Community ecstatic, NGO’s disappointed as alleged poachers get bail
They are set to reappear in the same court on January 21.
WHITE RIVER – Supporters of the six accused charged with criminal offences related to rhino poaching were ecstatic after they received bail at the White River Magistrate’s Court on Friday.
They waited for the accused; Petros Sidney Mabuza, Claude Lubisi, Clyde Mnisi, Joseph Nyalunga, Aretha Mhlanga and Rachel Qwebana; outside the court house and celebrated with loud music and dancing upon their release.
After almost a month-long bail application, Nyalunga was granted bail of R120 000 and was let off with a warning on an additional charge of illegal hunting.
Mabuza was granted bail of R90 000 and Mnisi R50 000, while Lubisi, Mhlanga and Qwebana were both released on R10 000 each.
The accused must adhere to very strict bail conditions. “They are not allowed to enter the Kruger National Park and are not allowed to leave the province of Mpumalanga without notifying the investigating officer,” said magistrate Mjaji Jan Ngobeni.
A compromise will be made when the accused need to attend proceedings at the court in Skukuza regarding other pending cases related to similar charges.
In the state’s argument, they focused on the fact that five of the accused were part of a schedule five bail application while Nyalunga was part of a schedule six bail application.
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They also focused on the fact the state only needs to prove that it is not in the interest of justice that the accused get bail, and that they suspect there is a large likelihood that the accused will commit similar offences when they have been released.
They also brought forward the fact that even though the accused did not physically steal the rhino horns, theft is a continuous crime that can be committed through the instrumentality of others, as well as the fact that the state suspects the accused will undermine the proper function of the judicial system.
The three defence attorneys all pointed out that the state did not focus on the intimidation of witnesses, the accused’s willingness to attend court hearings, whether or not they are a flight risk and the safety of the community.
They made it clear that in the instances where their clients, like Nyalunga and Mabuza, had received bail before, they complied with all the bail conditions and were always present in court.
This was one of the points on which the magistrate decided to grant bail. The others included the fact that Nyalunga, Mhlanga and Mabuza suffer from chronic illnesses, the fact that they all have strong family ties in the community, that the results of the forensic tests are not yet available and it is not in the interest of justice for the accused to stay in custody until they are.
Mnisi’s mother, Lucy Zodwa Maake, who attended all the proceedings, said, “We are very happy with the outcome, and it will be good to have them home again.”
However, not everyone felt that way. Jamie Joseph from the NGO Saving the Wild said that this is a devastating blow to anti-poaching campaigns, the police and the prosecutors who put up a brave fight.
“Moving forward, I can only assume the state will appeal, and Saving the Wild will, as a matter of urgency, put a legal watching brief on the appeal and on the trial,” Joseph said. She called the amount of bail “pocket change” for the accused.
ALSO READ: Community calls for release of alleged rhino horn kingpins
