#ConvictGwalaRhinoKingpin – Next court appearance 23 May

Posted on Apr 19, 2016 in Jamie Joseph
#ConvictGwalaRhinoKingpin – Next court appearance 23 May

Alleged KwaZulu-Natal rhino poaching kingpin, Dumisani Gwala, appeared in Ngwelezane Magistrates Court on Friday just outside of Empangeni. It was expected that trial dates would be announced, but once again his defense attorney, Mr M. Ntshangase, stalled this decision by requesting further time from the state in preparation for the trial.

The next court appearance will be 23 May and it is expected that trial dates will finally be set. Trial is anticipated to take place throughout the month of September.

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In related news…

On 12 April Warrant Officer Gumbi was acquitted in his departmental hearings, and can continue to work for the police department. This is even though the legality of the section 252A Operation was proved in a trial within a trial at criminal trial. Prior to this Magistrate Ngcobo acquitted him of all charges because he claimed the police “fabricated the story”. Gumbi was arrested after he allegedly pointed a weapon at two undercover agents posing as poachers and then fled with the horns in an unmarked police car carrying fake registration plates.


* Correction to story: #ConvictGwalaRhinoKingpin

It was brought to my attention yesterday (18/04/16) that the original magistrate on Dumisani Gwala’s case was not Mr Ngcobo, but Mr Groom. More details as follows…

The day of arrest Dumisani Gwala was shot while attempting to kill a Special Task Force member.
He went to hospital under guard and was only added as an accused once he was released from hospital.
Thus the first appearance of Gwala was in front of Magistrate Groom at Emanguzi.
However the day after his arrest, the appearance of his co-accused occurred at Ingwavuma Magistrates Court in front of Mr Ngcobo. Mr Ngcobo granted Gwala’s wife a very low bail, and then he gave the order that the vehicles seized by the police as exhibits during the investigation be handed back to his wife.
Defense attorney Ngwenya then brought forward a court application for the rest of the seized vehicles to be handed back to Dumisani Gwala.
The state opposed the application after evidence was presented by the investigating team. Magistrate Groom made a judgement in favour of the state.
A short while later a meeting took place behind closed doors with the original prosecutor and Magistrate Groom and a defense attorney representing Gwala. The decision to release the remainder of Gwala’s fleet of vehicles was done without consulting the investigating team.

Thus the magistrate has changed at least four times since Gwala was arrested in December 2014, and not three times as previously stated. The defense attorney has changed at least three times. And the prosecutor has changed at least three times.

Currently as it stands:
The defendant is Dumisani Gwala, arrested in December 2014 on three counts of dealing in rhino horn, and further counts of attempted murder.
His advocate is Mr Ntshangase.
The court house is Ngwelezane, near Empangeni.
To avoid intimidation the names of the current prosecutor and magistrate will not be published.

The story below was published on 8 March 2016.

Justice system in the crosshairs as alleged rhino poaching kingpin goes to court

By Jamie Joseph

While poaching in KwaZulu-Natal is in fast forward, the prosecutorial system in some areas appears to have gone into reverse. Many of the worrying poaching cases are linked to a magistrate, Deuteronomium Ngcobo, and a defense attorney, Mr Z.W. Ngwenya. This is of concern to police officers who mounted a successful sting operation to arrest an alleged rhino poaching kingpin, Dumisani Gwala, who (* correction above) was then released on R10 000 (US$650) bail.

The problem of questionable legal decisions goes back several years. In Hluhluwe in 2014 three men were accused of conspiracy to hunt rhino. One of them, Ngubane, pleaded guilty and was represented by Ngwenya. Magistrate Ngcobo released him on bail and then later issued a small fine. The other two, Sikali and Mdule, pleaded not guilty. They were represented by a different defense attorney before a different magistrate. Bail was denied and they are still in jail. [CAS 17 / 06 / 2014]

The following month four men were arrested inside a private Zululand game reserve and charged with conspiracy to hunt rhino. The case was split between two courthouses. Accused Sipho Hlope and Zakhele Joko Khumalo were represented by advocate Ngwenya before Magistrate Ngcobo at Mtubatuba courthouse. They pleaded guilty and were given the option to pay deferred fines over an extended period.

The other two accused, Sibusiso Mthembu and Zakhele Masinga, pleaded not guilty. Their case was moved to Empangeni Court under a different magistrate and they were sentenced to eight years imprisonment without the option of a fine. [CAS 78 / 07 / 2014]

Several months later Michael Hlatswayo, Mbongiseni Masondo and Mhlonganani Ndlovu were arrested for unlawfullly hunting rhino. With Ngwenya as their defense attorney they appeared before Ngcobo and were given a small fine. [CAS 9 / 11 / 2014]

In January last year Warrant Officer Christopher Gumbi from Jozini Crime Intelligence was arrested near Ubombo in KwaZulu-Natal after allegedly pointing a weapon at two undercover agents posing as poachers. He then fled with the ‘sting’ rhino horns in an unmarked police vehicle carrying fake registration plates. According to the media statement from KwaZulu-Natal South African Police, ‘The suspect was charged for armed robbery, possession of horn and defeating the ends of justice.’

Represented by Ngwenya, Ngcobo acquitted Gumbi of all charges, claiming that the police fabricated the story. A police spokesman at the time commented that ‘poaching syndicates appear to have infiltrated the country’s judicial system,’ saying the case ‘speaks of endemic corruption’.

In December 2014 Ngwenya represented Gwala after he was arrested in a complicated sting operation. Dockets of conspiracy to deal in rhino horn, dealing in rhino horn, attempted murder and resisting arrest were opened. Magistrate Ngcobo granted him R10 000 (US$630) bail and released six of his implicated luxury vehicles seized under the Prevention of Organised Crime Act.

The South African Police Services immediately obtained a court order to repossess the vehicles, but when the Asset Forfeiture Unit arrived at Gwala’s house, he had a five litre container of petrol and threatened to burn the vehicles if the officers didn’t back off. The vehicles then ‘disappeared’ and only one has been recovered.

To put the fines and limited bail bonds into persepctive, rhino horn is, per weight, worth more than diamonds or cocaine on the black market in China and Vietnam, fetching up to US$100 000 a kilo. An average of one rhino is killed every nine hours and there are only around 20 000 left in the wild. Yet poaching in certain KwaZulu-Natal courtrooms continues to be treated as a petty crime.

Impoverished former poachers I spoke to who had been recruited from rural communities bordering wildlife areas in KwaZulu-Natal told me that when they were given a fine, they had to kill another rhino to pay off their debt to Gwala. They asked that their identities be withheld for fear of their lives.

Rhino owners in the region are now deeply concerned about the outcome of Gwala’s case. Most of them claim to have been victims of Gwala’s alleged poaching syndicate. They say they will be attending Gwala’s trial.

Trial dates for Gwala’s appearance are expected to be announced on March 9 at his next court appearance. The court house has been moved to Ngwelezane in Empangeni where he will be represented by a new defense attorney Mr M. Ntshangase. A new magistrate is being assigned. This time, justice may be done.