Time is running out with poachers

Given the parlous state of the criminal justice system, it’s not surprising that poachers and other environmental criminals are starting to get away with it. Even though South Africa has some of the best environmental protection legislation in the world, the lack of capacity to translate, then apply, the laws means they are in danger of becoming toothless.

Part of the reason for the problem in processing poachers through the justice system is that policing on the ground – and specifically in Kruger National Park – has been so successful.

According to the department of environmental affairs, there were 530 rhino poaching-related cases on the court roll in September. These involved 750 accused and close to 300 trial-ready cases.

The courts and the prosecution authorities – who deal with such cases as part of their already heavy workloads – are being swamped. On top of that, there was a recent spat between the Kruger National Park and a magistrate at Skukuza, Simon Fankomo, who was alleged to have been giving bail to repeat offenders and handing down shockingly light sentences.

All of those involved in the fight against poaching are unanimous about what needs to be done.

There needs to be a separate system for dealing with poachers. This would include specialised detectives, forensic experts, prosecutors, magistrates and judges … and they should work only on these sort of crimes.

Dedicated environmental crime courts need to be set up as a matter of urgency.

At the same time, there needs to be strong action taken against anyone in the criminal justice system who is guilty of corruption, or perverting the course of justice.

These issues need to be tackled now. Time is rapidly running out and the damage caused by these crimes – whether to animals or the environment – is often irreversible.