Rhino Poaching: Arrests, Prosecutions & Sentencing

[Toko]

Multiple tragedy
18/06/2013 02:37:00

Another Swazi was killed poaching yesterday; he and his three companions were shot in a shoot-out with the rangers at Mkhaya Game Reserve, one of the most protected reserves in this country.

Nevertheless, tourists who were there to see the natural beauty of the country were forced to alert game rangers of a poaching incident, and a man lost his life. It is never a good thing when human life is lost, even if it was his fault for being there in the first place. But whenever a life is lost to law enforcers, it is always a good practice to re-examine the reasons why those law enforcers are there in the first place.


One of Swaziland’s greatest treasures is the wildlife we have; in terms of tourism, and tourist dollars, the nation has no greater attraction. Not only does well-protected wildlife draw more tourists, but it draws wealthier tourists. Many Swazis cannot afford to even visit these reserves which preserve our natural heritage, but then many Swazis cannot afford to do a lot of things in Swaziland.

Yet with all the poverty, it must be emphasised that these poachers are not out hunting meat for their family. Even if they were, they would still be stealing from the nation. But these poachers, such as the man recently caught with seven impala, don’t kill because they are starving; they take weapons into the reserves to kill in order to make a profit – almost all of the meat from poaching is sold, as anyone living near a game reserve can attest to.

This national resource, therefore, is under threat from short-sighted criminals who, quite literally, are eating the nation’s wealth.
In the larger context, Swaziland is about to face another poaching war, and Mkhaya is likely to be in the middle of the storm. Poachers in South Africa and Mozambique have almost cleared out their animals The last rhino in Mozambique was killed just a few months ago and SA lost over 100 last year alone. Corrupt rangers and the SA army are shooting it out in the Kruger National Park. Our rangers are aware they are about to come under serious pressure and need to prepare for this coming war.


Our wildlife does not ‘belong’ to the game parks; in a wider sense they belong to all of us who wish our children to see these animals in real life rather than a museum, or who want to perpetuate traditional practices that require animal parts. It is up to all of us, as the nation, to protect our wildlife. No one wins from poaching; least of all the poacher’s family.

[Toko]

‘Milestone’ verdict in poacher murder case

June 20 2013 at 01:29pm
By RIZWANA SHEIK UMAR

Durban - In what is being hailed as a groundbreaking verdict in the fight against rhino poaching, a hunter has been convicted of the murder of an accomplice who was shot dead by a game ranger.


Wawito Mawala must have foreseen the possibility of the death when he and three others conspired to hunt rhino at Ndumo Game Reserve in November 2011, said Ingwavuma Regional Court magistrate, MA Khumalo.

Mawala was convicted on Tuesday and was scheduled for sentencing on Thursday.

The magistrate said that Mawala, of Mozambique, had not advanced reasons during his trial why he should not be held accountable for the murder of Erasmo Mazivele.

Mazivele and his companions were spotted in the Maputaland reserve on November 19, 2011, by two game rangers who were pursuing a white rhino.


One of the rangers, Cyprian Innocent Gumede, ordered Mazivele – who was carrying a bolt-action rifle – to lower his weapon, but the hunter turned and pointed it in the direction of Gumede.

The rangers, realising they were in danger, fired shots at Mazivele and his companions, fatally wounding him.

The shots caused the others to flee, but Mawala was found the next morning by patrolling rangers.

His immediate reaction was to raise his hands.

During the trial, Mawala – who pleaded not guilty to all the charges – claimed that he had been forced to sign a confession document.


The court rejected Mawala’s explanation that he was on his way to Durban in search of employment, and that he was not aware that he was in a reserve.

His act of surrendering made it clear that he was aware he was in a prohibited area, the court found.

Mawala was identified as one of the people who had been at the reserve with the deceased and two others, pursuing a white rhino.

Witnesses had also testified that he and Mazivele had been seen communicating and following the rhino tracks.



Khumalo said the State, represented by advocate Yuri Gangai, had successfully proved that Mawala had acted in concert with his companions and had subjectively foreseen the possibility of their actions causing the death of another person, yet persisted regardless of the consequences.

Quoting case law, the magistrate said: “If the accused admits that he foresaw the possibility of injury or worse, or there is other direct evidence to that effect… it will not assist the defence to show that the risk of injury or worse appeared unlikely, improbable or remote.”


Under cross-examination, Mawala had conceded the firearm would have been used to resist arrest.

Mawala was also convicted on charges related to unlawfully hunting specially-protected game and trespassing in an area where game was likely to be found. He was found not guilty on the charge of unlawful possession of a firearm.


The conviction was described on Wednesday by South African National Parks spokesman, Reynold Thakhuli, as a “milestone” judgment.

“This is the first I’ve heard of this kind of conviction,” Thakhuli said. “These guys (rhino poachers) carry high-calibre rifles and if our courts are beginning to realise that rangers are in danger, it goes a long way in tackling the fight against rhino poaching, on all fronts,” he said. “The fight on rhino poaching is not only fought in the bush.”

Bandile Mkhize, chief executive of Ezemvelo KZN Wildlife, said environmental crimes should be taken seriously.

“Rhino poaching is our worst nightmare. I am very happy about this conviction,” he said.

“We wish for more of these groundbreaking judgments to help us in our fight against rhino poaching.”

rizwana.umar@inl.co.za

Daily News

[Richprins]

It's like KZN is another country!

[Mel]

Three held for poaching in iSimangaliso
July 1 2013 at 02:13pm
By LAUREN ANTHONY

Durban - Three suspected rhino poachers were arrested in connection with the killing and the possible wounding of another rhino in the iSimangaliso Wetland Park this weekend.

The men were set to appear in the Mtubatuba Magistrate’s Court today after a female white rhino was killed and de-horned on Saturday in Mehlemamba, in north-eastern KwaZulu-Natal.

Spokesman for Ezemvelo KZN Wildlife, Musa Mntambo, said rangers heard gunshots and discovered the rhino and several spent .458 cartridges.

The suspects were arrested at their home in Mfekayi near Mtubatuba after a tip-off. A .458 rifle, nine rounds and an axe were recovered.

The Department of Agriculture and Environmental Affairs said the men confirmed they had shot at and possibly missed another rhino.

“There was no blood trail but they might have shot and wounded the rhino,” Mntambo said.

“A helicopter will be used to search for the rhino but as yet, it hasn’t been found.”

Investigations at the scene revealed footprints left by the poachers which could be linked to other rhino poaching incidents in the area.

Jeffrey Zikhali, spokesman for the KZN agriculture MEC, Dr Bonginkosi Meshak Radebe, said this was an international problem and it was necessary to hit the emotional nerve of those involved.

Zikhali said the MEC was pushing for strict sentences to be handed down in rhino poaching cases.

In total 41 rhinos have been poached in KZN, 13 of them in iSimangaliso, and 30 arrests have been made.

iSimangaliso has 71 black rhinos and 145 white rhinos.

In South Africa the number of rhino poached this year is 448 with about 130 arrests made. Last year the total number of rhinos poached was 668.

[H. erectus]

Quite incidentally, early hours, on my way to work in
heavy traffic culminating from the South western Townships,

I noticed two vehicles in emergency lane. A cop pick-up van
and a upmarket delivery van!! By the time I passed the zone
off interaction one cop had flateyes in arm-lock maneuvering
said character too back end of police bakkie for re-distribution
too safer place of custody. Other cop was staring into vehicle!!

Hah some thoughts flashed through my mind!!! Wonder what the
other cop was staring at???

[Toko]

Limpopo men arrested for poaching
Sapa | 08 Juli, 2013 19:15

Three men have been arrested in connection with rhino poaching in Phalaborwa, Limpopo police said on Monday.

They were caught on Sunday after police received a tip-off about poachers, Brigadier Hangwani Mulaudzi said.

"Police confiscated a hunting rifle and a revolver, both unlicensed, as well as a licensed pistol, and their vehicle."

The men, a South African and two Mozambicans, would appear in the Hoedspruit Magistrate's Court soon. They faced charges of illegal possession of firearms and ammunition, and conspiracy to poach rhino.

[Toko]

Limpopo trio get five years for rhino poaching

11 July 2013 13:02

Three men have been jailed for five years each for rhino poaching in Polokwane, Limpopo police have said.

Mozambican nationals Augustus Nkuna, Foster Nyoni, and Manyanga Shiringa were sentenced on Wednesday by the Makhado Regional Court, Brigadier Hangwani Mulaudzi said today.

“The trio were also handed a 12-month suspended sentence.”

They were arrested in May last year after police caught them poaching rhinos at the Nwandeni Resort.

Meanwhile, on Wednesday evening, five alleged rhino poachers were arrested in Gravelotte after police received a tip-off.

“The five were planning to invade a private game farm and poach rhinos,” said Mulaudzi.

Police confiscated a hunting rifle, two butcher knives and two vehicles.

The men were expected to appear in the Phalaborwa Magistrates’ Court tomorrow. Mulaudzi said the arrest of the five brought the number of people arrested for rhino poaching to eight this week.

On Sunday, three men were arrested while they were en route to allegedly poach rhinos in Hoedspruit.

- Sapa

[Toko]

Limpopo poacher on the run with rhino horns, Sapa 15 Juli, 2013 13:16

Police in Musina, Limpopo, were on Monday searching for an alleged poacher who escaped when four others were arrested.

"One of the suspects, also a Mozambican national, fled the scene with rhino horns and police are hot on his heels," spokesman Brigadier Hangwani Mulaudzi said.

They were arrested on Friday night at the Maremani Nature Conservancy.

Three of the four were South Africans and two of them, Shumani Phaswana, 47, and Wilson Mavhungu, 38, were out on R1500 bail each after they were arrested for the same offence.

Police seized an unlicensed .458 calibre rifle and five rounds of ammunition.

Mulaudzi said it was not known how many horns the man got away with. A rhino carcass was found when officers were searching the area. The four were expected to appear at the Musina Magistrate's Court later on Monday.

Phaswana and Mavhungu would be back in the Mutale Magistrate's Court on July 24.

[Sprocky]

Three of the four were South Africans and two of them, Shumani Phaswana, 47, and Wilson Mavhungu, 38, were out on R1500 bail each after they were arrested for the same offence.

Phaswana and Mavhungu would be back in the Mutale Magistrate's Court on July 24.

How can they be given bail again????

What's the chances of them going to court? They will just laugh off the money that they spent on bail and try to duck the system.

[Richprins]

It is a bit unclear if the two got bail again....the magistrates normally keep them in jail if they offended whilst on bail...