Force of the Protocol

(1) This Protocol shall enter into force on the date on which each Party has notified the other Party in
writing through the usual diplomatic channels of its compliance with the constitutional
requirements necessary for the implementation of this Protocol.
(2) This Protocol shall terminate as between the terminating Party and the other Party on a day three
months after the date upon which such Party has given the other Party notice in writing of the
proposed termination.

Page 8 of 11

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