Zambian poacher jailed

Sunday Mail Reporter-August 5, 2007

IN a ruling that is expected to help deter would-be wildlife criminals, Hwange Magistrates’ Court has sentenced a Zambian poacher to 18 years imprisonment for violating Zimbabwe’s hunting laws and attempting to murder three game wardens.



Magistrate Mr David Johnstone-Butcher recently jailed Morris Kakwezhi (24) on charges of illegally entering the country, hunting rhino in the Hwange National Park Intensive Protection Zone, unlawfully possessing a firearm and ammunition as well as attempted murder.

For unlawful entry, Mr Johnstone-Butcher sentenced Kakwezhi to a year in prison while the hunting charge attracted another one-year jail term.

A total of 10 years in prison for attempted murder, five years for possessing a firearm without the requisite permit and another year for illegally possessing ammunition brought the Zambian’s cumulative time in prison to 18 years.

Mr Johnstone-Butcher said the court could not reduce the cumulative effect of the judgment, as the maximum sentences that statutes allow for each charge did not reflect the seriousness of the crimes.

In fact, the cumulative sentence is light, he said.

"Judicial notice can be taken through vast losses of animals through international poachers resulting in huge protection effort and the fact that the poachers will stop at nothing, including murder, to sustain their trade in rhino horn. In this case three lives were at risk," said Mr Johnstone-Butcher.

"Normally, the court would take into account the cumulative effect of all these sentences to reduce sentences, and on account that the accused is a first offender.

"But the maximum sentences permitted by statute are unfortunately insufficient to reflect the gravity of the offences committed.

"Accordingly, none can be reduced or suspended even if suspension of a sentence on a foreign criminal could be considered appropriate, which is unlikely."

On May 17, Kakwezhi and four alleged accomplices entered Sinamatella Intensive Protection Zone in Hwange National Park where mostly rhinos are located.

The poachers spotted one of the beasts, which they trailed but eventually lost track of. As they returned from the unsuccessful mission, they ran into the three anti-poaching wardens.

The wardens fired three warning shots before ordering them to lie down with their hands up. However, Kakwezhi fired six shots at them, but failed to hit the targets. It appears the poachers had two rifles.

It was only after the rangers returned fire that Kakwezhi threw his rifle to the ground before taking to his heels. He was later apprehended while his accomplices managed to escape.

The wardens recovered three bags of mealie-meal, an axe, tortoise and zebra meat. Some 22 rounds of ammunition were still loaded in the rifle, while a similar number were found in one of the poachers’ bags.

Giving evidence in court, Kakwezhi, who had no legal representation, claimed he had brought the weapon to Zimbabwe for repairs.

He pleaded guilty to all charges, including hunting the zebra and tortoise, but denied trying to kill the game wardens. Nonetheless, Mr Johnston-Butcher convicted him of all counts.

"It is regrettable that the mandatory minimum of five years for the possession of rhino horn and elephant ivory has been substituted in the Criminal Penalties Amendment Act for mere fines which seem to make light of the killing of rhino for their horns," said the magistrate.

"The total sentence therefore is 18 years’ imprisonment which is light as has already been stated and the accused can count himself lucky that he is still alive and uninjured."

Mr Bekhimpilo Tshabalala prosecuted in the case in which Kakwezhi would not identify his alleged accomplices.