LUBOMBO NDUMU- TEMBE-FUTI TRAN~-FRONTIER

CONSERVATION I

ANDRESOURCEAREAPROTOqOL

BETWEEN

THE GOVERNMENT OF THE REPUBLIC OF ~OUTH AFRICA

AND
THE GOVERNMENT OF THE REPUBLIC OF ~OZAMBIQUE
 TABLE OF CONTENTS

~
Preamble
100 ,

ARTICLE 1 ,
1
Definitions
ARTICLE 2 ~ 2
~

ARTICLE 3
3
Undertakings by the Parties
3
ARTICLE 4 ,
""""'1.; 4
Establishment and Constitution of the NTF Task Group. , 4
Duties
ARTICLEand Powers
5 of the NTF Task Group
5
5
ARTICLE
Functioning 6of the NTF Task Group...
6
~ 6
~ .
ARTICLE 7 ~ , 6

Financial Arrangements .
"""
6
ARTICLE 8 7
Dispute Settlement /. 7
ARTICLE 9 7
Respect for National Legislation and Other Agreements .. 7
ARTICLE 10 , 7

Respect for National Initiatives. 7

ARTICLE 11 . 7
Amendment of the Protocol and Entry into Force of Amendment... 7
ARTICLE 12 8
Entry into Force of the Protocol 8
ARTICLE 13 8
Deposit willi tlle United Na.tions, 8

{I)

,...
,
Preamble
The Government of the Republic of Mozambique and the Gove~ment of the Republic of
South Africa (hereinafter jointly referred to as the "Parties" and eith~r of them as a "Party"),
BEING Parties to the General Protocol and the TFCA Protocol;
RECORDING their commitment to the Objectives and the TFCA anagementObjectives;
RECOGNISING the global significance of the Area as an IV N listed Centre of Plant
ecological processes; many sensitive and unique ecosystems
Diversity containing nd sustaining important
.

FURTHER RECOGNISING the trans-national nature of the ecos stemsin the Area and the
need for co-operation in their effective management and maintenan e;
AW ARE
Areaofand
theits
economic
potentialopportunity
for tourism presented by the richness 0 nts;
the natural
of the and nature-based developm . resource base

RESPECTING the reliance of local communities on the natural esourcebase in the Area
and the need for them to be integrally involved in and to benefit fro any development of the
Area;
WISHING to develop the Area in a sustainable manner for tl.1ebe efit of both countries and
its citizens and to prosper jointly from this development, now and i the future;
ACKNOWLEDGING ..
the existence of the Mozambique Transfr ntier Conservation Areas
Pilot and Institutional Strengthening Project presently underway in ozambique and wishing
to support that initiative;
HEREBY agree as follows: .I .

ARTICLE 1
Definitions
In this Protocol,unlessthe contextindicatesotherwise:
"Area" means the Ndul11U-
Tembe-Futi TFCA;
"Domestic Law" means the domestic law and constitutional req~lirementsin force in the
country of a Party; ,\
"General Protocol" means the General Protocol on the LUbon f o Spatial Development

Initiative e~1tered into on ? Jul)' 1999, ?y the Governm.ents of the epublic of Mozambique,

the RepublIc of South AfrIca and the Kmgdom of Swaziland;

':~ubom.bo Spatial Dcvclopmcnt Initiativc" j
has tile meaning as ribed to it in the General
) lotocol, ,c'c'
"Ministeri~\l Committee" mealis the '[rilateral Ministerial Con mi1tce on the }:"ubornbo
Spatial Devc]o,pmenl Jnitiative established pursuant to the General} rotocoJ;
"1\1()'/.ambi'l1l(~ 'J'r~\l\~froll(i('.r C()n~c.r\'~1ti()n Ar(~as Pilot ~md In tit\ltion~\1 Strcllgthening
1)1'().i('.t~t"means a pro.iecl ~li}~1ed ~1lassjslil)l~ the C30vcrnmcnl f 1\10z;ambique to create
CI1abliI1[.!;polic;ics, ac:livilics ~\Ild illstituliollal fi'~\mcworks i'ol" reha )ililalil)g, c~nsr.rving and
111ana~l,iI1~~ its IlniC\llt: bioclivel.sily al)cl n(llllrc11 rCSOllr(:c cn(Jowm nt.<;il1 tI11"(~<'>'
lr::msfrontie.r
(:()Il~;(:rvalioll clrl:(ls)ij1.(:11Idil\.!:~
!Jarl (lrlnc J\rca. , -<
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 "NTF Task Group" means the TFCA Task Group established p rsuant to Article 4 of this
Protocol; ,

"NTF TFCA" or "Ndumu- Tcmbc-Futi Trans-Fronticr Con cn'ation and Resourcc

Arca" means Tembe Elephant Reserve, Ndumu Game Reserve, Fu i Corridor and the Maputo
Elephant Reserve [each need definiton];
"NTF TFCA Objectives" means the objectives set forth in Article 2 hereof;

"Objectives" means the objectives as defined in the GeneralProt 01;

"Region" means the geographical area defined in the General Prot col;
"Representative" means a voting representativeof a Party on the TF Commission;

"Responsible Minister" means the Cabinet Minister(s) reSPO ~ ible for economic and

environmental affairs appointed by a Party to the Ministerial Co mittee or such heads of

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

"Secretariat" means the Secretariat referred to in Article 6 (2) here~f;

"Task Team" meansthe Trilateral Task Team established pursuan~to the General Protocol;
"TFCA" or "Trans-Frontier Consen'ation and Rcsource rea" means a specific
geographical area divided by one .ormore internatio~al 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 Management" means the joint arrangements"or program es 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 oft e TFCA Protocol;
"TFCA Protocol" means the General Trans-Frontier Conserv tion and Resource Area
Protocol entered into on 22 June 2000, by the Governn1ents of the epublic of Mozambique,
the Republic of South Africa and the Kingdom of Swaziland;
"TFCA Task Group" means the task groups referred to in t e 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 I~esource Area

OJ,).iectives
NTl~' l:'CA Ob.jectivcs ofthc.Parlies arc as fo]]ows

(1) (a) rl~oreatisc ecollomic retllJ'JlSfrom tourism alld asso iatcd activities within the
Arca) while safegunrdil1g ils!:,-cologic.al integri y) and .fo promote the
.;. ,( .
sllsl..alntlblc:~9ClQ-ccon9mlc Q\;,:vc)opmcI1t of tl1e!!;}J..~1.,;joli,..tj1e
bCIlefit of all
1h<::Ob.icc:tivcs aod and 10
1hc'1.l"'~:l\to this c:n(~;,:c

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 (b) to address the needs and aspirations of local com unities by ensuring their
direct participation in and/or ownership of and/or erivation or benefit from
any programmes or initiatives that are undertaken in the Area and encouraging
or empowering them to do so in whatever way is pos ible and appropriate;

to accommodate within appropriate managementregimes for the Area a broad

spectrum of human activities compatible with the p tection and management
of the terrestrial and aquatic ecosystems in the Area;
(2) (a) To protect depleted, threatened,rare or endangered eciesand populations in
the Area and, in particular, to preserve habitats in th Area considered critical
for the survival of suchspecies;
to maintain those ecological processes which cha cterise the Area and to
protect the integrity of ecosystemstructure and functi n in the Area;
(c)- to prevent outside activities from detrimentally affecting the Area by
identifying such threats and undertaking appropri te 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 t e Area, for present and
future generations;

(b) to facilitate the interpretation of terreslrial and aquat c ecosystemsin the Area
for the purposes of c;onservation,education and touri m;

(c) to provide for research and tmining, and for moni oring the environmental
effects of human activities in and near the Area, including the direct and
indirect effects of developmentand adjacentland-use practices;
.1
(4) (a) To make full use of the opportunities and ad antages offered by the
transnational nature of the Area and to use this to m ximum effect in meeting
these objectives;

(b) to promote cross border co-operation and interaction betweenthe Parties at all
levels including that of local communities, private ector, non-governmental
organisations andgovernnlent agencies;
(c) to support the Mozambique Transfrontier Conse vation Areas Pilot and
Institutional Strengthening Project and, in consu tation with all relevant
stakeholders,.jointly to develop programmes to forth r its aims;
to attempt to resolve any specific problems in th Area but soleI)' in the
jurisdiction of either Paliy which may impact on tIles ob.iectives;

(e) to in\'estigatc options for the facilitation of cro s-border mo\'ement, the
positioning of fences, and the possible creation of vis -free arcas or reserves;

(1) to create an enabling fi'ame\\'ork to facilitate tI c achic\'cmcnt of these

ob.iccli\'cs; and
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l' ectivcs.
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 ARTICLE 3
Undertakings by the Parties t .
In ~urt~e.rance of the Objectives and the TFCA Objectives, and, sp cifically, the NTF TFCA
ObjectIves, the Parties shall: .

delegate or grant to the NTF Task Group (established pur uant to Article 4 hereof)
such powers and al.lthorise it to perform such duties. under and subject to Domestic
Law. as are necessaryfor the successful achievement of th NTF TFCA Objectives
and as are set forth in Article 5 hereof;

implement policies. procedures. and. where necessary.legislation and/or regulations.

including the harmonisation of such legislation and/or reg lations. to ensure a co-
ordinated approach by the Parties to the N~F TFCA Object ves. with the advice and
guidance of the NTF Task Group;
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 N Task Group in the
implementation of these undertakings and the NTF TFCA a 'ectives;
(5) infoffi1 each other and the NTF Task Group timeously of activities within the
jurisdiction of any Party of which they are or become a are that may negatively
impact on the Area and consult on how to ~revent or m nimise such impact and
implement such agreed actions as are necessaryto prevent or inimise such impact;
(6)
..
inform each other and the NTF Task Group on a regular asis as to the measures
introduced or to be introduced by ~ny Party in implementatio of this Protocol;

(7) provide. as necessary. seed monies on an agreed basis fo the administration and
project costs of the NTF Task Group and provide all reasona Ie assistaQceto the NTF
Task Group in identifying local. regional. national and inte ational ftmding sources
and in obtaining funds from suchsources; and

(8) ~;~~;' on a periodic basis,the perfo.rmance

of and.conti.n~~d
needfor the NTF Task

ARTICLE 4
Establishment and Constitution of the NTF Task Group

(1) '[he Parties hereby establish the NT!:;' Task Group.

(2) l~he !"(esponsible Minister of each Party, in co)lsultc tion with that Party's
rcprcsentative(s) on the. TPCA Commission, shall appoint th "ecRepresentatives to the
N'l~]";' 'J'ask Group, consisting of appropriate <.:onservaion and resource ,area
Jl1anagcmcnt experts, tourism anddcvcloplnc,nt cxpc,rts and r -j)rcscntatl\'cs of reIC\'al1t
go\'crnmcn(allc.l;jmplcJllcntillg af~t"11~:ics,
or Stich oiher numl cr of lZeprcsentati\'es as
111fl),bl,;ngl"cedupon by ~I,c Millis1.cl'jal C:omillillc<:: Ii"om tlL1 C,,\\otime in eonsuJtation
..;';; ","' -,:! .., \ ",(
w.l(hih(~11~1\.(,Ac.,<;J11\11)1SSI.011. (,;(

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 The NTF Task Group may propose to the TFCA Co mission other appropriate
persons as non-voting members (or advisers or observers) of the ~TF Task Group.
Within three months of the entry into force of this Protocol, eachResponsibleMinister
shall have appointed the respective Representatives an shall have, within such
period, communicated the names of such Represent tives to the Ministerial
Committee. Each Responsible Minister may at any time, i due consultation with the
Ministerial Committee, terminate such appointment and ap oint any other appropriate
person. Any Representative who does not attend more than t\\"O duly called and
notified consecutive .meetings of the NTF Task Group ma)" be replaced by the
Responsible Minister.

(5) The Responsible Minister may invite such other appropriat personsas advisers to or
observers on the NTF Task Group as may be appropr ate or necessary for the
achievement of the NTF TFCA Objectives and as may be a reedb)' the Parties.

(6) The Chair of the NTF Task Group shall be one of the epresentativesappointed
pursuant to Article 4(2) which shall alternate between th 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 Mini ter of the Government of
South Africa.

..
ARTICLES

Duties and Powers of the NTF Task Group

The NTF Task Group shall perform such authorised duties and e~erCisesuch powers as are
granted to it in order to achieve the NTF TFCA Objectives nd, 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 T~CA Commission;

is authorised to solicit and accept contributions for the Fun1 and to allocate, apply and
(2)
dis.bursethe m~nies.in the Fund to meet its adI:1in.istrati~ea d pro.iectcosts, subjectto
guidance and dIrectives from the TFCA CommIssion;

shall proyjde the Ministerjal Committee and the TFCA on1I11ission on an annual
(3)
basis with three copies of the complete) independently audit d financial statementsfor
the previous financial year as well as a re~)ortof the previou financial )'ear's acti,'ities
and a plan for the subsequenttwo )'ears;

shall advise and report to the Ministerial Committee and! le TFCA Commission as
(4)
they may reasonably require and shall identify and reco nmend thc adoption and
imp:emelltat.iol~ of S~I~I,\!)~)li(',ies ~\nd. measures as may b. l\eCCssal")'to ensure the
achlcvcmcnt of the N I l' Jj'CA Ob.lcellvcs;

ofi\1c JiilVl: drafted

uppoin{ m(:I~{.,(I!~ ~~I~ ]~eprq.S('I\li)li vc,lmm(~;10 a'11\1
~h(l\.l) \viiliin
tmplCmCl1{ 1.1.1c-.NIl' J K~A Ob~l:CII\"~ pfC)11cl1tat iOl1
ut:l..tilc,uprot
)1

9'01'
18:llill(I\~1ths.
,
 Programme") to be submitted for comment and/or approva~ to the TFCA Commission
and relevant government agencies as directed by the TFCA Fommission;

(6) is authorised to perforn1 and commission such studies _asare necessary for the
development and drafting of an Implementation Programme;

m shall make detailed recommendations, in the frameW~ k of an Implementation

Programme, as to permanent joint management mechanis s to achie\'e and maintain
some or all of the NTF TFCA Objectives, and as to the co tinued role (if any) of the
NTF Task Group;

(8) shall, have accessto all relevant governn1ent entities for a~propriate information and
assistance;and 1

(9) shall take such actions as are necessary to implement th~ acti\'ities referred to in
Article 6. r

ARTICLE 6

<:

(1) Management meetings of the NTF Task Group shall take Pr ce three times a year at a
time and venue as may be detenhined by the NTF Task G oup. 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 penn anent Secretariat to provide orga isationaland infonnation
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
establisrunent of such Secretariat, the Responsible Minister shall each designate one
Representative official to act as the key contact person for t e NTF Task Group. .

(3) The
and
hosting
timeous
member(s)
distribution
of
of
the
the
NTF
proposed
Task
agenda,
Group shall
the record
be r
f ng
SPonSible and distribution for preparation of the

minutes and the makil:g available of a suitable venue, l?less such duties can be

assumed by the SecretarIat.

(4) A quorum for decision-making shall consist of two lZepres lnativcs of each Party. All
decisions of the NTF'[ask Group shall be taken on the bas s of co 1)sensus among the
-
Representatives. In the e,/'en1 of 111eNl'F '[ask Group failil g to reach consensus, the
matter \m~lerdiscllssion sha1l be refei"red 10 1l1C'fFCA CO)1mission which, if unable
to rcsOI\'e1l1cmatler to 1hesatis[actio)) 01:'the. N"J']7'rasJ, G10ur, sl.mll rc[ci" the matter
10 111e1\1iI1ister'iat(~ommittec"

(5:
cc. C'Ccc
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of])roce'( 0..1;," I
~I"ia)',as its il1tei'llal
strucl1.frc~I)I(t'mcc:I
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 (6) The secretarial duties to the NTF Task Group shall be ~upplied by the NTF Task
Group members hosting a particular meeting, unless such! dutics can be assumed by
the Secretariat.

ARTICLE 7

Financial Arrangements

(1) Until such time as the Fund has sufficient monies pursuantf O Article 5(2), each Party
shall, in respect of all meetings of the NTF Task Group, e responsible for all costs

incurred in connection with the attendance and participatio of its members, advisers
and observerson the NTF Task Group. .

(2) At such time when the Fund has sufficient monies pursua t to Article 5(2), the NTF
Task Group members hosting a particular meeting of the TF Task Group shall be
responsible for all costs incurred in n1aking a venue avai able for the meetipg, the
preparation and distribution of the proposed agenda, the re ording and distribution of
the minutes, and the provision of secretarial services, unle s an)' such costs are to be
assumedby the Secretariat.

~
ARTICLE 8
..
Dispute Settlement

If any dispute arises between the Parties as to the int ~ pretation, application or
performance of this Protocol, including its existence, val dity or temlination, such

dispute shall be first referred by either Party to the TF A Commission and the
Ministerial Committee for negotiation and recommendation on amicable settlement.

(2) If such dispute cannot be settled amicably, either Party mi 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.

l'he. apl~ointing authority shall be the Secretary General df the Permanent Court of
ArbItratIon at The Hague. ,j

7 J

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 ARTICLE 9

Respect for National Legislation and Other Agreemen~s

Nothing in this Protocol shall be deemed as derogating from any 1 roviSion of the Domestic
Law of any Party or any obligations assumed by a Party und r agreements previously
concluded.

ARTICLE 10

Respect for Nationa1 Initiatives

Nothing in this Protocol shall be deemed as derogating from national initiatives and
deve1opmentproceduresand the funding for such initiatives and pro edures within any TFCA
consistent with TFCA Objectives. ..

ARTI CLE 11

Amendment of the Protocol and Entry into Force of A

't: t "

endment
(1) This Protocol may be amendedby rnutu'al agreementbetwee the Parties.

An amendmentmutually agreedto by the Parties shall enter into force on the date on
(2)
which each Party has notified the other Party thIough the us 1 diplomatic channels of
its compliance with the constitutional requirements necess for the implementation
of the relevant amendment.

ARTICLE 12

Entry into Force of the Protocol

This Protocol shall enter into force on the date on which e~Ch Part)' has notified the
(1) other Part)' in writing through the usual diplomatic chaJ1l1els f its compliance with the
constitutional requirements necessaryfor the implementation of this Protocol.

(2)
r
This Protocol shall terminate as betweenthe terminating par and the other Party on a
~la)'tl!l~eemonths after the date.upo.nwhich such Parl)' has gi 'en the other Parly notice
III \\'rltlng of the proposed1cfIlllnatlon.

~:o:l
 ARTICLE 13
Deposit with the United Nations ~
:f i!;.;
c,
'.

This Protocol shall be deposited with the United Nations Headquart rs in New York

IN WITNESS WHEREOF the undersigned, being duly autho~ised by th"eir respective

Governments, have signed and sealed this Agreement. I

~u ~\J C\.\\
DONE at on this the I.~.?: day of
~' "" \'\ e I nt h.ISyear T\Vo Thousan.d

FOR AND ON BEHALF OF

THE GOVERNMENT OF
THE REPUBLIC OF SOUTHAFRICA
~

1/

OF
THE GOVERNMENTpF
THE REPUBLIC OF MOZAMBIQUE

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