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.”
Daily News