Rhino poacher opposes cash seizure

Rhino poaching has manged to be placed on the agenda by South Africa at the Forum of China-Africa Cooperation. Photo: Ilya Kachaev

Rhino poaching has manged to be placed on the agenda by South Africa at the Forum of China-Africa Cooperation. Photo: Ilya Kachaev

Published Nov 20, 2015

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Durban - A convicted rhino poacher appeared briefly in the Pietermaritzburg High Court on Thursday, to oppose the final confiscation order of R7 420 by the asset forfeiture unit, linked to the slaughter of a female white rhino at Ithala Game Reserve.

Thulani Mbatha, currently in custody, told Judge Gregory Kruger that he wished to oppose the application to seize his money, and requested that he be granted legal aid. The case was adjourned indefinitely for Mbatha’s legal aid application to be processed.

In court papers, deputy director of public prosecutions, Kenneth Samuel, explained that at 3am on March 15, 2013, Constables Sifiso Khumalo and Xolani Mbense were on patrol when they stopped a Toyota Tazz driving along the Blood River Crossing.

In the car were driver Muntongokwakhe Khoza and Mbatha, who was a passenger. Khumalo then searched the car and found a black plastic bag under the passenger seat.

Inside the bag Khumalo found two rhino horns. The men were also found in possession of the R7 420 in cash.

Questioned again, Mbatha said they had bought the horns from a person in Vryheid, but could not remember the seller’s name. Both men were arrested and charged with possession/handling/dealing in protected game, in contravention of the Nature Conservation Act, as well as the killing of a protected or threatened species, in contravention of the National Biodiversity Act.

Khoza and Mbatha were found guilty and sentenced to six months in prison and fined R1 000 last year.

Cellphones found in their possession established they were in contact with known rhino horn smugglers.

The State believes the cash is the direct proceeds of unlawful activities related to the hunting and killing of a protected species, and should be forfeited to the State.

According to court papers, the rhino went missing on March 13, 2013. Its carcass was found by rangers on March 26, 2013.

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