I have an old elephant tusk that has been in the family for years, but I no longer want it. What should I do?

The long answer

You are probably aware that the African elephant was put on Appendix One of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), and in 1990, the international trade in ivory was banned. 

Wikipedia says that the two countries leading the attempt to overturn the ban, immediately after it was agreed, were South Africa and Zimbabwe.

A 2019 article in the Journal of African Elephants by Adam Cruise noted that CITES currently restricts international commercial trade in all new ivory, and that it does not regulate domestic markets within countries. CITES does not restrict commercial trade in older ivory taken from African elephants before 1976 and may include raw ivory (whole tusks) or worked ivory (carved items made of or containing ivory).

In South Africa, Cruise says that trade in new ivory is also prohibited, while the trade in “antique” ivory is permitted. 

Retailers in South Africa who stock antique ivory items must be registered. The sale of “antique” ivory requires evidence that the ivory was legally acquired before 1976. 

The laws that apply in South Africa are the National Environmental Management: Biodiversity Act (NEMBA) and its Threatened or Protected Species (ToPS) Regulations.

To verify the old tusk, you should contact the Department of Forestry, Fisheries and the Environment (DFFE) as the National Management Authority. You can email cites@dffe.gov.za or ftshamano@dffe.gov.za. They act as the communication channel for all CITES-related matters, including the verification of permits and the legal status of specimens.

Provincial nature conservation authorities, such as CapeNature, are also designated as CITES Management Authorities and can play a role in issuing permits for applications within their respective provinces.

Despite these laws, it has to be said that the ivory trade is an exceptionally murky business. Cruise notes that there is little proof of age or origin with any ivory item for sale in South Africa, and given that most of the buyers seem to be overseas nationals, it may be that South Africa’s antique ivory market is being used to launder ivory from more recently killed elephants. In South Africa, poaching of elephants for their tusks has shown a marked increase: in 2014, the first two elephants were killed for their tusks after fourteen years of no poaching, while In 2018, a total of 72 elephants had been killed for their tusks. Cruise concludes that enforcement and controls in the country seem to be totally insufficient in preventing the laundering of illegal ivory through a legal antique market from within South Africa. 

On that gloomy note…

Wishing you the best,
Athalie