Chief fined for dealing in ivory

Court Reporter
December 11, 2009



ALPHIUS Msindazi who is Chief Siphoso of Tsholotsho District who had gone into hiding after three Bulawayo men implicated him in a case involving the possession/dealing in ivory without a licence was yesterday fined US$200 (or two months in prison).
The traditional leader aged 41, of 7141/5 Pumula North pleaded guilty to contravening Section 82 (1) of the Parks and Wildlife Management Act Chapter 20:14 before Bulawayo provincial magistrate, Mrs Phathekile Msipa.
The ivory, which was the subject of the offence, was forfeited to the State although the forfeiture was ordered when the men who implicated him were sentenced.
Addressing the court in mitigation, Chief Siphoso’s lawyer, Mr Sindiso Shepherd Mazibisa of Cheda and Partners urged the court to take into account that his client is a first offender who pleaded guilty and did not benefit from the commission of the offence.
In passing sentence, Mrs Msipa said what aggravated his case was that he is a traditional leader who should lead by example.
“What you did is against the dictates of your role as a chief as your actions bring into disrepute the name of chiefs throughout the country. You gave a bad example to the people you lead given the fact that you are expected to preside over cases that are brought before you,” said Mrs Msipa.
She reminded him that he plays an important role in society equating his role to hers.
Mr Jeremiah Mutsindikwa, for the State said on 25 June this year, at about 11.55am, detectives acted on information that Chief Siphoso was in possession of ivory and was going to supply some buyers at Stunts Sports Bar along 6th Avenue in Bulawayo.
He arrived driving a vehicle and detectives approached him and searched his vehicle but could not recover the ivory.
Investigations later showed that the ivory had already been delivered to the buyer, Thulani Dube, who lives in Parklands.
Dube was arrested and indicated that Chief Siphoso had brought the ivory and it was recovered.
Dube (41), of Number 3 St Albans Road, Parklands, Butholezwe Zitha (30), of Number 38 Cumberland Drive, Hillcrest and Geoffrey Moyo, in June pleaded guilty to the charge before Mrs Msipa.
They were also being charged with contravening Section 82 (1)(b) of the Parks and Wildlife Act, Chapter 20.14 and they were fined US$200 (or two months in prison).
The two elephant tusks valued at US$1 770 were forfeited to the State.
Chief Siphoso surrendered to the police this week and revealed that he transported the ivory from Tsholotsho to Bulawayo.

Wonder how the chief got off so lightly....If it were me dealing in ivory, for example, I have no doubt that I would receive a lengthy jail sentence - years. I wonder why that would be?

Dave