4/3/2019
Minister of Environmental Affairs Highlights Progress on the Implementation of the Integrated Strategic Management of Rhinoceros | Department of Environmental Affairs
https://www.environment.gov.za/progressonimplementationofintegratedstrategicmanagementofrhinoceros 1/8
Minister of Environmental Affairs Highlights Progress on the Implementation of the Integrated Strategic Management of Rhinoceros
13 February 2019
The Minister of Environmental Affairs, Ms Nomvula Mokonyane, is reporting back on the implementation of the Integrated Strategic Management of Rhinoceros. This report covers the period 1 January to 31 December 2018.
The Integrated Strategic Management of Rhinoceros approach was adopted by Cabinet in 2014 and draws together the work of this Department together with the Justice, Crime Prevention and Security (JCPS) Cluster Departments and Agencies. These include the Departments of Defence, Correctional Services, the Ministry of State Security, the Directorate of Priority Crime Investigation or Hawks and the South African Police Service (SAPS). The strategy is supported by related initiatives in our South African National Parks (SANParks), our provincial conservation institutions, the South African Revenue Service (SARS), the Asset Forfeiture Unit, the Financial Intelligence Unit in the Ministry of Finance and National Prosecuting Authority (NPA).
Compulsory Interventions
Intensive Protection Zones (IPZ)
In line with the Law Enforcement outcomes from the Rhino Conservation Lab and our experience of the past five years, specific actions are being pursued to implement best practice throughout South Africa within national, provincial and private parks. Through the IPZ concept, the appropriate resources are being deployed to specific areas, including our National Parks as well as adjacent private reserves. In addition there are also similar initiatives in our provincial parks.
Technology developed by, amongst others, the CSIR is used to detect and track poachers, while the planning and execution of actions led by the rangers and supported by other role players are coordinated in Joint Operations Centres situated in various parts of the country. Both government and private partners continue to explore digital technology security solutions as force multipliers with the aim of improving early detection measures on its high risk reserves.
Apart from the good cooperation between all Security Cluster members and other State Departments, cooperation with private rhino owners has become the norm. This is complimented by the excellent support from the local industry, NGOs and SA citizens at large.
Arrests, investigations and prosecutions
1.4.1 Arrests
From 1 January to 31 December 2018, a total of 365 alleged rhino poachers and 36 alleged rhino horn traffickers were arrested nationally. In 2017, a total of 518 poachers and alleged rhino horn traffickers were arrested. A total of 229 alleged poachers were arrested inside and adjacent to the Kruger National Park, 40 more than the 189 arrested in 2017. During 2018, a total of 104 firearms were recovered in anti-poaching operations inside the KNP and a further 74 firearms were recovered in operations/investigations linked to the KNP.
1.4.2 Investigations and Prosecutions
Investigations
Better collaboration between the different law enforcement role players such as the conservation and environmental authorities, the SAPS Stock Theft and Endangered Species Unit, the Hawks and SAPS Crime Intelligence during 2018, is having a positive impact. This improved cooperation is benefitting both anti-poaching and crime prevention operations as well as focusing efforts on specific high priority investigations. Some of the notable successes for 2018 include the following:
Operation Sunrise which involved an integrated approach by the Hawks, SANParks, and the Department of Environmental Affairs that was focused on the illicit supply chain of rhino horns from the Kruger National Park to Gauteng. This two-year operation resulted in the arrest of Mandla Mashele and Kelvin Malapane, who have subsequently been charged with illegally buying rhino horn, in contravention in terms of the National Environmental Management: Biodiversity Act (NEMBA).
In Mpumalanga 11 alleged rhino horn smugglers and poachers were arrested in separate cases. In Standerton, Mpumalanga, members of the Hawks’ Wildlife Trafficking Section, Crime Intelligence, the Department of Environmental Affairs and SANParks, arrested two men for illegally selling 20 rhino horn. The integrated investigation was focussed on the illegal trafficking of stockpile horns in South Africa. The suspect had wanted to sell these rhino horns on the black market for profit. Two other suspects were later arrested as well. The accused will appear in the Standerton Magistrate’s Court on 4 March 2019.
In the second case, code named Project Broadbill, Petrus Mabuza and Joseph Nyalunga, who were already facing rhino poaching and smuggling-related charges, were arrested in September 2018, together with five others for the trafficking of rhino horns illegally sourced from the Kruger National Park and other provinces. The joint operation between the Hawks, SANParks, the Mpumalanga Provincial Police, Stock Theft and Endangered Species units, Counter Intelligence, Special Task Force and Forensics from the SAPS and other important role-players that participated resulted in the arrest of 7 high profile suspects, which included police officials. Mabuza and Nyalunga were arrested as the syndicate leaders and the assets resulting from these illegal activities were targeted for recovery. This is was one of the most significant operations geared towards combating rhino horn trafficking in South Africa and is an example of the success that can be achieved through integration and effective cooperation between the role-players in our effort to combat rhino poaching.
Some of the high-profile cases that remain on the court roll include:
I. State v Groenewald and 8 others (Pretoria High Court) Trial date: 1 – 12 February 2021
II. State v Ras and 9 others (Pretoria High Court) Motion application: 29 November 2019.
III. State v Gwala and others (Mtubatuba Regional Court) Trial date: 30 January 2019.
IV. State v Nyalungu and 9 others (Nelspruit Regional Court) Trial date: 15 April 2019.
V. State v Landela (Skukuza Regional Court) Trial date: 12, 14-15 March 2019.
VI. State v Ndlovu and others (Grahamstown High Court) Partly heard trial date: 28 January 2019
VII. State v Petrus Sydney Mabuza, Nozwelo Mahumane, Moshe Thobela and Romez Khoza (White River Magistrates Court). Next court date: 15 April 2019.
VIII. State v Petrus Sydney Mabuza and Jospeh Nyalunga (White River Magistrates Court) Next court date: 15 April 2019.
IX. State v Mandla Mashele and Kelvin Malapane (Daveyton Magistrates Court) Case is trial ready.
X. State v William Tumishin Mokgati, Hlengani Samual Hlungwan and Joao Mazive (Kimberley Magistrates Court) Case is trial ready.
There are currently 318 rhino poaching-related cases on the court roll involving 645 accused and 897 charges. 275 of these cases are trial-ready.
It should be noted however that the lifting of the moratorium on the domestic trade in rhino horn does not mean that rhino horn in private possession can be sold without a permit. No-one is allowed to trade rhino horn (including selling, donating, or in any way acquiring or disposing of rhino horn) without a permit issued by the Department of Environmental Affairs as well as relevant possession / transport permits issued by the provincial conservation departments. Commercial international trade in rhino horn is and remains prohibited in terms of the CITES provisions. Private rhino horn owners should take care not to be drawn into the illicit activities or markets.
Prosecutions finalised
From January 2018 to December 2018, the National Prosecuting Authority (NPA) obtained convictions in 78 of the 82 cases that went to trial. This represents a 95.1% conviction rate. The 78 cases involved 135 accused, all of whom were convicted of rhino poaching and related matters and this translated into over 500 years imprisonment in terms of sentencing in respect of these guilty verdicts.
The most prominent convictions for the period are:
1. S v Shadrack Mathwasa who was sentenced to an effective 24 years imprisonment for trespassing in a national park, unlawful possession of a firearm and ammunition, and poaching.
2. Thomas Broboza Mbhombi received an effective 18-year prison sentence and was declared unfit to possess a firearm after he was convicted of poaching, trespassing in a national park, and illegal possession of a firearm and ammunition.
3. S v J Mthopa, Monda Ndlovu, Patrick Khoza and Samuel Maseve were each sentenced to 28 years behind bars for conspiracy to commit an offence, conspiracy to hunt and dehorn a rhino, the hunting, dehorning and illegal possession of rhino horn, and the illegal possession of firearms and ammunition.
4. S v Sam Nnone, Mthetho Kenny Sibiya and Butinin Ndlovu received an effective 15 years imprisonment each for rhino poaching, trespassing, providing a firearm and ammunition to a person not allowed to possess it, and the illegal possession of two firearms and ammunition.
5. S v Patrick Nkuna was sentenced to 33 years and three months direct imprisonment for poaching a rhino, possession of unlicensed firearm and illegal possession of ammunition, trespassing in a national park, and attempted murder. The attempted murder charges related to the fact that Nkuna shot at the helicopter pursuing him, damaging its blades.
6. Mingjan Mo was convicted and received a wholly suspended sentence of 10 years, and fined R100 000.00 of which R40 000.00 was suspended after he tried to smuggle rhino horn pieces to China via PostNet and DHL.
1.5 Ports of Entry and Exit
Operations conducted during 2018 between Customs/SARS, Hawks, the Green Scorpions, Airport Security and other role-players saw the arrest of 7 Chinese and 4 South African citizens and the confiscation of 78 rhino horns, 1 rhino horn sculpture, two bangles made from rhino horn and 27 pieces of rhino horn. Bail was granted to 8 of the 11 suspects and warrants of arrest have been issued in respect of 4 of these suspects as they absconded in contravention of their bail conditions. The other cases have been postponed for plea and / or further investigation.