Sting nabs rhino poaching suspects from within SAPS
Publish date: 25 September 2018
Issue Number: 575
Diary: Legalbrief Environmental
Category: Tenders
Although there has been a pleasing drop in the number of rhinos poached this year, according to statistics released on World Rhino Day, a concern remains that criminal syndicates have infiltrated police and court ranks to help them perpetuate poaching, writes Legalbrief. A Mpumalanga police constable with links to a syndicate allegedly behind ‘massive trafficking’ of poached rhino horns was arrested last week after evading arrest for two days, the Hawks have confirmed. A News24 report notes that six other suspects, mostly current and former police officers, were arrested in Mpumalanga two days previously. Phenias Lubisi, a former station commander in Skukuza now working at Calcutta; Xolani Lubisi, a former officer at Calcutta; Constable Thembisile Mhlanga, from Skukuza SAPS; Clyde Mnisi, the alleged ‘right hand man’; Petrus Mabuza Mshengu, and former White River SAPS officer Joe Nyalunga, appeared in the White River Magistrate's Court on charges of theft, conspiracy, illegal buying and selling of rhino horns, corruption and money laundering. The case was postponed to 27 September. The officer arrested last, who works at the Acornhoek Stock Theft Unit, was expected to appear in the Hazyview Magistrate's Court later in the day. She will face similar charges as her co-accused, Hawks spokesperson Brigadier Hangwani Mulaudzi said. Luxury vehicles, motorbikes, trucks, trailers, generators and equipment worth millions of rands were seized during the multi-agency swoop. It is alleged that the syndicate operated with almost military precision around the Kruger National Park (KNP), as well as in private and state-owned reserves in KZN and Gauteng. Mulaudzi alleged: ‘These are the guys who organised the snipers. These are the guys who were making millions.’
Morale among members of the critical Environmental Crime Investigation Services (ECIS) at Kruger Park is reportedly flagging over concerns of repeat poaching offenders being given bail and minimal sentences being handed to poachers. According to a report in The Citizen, when called for comment over the leaked complaint from KNP to the Department of Justice and Constitutional Development, KNP spokesperson Ike Phaahla confirmed that the mood was dark regarding uncertainty over the courts. ‘The colleagues I have spoken to have said their morale was very low because the court is not recognising the work they are putting in,’ Phaahla said. The complaint noted an ‘onslaught’ against the court, and alleged complicity by Mpumalanga Chief Magistrate Tule-Tu Tonjeni and Skukuza District Court Magistrate Simon Fankomo. The complaint registers four main concerns, namely: a drop in the severity of sentences; the granting of bail to repeat offenders; the transfer of cases to a court outside the KNP where the specialist prosecutors appointed by the NPA cannot attend them; and whether or not there is an attempt to close the Skukuza Court down, for reasons unknown. KNP had sent the complaint to the Department of Justice on 29 August and to date had not received any feedback. Mohammed Dawood, from the Mpumalanga Magistrates Commission, under the department, said last week he had referred the questions to Mpumalanga Judge President FM Legodi. Dawood could not say when a response would be sent, only that as soon as he knew.
A three-year investigation is set to shake the foundations of the magistracy in KZN and raise wider questions about the credibility of our lower courts. A Daily Maverick report notes that this week KZN regional court president Eric Nzimande must provide reasons to the Magistrate’s Commission as to why he should not be suspended, pending the finalisation of misconduct proceedings. Nzimande is suspected of offering acting magistrate positions in the regional courts in exchange for cash, which he seemingly needed to feed a gambling habit. Worse, it appears he enabled – directly or indirectly – the formation of a network of judicial officers who are allegedly using their position to pervert justice on behalf of criminals. In particular, Nzimande’s alleged patronage network appears to overlap partially with a group of court officials in northern KZN who are alleged to have taken bribes – particularly around poaching cases, although, this was exposed because of a rape case. The delays in finalising the Magistrate’s Commission probe raise questions about the commitment and structure of the commission as the statutory body that exercises discipline over magistrates, the report notes.
A dramatic decline in the number of rhinos poached has been recorded since the start of 2018, compared to the same period last year, the Department of Environmental Affairs has confirmed. According to a report on the allAfrica site, this is according to its progress report on the implementation of the integrated strategic management plan, released ahead of World Rhino Day, celebrated on 22 September. Between 1 January and 31 August, 508 rhino were poached, compared to 691 a year ago. ‘Rhino poaching numbers in the Kruger National Park also continue to decline. In the period under review, a total of 292 rhino were poached, compared to 332 in the same period last year,’ the progress report states. ‘This decline comes despite a dramatic escalation in poacher activity inside the park,’ the report said. In KZN, 163 rhino were poached during the specified period last year, compared to the current 83. A total of 530 rhino poaching-related cases are currently on court rolls, involving 750 accused and 1 738 charges, the department said, with close to 300 of these cases being ready for trial on charges including rhino horn trafficking and the illegal possession of firearms and ammunition. According to the department, 70 cases involving 163 accused were finalised between January and August, with a 93% conviction rate and a total of 288 years in sentencing. Thirteen wildlife traffickers – five Chinese nationals and eight locals – were also nabbed by the Hawks en route to China, Hong Kong and Vietnam at the time of their arrests.
Marking World Rhino Day 2018, the World Wide Fund for Nature (WWF) has urged South Africans to consider the human cost of poaching. A Cape Times report quotes the WWF as saying that illegal wildlife trade not only harms rhino and other wildlife, but also impacts on people living around the affected parks. ‘Our protected areas are often situated in the midst of poor communities who face major challenges to live dignified and safe lives,’ the organisation notes. ‘Criminal syndicates who drive the illicit horn trade become connected to these vulnerable communities, where poaching can be seen as a solution to economic hardship,’ it explains. ‘Yet wildlife trafficking usually only benefits a few while causing harm to the majority of people who make up the community,’ the WWF points out. Dr Jo Shaw, senior manager of the WWF SA wildlife programme, said: ‘At WWF we bring a more holistic approach that recognises the impacts beyond rhino losses and supports local people as well as law enforcement responses … It is vital that law enforcement agencies along the illicit trade chains work together to disrupt these networks so thorough investigations can lead to successful prosecutions and appropriate sentencing of those responsible. In this light, we welcome the high-profile arrests this week of six alleged key syndicate members as the result of a number of agencies working together.’
News of the imminent deployment of the cold-scent tracker dog ‘with a nose that never switches off’ emerged last week ahead of World Rhino Day. According to a report in The Herald, the 2½-year-old bloodhound will be taking up residence at the Addo Elephant National Park with its K9 unit, but will be used in other reserves as well. Ziggy will be deployed in terms of the Forever Wild Rhino Protection Initiative and a partnership between Wilderness Foundation Africa and Chimpembere Rhino Foundation, with funding from UK veterinary group Medivet. Dogs like Ziggy provided exceptional value, Addo park conservation manager John Adendorff said. ‘They can track scents that are even days old over great distances due to their superior sense of smell and strong, tenacious tracking instinct. The ability to track poachers who have made their way into areas with the intention of committing a crime ensures the suspects are found before they have the chance to strike,’ he added. The selection of Ziggy followed the successful deployment of Ella, a cross-bred bloodhound-Doberman whose tracking talent on cold trails also eclipsed normal hot-scent dogs like German shepherds and Belgian malinois.
