WHITE RIVER – The controversial argument that Africans don’t consider rhinos to be of much value, shocked the White River Magistrate’s Court on Monday. Magistrate, Ms Winnie Baloyi, reacted vehemently to this statement made by defence attorney, Mr Bheki Silumane, before denying bail to his clients, two alleged poachers.
Silumane appeared on behalf of Mr Wozayo Maluka and Mr Mtokosizi Ndzimande. They are two of four men accused of poaching a white rhino in the Kruger National Park (KNP) on July 13.
Lt Francois Vermaak, commander of the SAPS’ rhino task team, testified about that day’s events. “SANParks field rangers came across three suspects close to the rhino carcass in the Stolsnek area of the Kruger National Park. When I arrived on the scene, Mr Maluka, Mr Towela and Mr Ndimande had already been arrested.” Vermaak testified that two bags containing one large rhino horn, one small rhino horn, binoculars, a knife and four .375 cartridges, were discovered at the scene. “A bloody axe was also found there,” he said.
Vermaak testified that Maluka explained what had happened. “He said they entered the KNP the day before and that a certain Russell had sent them into the park. He also said Towela was the one who had shot the rhino.”
Russell has since been arrested along with Sithole, but the former did not appear in court on Monday.
Baloyi recalled the defence argument presented during the accused’s previous court appearance. Apparently, the accused’s defence held that Maluka’s child was seriously ill. The accused embarked on a journey to the park, where they were told they would find a magical tree. This tree, the only one of its kind in the KNP, could heal the child. All they had to do, was to cut of a piece of one of the tree’s roots. The accused’s magical trip came to a sudden end when they bumped into field rangers and the police.
During their court appearance, Towela indicated that he would not apply for bail and the state did not oppose the application of Sithole, who was released on bail of R7 000. During the bail hearing of Maluka and Ndimande, defence attorney Mr Bheki Shilumane supported his clients’ case by saying the duty to protect our rhinos lies with nobody except the police and the South African National Defence Force.
He quoted case law emphasising this responsibility to support his argument, which Baloyi addressed. She said the case law definitely did not allow for poaching. She added that that would be a misinterpretation of the law.
Silumane argued that African people generally don’t care much for rhinos. He said rhinos and cows are considered of equal importance to Africans. Specialist state prosecutor Ms Ansie Venter reacted vehemently to this statement. She referred to King Mswati III who recently changed Swaziland’s laws, making it impossible for someone accused of rhino poaching to be released on bail.
“King Mswati is one of many Africans who care for our rhinos very deeply and wants to protect them,” she said. Before ruling on the bail application in the Skukuza Magistrate’s Court on Wednesday, Baloyi expressed that she completely disagreed with the statement. “Nothing could be further from the truth,” she said, “in fact, I regard such a remark as an insult to the court’s intelligence.”
The case’s trial date remains to be confirmed.
