Why poachers get away with it
LACKING CAPACITY: JUSTICE SYSTEM SET TO COLLAPSE
Sheer volume of arrests justifies more specialised courts, prosecutors, judges.
Lack of capacity is hamstringing the environmental criminal justice system and, if not addressed, the cracks could lead to a complete collapse – despite SA arguably having some of the best environmental laws in the world.
The problem is not the law but rather how it is translated and then applied.
Environmental affairs (DEA) spokesperson Albi Modise said that in September, there were 530 rhino poaching-related cases on the court roll, involving 750 accused and close to 300 trial-ready cases.
“The sheer volume of arrests being made of rhino poachers and rhino horn traffickers justifies the need for additional capacity to effectively and timeously prosecute and adjudicate these cases,” said Modise.
“The DEA would support the establishment of specialised and dedicated environmental courts, particularly in hotspots.
“There is also a need to increase the number of dedicated specialist investigators, given the significant number of cases.”
A recent spat between the Kruger National Park (KNP) and Skukuza Court magistrate Simon Fankomo saw Fankomo accused of giving bail to repeat offenders and minimal sentences.
Until it hit the headlines, Mpumalanga had enjoyed a 98% conviction rate.
KNP spokesperson Isaac Phaahla said there had been “a fruitful meeting with the Judge President in Mpumalanga ... and we are waiting for a formal update on the way forward”. “We need specialised detectives, forensics experts, money laundering experts, prosecutors, magistrates, judges and above all, people less tolerant of criminals,” Phaahla said.
In September, ama Bhungane reported Kwa-Zulu-Natal regional court president Eric Nzimande was “suspected of offering acting magistrate positions in regional courts in exchange for cash, which he seemingly needed to feed a gambling habit”.
Savingthewild.com’s Jamie Joseph reported this month Nzimande had been suspended. He allegedly had a history of giving rhino poachers “a slap on the wrist”.
The NPA’s Monica Nyuswa admitted there were not enough specialist prosecutors. “And due to budgetary constraints, the NPA has not been able to fill vacant positions.”
Nyuswa said the NPA was reviewing some of the judgments at Skukuza court to decide whether to take them on appeal.