FINALIZED RHINO MATTERS

[Lisbeth]

Directorate for Priority Crime Investigation
Priority Crime Management Centre

HAWKS


20 March 2015

FINALIZED RHINO MATTERS FOR 2009 UP TO DATE AS REPORTED TO DPCI
SENTENCE ON 69 CASES
102 Persons sentenced

LIMPOPO:
Station: Louis Trichardt CAS 252/02/2011.
Charge: Dealing in 2 rhino horn in trap
Accused 1 pleaded guilty and convicted. Case withdrawn against accused 2, Accused 1 Sentenced to 4 years imprisonment. The R 170 000.00 money which was paid over to the SAPS agent was forfeited to the ECI Anti-poaching unit of SANParks

Station: Bulgerivier CAS 7/8/2011
Charges: C/o Section 57 of NEMBA: rhino poaching (4x charges), dealing in rhino horns, trespassing, attempted theft, unlawful possession of fire-arms and ammunition, theft of fire-arm Both accused convicted of illegal possession of bolt action rifle and Ammunition with the intention to commit a crime, one count of rhino poaching Each accused sentenced to 6 years imprisonment on each count. Sentences to run concurrently therefore effective sentence of 6 years imprisonment for each accused. Each accused was declared unfit to possess a fire-arm

Station: Hoedspruit CAS 53/8/2012
Charge: (i) Hunting a special protected animal (rhino) (ii) Hunting in a game farm without owner’s permission (iii) Possession of dangerous weapon (axe) (iv) Possession of prohibited firearm (AK 47) (v) Possession of ammunition
Count (i) both accused guilty: R20 000-00 or 10 years imprisonment each accused.
Count (ii) both accused guilty: R10 000-00 or 5 years imprisonment.
Count (i) and (ii) sentence to run concurrently. Count (iii) accused 1 guilty, accused 2 not guilty Accused 1: R5 000-00 or 2 years imprisonment. Count (iv) accused 1 not guilty, accused 2 guilty Accused 2: 15 year’s imprisonment. Count (v) accused 1 not guilty, accused 2 guilty Accused 2: cautioned

Station: Thabazimbi CAS 111/01/2012
Charge: Conspiracy, trespassing, c/o Section 57 of NEMBA: rhino poaching (no rhino killed), attempted theft, unlawful possession of fire-arms and ammunition
Accused 1 convicted of illegal hunting of rhino (no rhino killed yet) and unlawful possession of fire-arm and ammunition. Accused 3 was acquitted on all charges. Effective sentences for accused 1: 8 year’s imprisonment

Station: Tshamutumbu CAS 48/5/2012
Charge: Illegal possession of rhino horn and leg, possession of automatic fire-arm and ammunition, trespassing.
Case was withdrawn against accused 1 and 2. Accused 3, 4 and 5 pleaded guilty on picking up and removing rhino horn, possession of fire-arms and trespassing. They were sentenced as follows: Count 1:7 Years; Count 2: 3 years; Count 3:5 years suspended for 3 years. (To run concurrently)
Station: Vaalwater CAS 58/1/2012
Charges: Conspiracy to illegally hunt rhino’s, Theft (of a firearm), Theft (of a 2-way police radio), Unlawful possession of fire arm and ammunition, Possession of dangerous weapons
Accused 1: guilty - illegal possession of firearm. Accused 2 & 3 guilty – conspiracy (to hunt rhino’s illegally). All 3 received 3 years imprisonment suspended for 5 years on conditions.

Station: Tolwe CAS 11/10/2013
Charge: Conveying a loaded firearm or firearm not secured in a gun bag, gun case or gun holder on a public road traveling’s land on which or alien animals are found
Case withdrawn against accused 1, 2, 4, 5, 6, 7. Accused 3 pleaded guilty to illegal possession of fire-arm and sentenced to 3 years imprisonment wholly suspended for 5 years

Station: Phalaborwa CAS: 58/02/2013,
Lulekani CAS: 35/02/2013
Charges: 1. Possession of a firearm
2. Possession of ammunition
3. Trespassing
4. Attempted Murder
5. Hunting without a permit
6. Hunting on land of which not the owner
4 Convicted of illegal hunting. Each sentenced to 12 years imprisonment.

Station: Dwaalboom CAS 2/8/2013
Charge: Rhino Poaching, illegal possession of firearms
Accused 1: Guilty illegal hunting (no rhino killed) & Illegal possession of f/arm. Sentence: 5 years imprisonment suspended for 5 years on conditions on illegal hunting and 2 years imprisonment on illegal f/arm.
Accused 2: Guilty illegal hunting. Sentenced to 2 years imprisonment
Accused 3: Withdrawn due to lack of evidence

Station: Northam CAS 97/4/2013; Northam CAS 168/4/2013
Northam CAS 32/5/2013; Northam CAS 35/5/2013
Charge: 4 x counts of Illegal Hunting & killing of 5 rhino’s & 4 counts of Theft of 10 rhino horns
Case withdrawn against one accused due to lack of evidence. Four other guilty illegal hunting of rhino’s. Sentence: 8 years imprisonment each & all declared unfit to possess firearms

Station: Hoedspruit CAS: 107/08/2013
Charge: Possession of a prohibited firearm: imitation(s) and Possession of ammunition, illegal hunting
Accused 2 and 4 all charges withdrawn against them
Accused 1: guilty as charged in count 1, 2 and 4 .All the three counts are taken as one for purpose of Sentence. R50 000-00 (fifty thousand) or 05 (five) years imprisonment and a further 10 (ten) years imprisonment wholly suspended for a period of 05 (five) years on condition the accused is not convicted of hunting any specially protected game and or possession of a firearm and or ammunition without a licence committed during the period of suspension. Accused 3: count 1 and 2 guilty as charged in each count both counts taken as one for purpose of sentence: R3000-00 (three thousand) or 03 (three) years imprisonment and a further 05 (five) years imprisonment wholly suspended for a period of 05 (five) on condition the accused is convicted of possession of a firearm and ammunition committed during the period of suspension. Each accused is declared unfit to possession of firearm.



Station: Hoedspruit CAS 30/09/2013
Charge: Illegal hunting, Possession of fire-arm, Possession of ammunition
Accused 1: 10 years imprisonment
Accused 2: 15 years imprisonment
Accused 3: 5 years imprisonment

Station: Masisi CAS 3/5/2013.
Charge: Possession of 2 rhino horns, fire-arm and ammo
Both convicted of possession of two horns and illegal possession of fire-arm
and ammunition. Sentenced to 6 years imprisonment for possession of the horns, 5 years
imprisonment for the fire-arm and 1 year imprisonment for the ammunition. Effective
sentence: 6 years imprisonment.

Station: Phalaborwa CAS 107/3/2013
Charge: Hunting of rhino, possession of fire-arm and ammunition.
Accused pleaded guilty to all charges. Sentenced to R 3000-00/3 year’s imprisonment. A further 10 years imprisonment suspended on certain conditions.

Station: Saselemani CAS 141/10/2013
Charge: Illegal activity in protected area ie hunt of rhino, Possession of ammunition,
Trespassing
Accused pleaded guilty to above charges and sentenced to 8 years, 3 years and 1 year imprisonment respectively. Sentence on count 2 and 3 to run concurrently with sentence on count 1- effective sentence: 8 years imprisonment.

Station: Gravelotte CAS 06/04/2014
Charge: Trespassing, Possession of Ammunition, Possession
of a firearm, hunting on land of which not the owner, hunting specially protected game
Accused 1 and 2 both guilty of all three counts. Sentenced: each accused R10000-00 (ten thousands) or 5(five) years imprisonment, half of which suspended for 5(five) years on condition that the accused is not convicted of conspiracy to hunt or hunting and that they are not convicted for C/S 3 and or 90 of Act 60/2000 during the period of suspension.

Station: Hoedspruit CAS 50/03/2014
Charges: Hunting of wild animals without permit on property of which the person is not lawful owner
Court results: Accused sentenced to R2000 or 1 year imprisonment suspended for 3 years


MPUMALANGA:
Station: Nelspruit CAS 568/11/2008
Charge: Dealing in rhino horns (4 horns)
Both convicted of buying of rhino horn. Sentenced to R 75 000-00 or 3 years imprisonment. R 40 000-00 used to buy the horn was forfeited to the State.

Station: Skukuza CAS 35/10/2010
Charges: Illegal hunting
Court results: Accused 1 5 years’ imprisonment
Accused 2 sentenced to 9 years
Accused 3 sentenced to 9 years

Station: Skukuza CAS 12/5/2010
Charges: Trespassing in Kruger Park, Possession fire-arm and ammunition, illegal hunting.
Accused 1 – guilty all charges, sentenced to 9 years imprisonment.
Accused 2 – Charges withdrawn.
Station: Skukuza CAS 12/5/2010
Charges: Trespassing in Kruger Park, Possession fire-arm and ammunition, illegal hunting.
Accused 1 – guilty all charges, sentenced to 9 years imprisonment.
Accused 2 – Charges withdrawn.

Station: Skukuza CAS 18/10/2011
Charge: Illegal hunting one rhino/ possession 1 rhino horn, theft, MITP, trespassing
Accused convicted of illegal hunting and trespassing. Sentenced to 11 years imprisonment, court took into account that accused lost his leg in the incident. Application for leave to appeal dismissed

Station: Skukuza CAS 27/04/2011
Charges: Illegal hunting
Accused sentenced to 77 years

Station: Skukuza CAS 30/11/2012
Charge: Possession of fire-arm, ammo and trespassing in KNP, illegal hunting.
Guilty – Accused 1- Trespassing- 12 months; Possession of Ammunition- 5 years; Accused 2- Trespassing 12 Months; Possession of firearm- 5 years

Station: Skukuza CAS 34/12/2012
Charge: Possession of fire-arm, ammo and trespassing in KNP
Guilty Accused 1- Trespassing – 12 months; Accused 2- Trespassing- 12 months; Possession of firearm – 3 years; Possession of ammunition-2 years

Station: Skukuza CAS 6/5/2012
Charge: Illegal hunting of 2 rhino in KNP, possession of 4 horns, possession of fire-arm and ammunition.
Accused pleaded guilty: Count 1: Trespass, Count 2 and 3: Illegal hunting, Count 4: Illegal possession of fire arm, Count 5: Illegal possession of ammo Sentence: Count 1: 3 years, Count 2 and 3: Taken together for sentence, 8 years Count 4 and 5: Taken together for sentence, 5 years. Effective sentence: 16 years

Station: Skukuza CAS 7/4/2012
Charges: Trespassing in Kruger Park, Possession fire-arm and ammunition.
Accused 1 – Convicted of Trespassing. Sentenced to R3000 or 6 months imprisonment, half suspended for 5 years. Warrants issued for outstanding accused.

Station: Skukuza CAS 15/10/2012
Charge: Possession of fire-arm, ammo and trespassing in KNP
Accused 1 convicted of Trespassing. Sentenced to R3000 or 300 days imprisonment of which R2000 or 200 days is suspended for 3 years. Withdrawn against accused 2 and 3 who are informants of Crime Intelligence.

Station: Skukuza CAS 3/12/2012
Charge: Possession of fire-arm, ammo and trespassing in KNP
Accused 1 and 2 convicted of Trespassing and sentenced to 12 months imprisonment. Accused 3 convicted of Trespassing and sentenced to R2000 or 12 months imprisonment. Also convicted of illegal possession of ammunition and sentenced to 30 months imprisonment.





Station: Skukuza CAS 33/11/2012
Charge: Possession of fire-arm, ammo and trespassing in KNP, illegal hunting.
Accused1-3 convicted and sentenced as follows: Trespassing: 1 year imprisonment; Illegal possession of firearm: 5 years imprisonment; Illegal possession of ammunition: 3 years imprisonment.

Station: Skukuza CAS 4/3/2012
Charge: Possession of firearm and ammunition, trespassing in KNP, Immigration act.
Initially 5 accused-charges provisionally withdrawn against accused 4 and 5 as investigation not completed. Accused 3 died in hospital.
Accused convicted on count 1 (immigration act), count 2 (trespassing) and count 5 (attempted murder). Acquitted on count 3 & 4 (possession of firearm and ammunition. Sentence: Count 1: 3 months imprisonment, Count 2: 5 years imprisonment Count 5: 5 year’s imprisonment. All to run concurrent – effective sentence - 5 years’ imprisonment.

Station: Skukuza CAS 33/01/2013
Charge: Possession of fire-arm, ammo and trespassing in KNP, possession of 3 horns
Accused cc 2, pleads guilty and convicted as follows: 2 counts of killing of rhino (cow and calf) and trespassing. Sentenced to 10 years imprisonment for killing of the cow, 8 years imprisonment for the killing of the calf and 4 years for trespassing. The 10 and 8 years run concurrent. Effective sentence 14 years.

Station: Skukuza CAS 40/01/2013
Charges: Within a park hunt or otherwise kill/injure any animal
Court results: Accused 1 sentenced to 2 years imprisonment of which 1 year is suspended for 5 years .Accused 2 sentenced to 2 years imprisonment of which 1 year is suspended for 5 years

Station: Skukuza CAS 23/05/2013
Charges: Unlawful Possession Of Fire-Arm (Sec2) And Ammunition (Sec 36 In Conjunction With 32(1) (E))
Court results:
Accused 1 sentenced to 3 months with a choice of R1500
Accused 2 sentenced to 1 year imprisonment which is suspended for 3 years

Station: Skukuza CAS 7/02/2013
Charges: Trespassing, Possession of fire-arm, ammo and illegal hunting
Accused pleaded guilty to trespassing. Sentence 12 months/R2000 - Fire arm not in working condition so no charges into same

Station: Skukuza CAS 46/03/2013
Charge: Trespassing
Convicted of Trespassing and sentenced to 2 years imprisonment suspended for 5 years.

Station: Skukuza CAS 31/06/2013
Charge: Trespassing in KNP; Hunting
Convicted of Trespassing and sentenced to 2 years imprisonment of which 18 months is suspended.

Station: Skukuza CAS 30/06/2013
Charge: Trespassing in KNP; Possession of firearm; Possession of ammunition
Guilty – Trespassing in KNP- 24 months imprisonment of which 18 months is suspended
for 5 years

Station: Skukuza CAS 35/06/2013
Charge: Trespassing; Hunting
Guilty- Trespassing 24 months or R10 000 of which 18 months or R8000 is suspended for 5 years for further investigation

Station: Skukuza CAS 11/09/2013
Charge: Trespassing; Possession of firearm; Possession of ammunition
Guilty- Trespassing R2000 or 6 months + 12 months suspended for 5 years; Ilegal in RSA- R1000 or 3 months for further investigation

Station: Skukuza CAS 21/11/2013
Charge: Trespassing; Possession of ammunition
Convicted of
1. Immigration Act= R 1000-00/ 1 month imprisonment,
2. Trespassing=2 years imprisonment of which half suspended for 5 years

Station: Skukuza CAS 18/04/2013
Charge: Trespassing in KNP; Hunting; Possession of firearm; Possession of ammunition
Warrant of arrest for accused 3.Accused 1 and 2 each 10 years for hunting, 4 years trespass and 6 years firearm and ammo. The 10 years and 4 years to run together. 16 Years effective term imprisonment.

Station: Skukuza CAS 27/03/2014
Charge: Trespassing
Convicted of trespassing=24 months imprisonment of which 18 months suspended for 5 years

Station: Skukuza CAS 53/01/2014
Charge: Trespassing; Possession of Firearm; Possession of ammunition
Guilty as charged – effective sentence – 5 years imprisonment.

Station: Skukuza CAS 17/03/2014
Charge: Trespassing
Guilty as charged – R2000 OR 6 month’s imprisonment.

Station: Skukuza CAS 08/04/2014
Charge: Trespassing in KNP; Possession of firearm; Possession of ammunition
Trespassing: 1 year imprisonment
Illegal possession fire-arm: 5 years imprisonment
Illegal possession ammunition: 2 years imprisonment
Effective 5 years imprisonment. Declared unfit to possess fire-arm.

KZN:
Station: Mahlabathini CAS 194/12/2009
Charge; Illegal hunting
Sentencing: Accused 1 sentenced to 5 years
Accused 2 sentenced to 5 years

Station: Hluhluwe CAS 155/12/2009
Charge: Possession, dealing or handling of game reasonably suspected to have been hunted
Sentencing: Accused 1 6 years or 10 000 fine
Accused 2 sentenced to 5 years
Accused 3 sentenced to 5 years
Accused 4 sentenced to 5 years
Station: Vryheid CAS 374/11/2010,
Ntambana CAS 54/11/10
Charge: Illegal killing of a black rhino, Possession of 2 horns, theft of rhino horn, Possession of arms and ammunition (AK47)
Accused 1 convicted of illegal possession of AK 47 and sentenced to 10 years imprisonment. Accused 2 convicted of illegal hunting of rhino and sentenced to 10 years imprisonment.

Station: Ndumo CAS 45/11/2011 and
Ndumo CAS 46/11/2011
Charge: Murder, Hunting of rhino, Trespassing
Convicted of Murder, illegal hunting and trespassing. Sentence to 15 years for Murder, 9 years for hunting and 1 year for trespassing. Effective sentence is
21 years imprisonment.

Station: Mkuze CAS 25/11/2012
Charge: Riotous Assembly Act, and NEM Act, Possession of unlawful firearm
Convicted of 1. Section 57 NEMA- 10 year’s imprisonment
2. Illegal possession of fire-arm and ammunition-15 years and 3
years’ imprisonment.

Station: Matubatuba CAS 49/09/2013
Charge: C/o Sec 57 of NEMBA
Accused 3 convicted of c/s 57(1) of NEMBA (Hunting rhino illegally) and sentenced to 8 years imprisonment.
Charges withdrawn against Accused 1 and 2

GAUTENG
Station: Rooiburg CAS 04/08/2009
Charge: illegal rhino poaching
Sentenced to 10 years

Station: Bedfordview CAS 245/5/2010
Charge: Possession of four horns. The accused was arrested with 4 rhino horns in his possession during an undercover operation.
Accused 1 acquitted in terms of Section 174. Accused 2 convicted of Contravention of section 57(1) of Act 10 of 2004.Sentence: 8 Years imprisonment

Station: OR Tambo CAS 307/03/2010
Charges: Possession of rhino horn
Court results: Accused: sentenced to 10 years imprisonment

Station: OR Tambo CAS 127/06/2010
Charge: Possession of rhino horn
Court results: accused sentenced to 12 years imprisonment

Station: OR Tambo CAS 128/06/2010
Charge: Possession of rhino horn
Court results: accused sentenced to 10 years imprisonment

Station: OR Tambo CAS 55/07/2011
Charges: Customs and excise act
Court results: guilty
Sentence Accused 1 imprisonment 40 years
Accused 2 Withdrawn
Accused 3 Withdrawn
Accused 4 withdrawn
Accused 5 withdrawn
Accused 6 withdrawn
Accused 7 withdrawn

Station: OR Tambo CAS 226/04/2012
Charge: Customs and excise act
Court results:
Accused found guilty
Sentenced: Accused sentenced to R6000 000-00 fine or 6 years imprisonment half suspended for 5 years.

Station: Kempton Park CAS 774/05/2014
Charge: Contravention of section 57(1) of the National Biodiversity Act, Act 51 of 1977 - Dealing in rhino horns
Accused pleaded guilty. Convicted for dealing in one (1) horn.
Sentence to R 30 000-00 or 3 years imprisonment and a further 3 years suspended for 5 years.

Station: Cleveland CAS 52/03/2015
Charge: Contravention of S57(1) of NEMBA 10/2004 Import, Export, Transport or possess the carcass or part of the carcass of a rhino whether treated or not
Accused fined R100 000.00 or 2 years imprisonment plus a further 2 years imprisonment that is suspended for 5yrs

NORTH WEST
Station: Mafikeng CAS 285/01/2011
Charge: Illegal hunting of a rhino, Possession of fire arms and trespassing in a Game
Guilty Attempted hunting of a rhino.
Sentence: R20 000.00 or 2 years imprisonment of which R10 000.00 or 1 year imprisonment is suspended for 5 years on conditions

Station: Assen CAS 06/02/2012
Charges: Possession of a firearm without a licence, permit or authorisation (read with sect 120(1)(a))
Court results: Accused 1 Withdrawn
Accused 2 guilty and 3 years imprisonment
Accused 3 Withdrawn

Station: Brits CAS 176/06/2012
Charges: Possession of a firearm without a licence, permit or authorisation (read with sect 120(1)(a))
Court results :Accused 1 Withdrawn
Accused 2 Imprisonment for 3 years of which 3 years is suspended for 3 months
Accused 3 withdrawn
Accused 4 withdrawn
Accused 5 withdrawn

FREE STATE:
Station: Bethelhem CAS 131/03/2012
Charge: Import, Export, Transport or Possess the Carcass or Part Of
The Carcass of A Rhino Whether Treated or Not
Sentence: Accused 1 withdrawn
Accused 2 guilty and acknowledgement of guilt or bail: R6000 with a choice of 3 years imprisonment

Station: Parkweg CAS 1410/05/2012
Charge: Illegal dealing in Rhino horn
Court results
Sentence: Accused 1 Imprisonment; 6 months and 2 years of which 6 months 2 years is suspended for 5 years
Accused 2 Withdrawn
Accused 3 Withdrawn
Accused 4 Imprisonment for 6 months 2 years of which 6 months 2 years are suspended for 5 years

Station: Fouriesburg CAS 62/07/2012
Charges: Import, export, transport or possess the carcass or part of the carcass of a rhino whether treated or not
Accused 1 Withdrawn
Accused 2 Guilty acknowledgement of 100000 rand or 5 year imprisonment
Accused 3 Withdrawn

Station: Hoopstad CAS 38/3/2012
Charge: 1. Contravention of Section 22A (1) of Act 101/1965: Possession of M99;
2. Contravention of Section 21(a) of Ordinance 8/1969: Entry upon land with weapon;
3. Contravention of Section 18(2)(a) of Act 17/1956: Conspiracy to commit a restricted activity;
4. Fraud alternatively forgery and uttering
Accused 3) pleaded guilty on contravening section 21(a) of The Free State Ordinance 8/1969 – entering upon land where game is likely to be found with weapons. Sentence: R20 000 or 1 year imprisonment and a further 2 years Imprisonment suspended for 5 years. Case withdrawn against other 2 accused


WESTERN CAPE:
Station: Beaufort Wes 538/11/2010
Charge: Possession of 12 complete Rhino horns and 2 pieces of rhino horn 38,14kg)
Both accused pleaded guilty and were sentenced to 10 years direct imprisonment.
Accused 1 was sentenced to 10 years, 3 years suspended for 5 years (he has a previous
conviction for a related offence). Accused 2 was sentenced to 10 years, 5 years suspended
for 5 years. It was further ordered by the court that both accused are to be deported on
completion of their respective sentences. Further SAPS will red-flag them at all ports of entry
as an attempted to prevent their re-entry into South Africa.

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