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Press Release: 21 September, 2022.
SAVING THE WILD SEEKS US SANCTIONS AGAINST SOUTH AFRICAN COURT OFFICIALS
TO MARK WORLD RHINO DAY ON 22 SEPTEMBER, SAVING THE WILD, IN PARTNERSHIP WITH THE DJIMON HOUNSOU FOUNDATION, MAKE AN URGENT PLEA FOR SOUTH AFRICA’S PRESIDENT, CYRIL RAMAPHOSA, TO:
- ACKNOWLEDGE THE SERIOUS ALLEGATIONS OF BRIBERY AGAINST SUSPENDED KWAZULU-NATAL COURT PRESIDENT ERIC NZIMANDE, WHO HAS BEEN RECEIVING HIS FULL SALARY OF AROUND 1.4 MILLION ZAR ANNUALLY SINCE HIS SUSPENSION ON 5 OCTOBER 2018, AND FOUR YEARS ON HAS STILL NOT GONE THROUGH A DISCIPLINARY HEARING
- ENFORCE ACCOUNTABILITY OF ALL IMPLICATED JUSTICE OFFICIALS WHO MADE PAYMENTS INTO NZIMANDE’S BANK ACCOUNT, AND ARE UNDER INVESTIGATION BY THE MAGISTRATES COMMISSION AND THE POLICE. THE POLICE ARE UNABLE TO MAKE ARRESTS UNTIL KWAZULU-NATAL DIRECTOR OF PUBLIC PROSECUTIONS, ELAINE ZUNGU, SIGNS OFF ON THE CHARGE SHEET
In October 2017, Saving the Wild exposed the “Blood Rhino Blacklist” – an alleged syndicate of corrupt judges, magistrates, prosecutors and defence attorneys who have for many years been taking bribes from those implicated in human trafficking, child rape and rhino poaching.
One year later, on 5 October 2018, South Africa’s Ministry of Justice suspended the KZN Court President Eric Nzimande due to alleged rampant corruption in his courts and alleged sexual harassment. While on suspension for the last four years, Nzimande has received his full salary of roughly 1.4 million ZAR annually, but to date not one justice official implicated in the investigation has been arrested, nor has anyone gone through a disciplinary hearing.
“Both the Magistrates Commission and the National Prosecuting Authority have used every trick in the book to delay prosecution of these corrupt justice officials, while the Ministry of Justice claim they cannot interfere. It is an amazing disgrace,” says Jamie Joseph, Saving the Wild Director. “We call on the President of South Africa to acknowledge these atrocities, and bring sanctity back to the courts. The government states that rhino poaching is a high priority crime – then why is there no minimum sentence for rhino poaching? In the case of rape and human trafficking, these victims who have the courage to come forward are being traumatised by magistrates drunk on power, and this blood money fuels their lifestyle. This is a web of corruption, and everyone is getting away with it.”
Following a meeting where Saving the Wild Director Jamie Joseph met with senior officials at US Treasury in Washington DC to seek US sanctions and present preliminary evidence, on May 31st, Saving the Wild’s Washington DC based partner, Environmental Investigation Agency, submitted the formal Global Magnitsky sanctions recommendation package to the US Department of Treasury and State. This is now in process, and targets specific individuals as opposed to an entire country.
Rewind to October 10, 2019, using the Global Magnitsky Act, US Treasury announced sanctions against members of the infamous Gupta family, which or that, in collaboration with former South African President Jacob Zuma, “leveraged its political connections to engage in widespread corruption and bribery, capture government contracts, and misappropriate state assets…which was orchestrated at the expense of the South African people.”
Crimes against humanity and rhinos on the brink of extinction have led to the urgent need for an international intervention, with bribery in the courts fuelling the crisis. The campaign is asking that President Ramaphosa urgently bring accountability and no further delays in the prosecution of all implicated justice officials.
Says Former Public Protector Professor Thuli Madonsela, “These corrupt justice officials are state capture perpetrators that have substituted themselves for the democratic process. This is the undermining of democracy by hijacking the state. These are crimes against humanity and theft of our natural heritage.”
Blood Rhino Blacklist
Saving the Wild has been the driving force in keeping the accused Zululand kingpin trial from being thrown out by exposing magistrates allegedly taking bribes on the case, appointing legal watching briefs to monitor court proceedings, and spearheading global media campaigns to drive public awareness. The accused, Dumisani Gwala, was arrested nearly eight years ago in December 2014 for attempted murder of a police officer and dealing in rhino horn. The first witness is yet to complete his cross examination. Gwala and his attorneys, implicated in the ‘Blood Rhino Blacklist’, are masters of delay tactics.
“Being quiet is being complicit to the crime,” says actor, producer and humanitarian, Djimon Hounsou, who spent extensive time in South Africa during the filming of Blood Diamond. “Certain politicians are acting on personal interests, with total disregard for human rights and the people of South Africa, and a natural heritage that must be protected. Enough with inertia. Let justice be done.”
The Djimon Hounsou Foundation’s mission is two-fold: to reconnect the Peoples of the African Diaspora with their motherland, and to combat modern-day slavery & human trafficking.
Annihilation of South Africa’s rhinos
Official figures from government state that 259 rhino were poached in South Africa in the first six months of 2022, even worse than same period last year. Hardest hit during this period was the province of KwaZulu-Natal which recorded a loss of 133 rhinos – almost all in the state-run Hluhluwe-iMfolozi Park in Zululand.
“As a child I dreamed of being a wildlife veterinarian. Now as a mother I don’t even want to imagine my children growing up in a world that stood and watched as our treasured species numbers fell into oblivion,” says South African film star Pearl Thusi “The rhino, our modern-day dinosaur is part of our natural heritage, and we, South Africans, have a duty to protect our wildlife, for today and for the next generation, because it is nature that binds all humanity.”
Mandla Dube, Silverton Siege director, who’s movie premiered in April and was opened by the First Lady, hope his fellow South Africans remember that rhinos and other iconic species represent totems that identify who Africans are and how Africans revere and respect the ecosystem.
He says, “By poaching these sacred ancient animals we are literally killing ourselves as we not only will not be able to hear their heartbeat, but we will fail ourselves by further disconnecting us as a species to our fellow creatures that roam the Earth. Africans must not only participate in this movement of Saving the Wild, but spearhead it, to save the indigenous animals that we’ve coexisted with since the beginning.
Silverton Siege Actor, Thabo Rametsi agrees: “We must stand against the worst of ourselves; against our greed, our arrogance and our complacency. Let us unite in defence of Mother Nature and protect her from our darkness. Empowering communities to be self-sustaining and disempowering the criminal elements that prey on weak governance is a necessary step in preserving our precious wildlife. This planet and all its creatures are the only legacy truly worth leaving.”
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Further quotes on request. Other supporters include former UNDP Administrator Helen Clark and Sir Richard Branson.
FURTHER INFORMATION ON THE CURRENT STATE OF SOUTH AFRICA’S RHINO CRISIS
South Africa is home to around 75% of the world’s rhino population, but this population has been decimated by poachers in recent years, predominantly in the state-run Hluhluwe iMfolozi Park in the province of KwaZulu Natal which holds the highest density of rhino, and the state run Kruger National Park which holds the highest population.
In the first six months of 2022, the official figures from government state that 259 rhino were poached in South Africa, even worse than last year same period. Hardest hit during this period was the province of KwaZulu-Natal which recorded a loss of 133 rhinos – almost all in the state-run Hluhluwe-iMfolozi Park. At this rate, the province of KwaZulu-Natal is heading towards it’s highest annual death toll ever recorded.
JOIN THE CAMPAIGN ON WORLD RHINO DAY.
BLOOD RHINO BLACKLIST.
Saving the Wild’s battle for justice: a timeline of events.
Dumisani Gwala was arrested in December 2014 for attempted murder of a police officer and dealing in rhino horn. At the time of his arrest, a spokesperson for the police operation said that about 80% of the rhino horns in the KwaZulu Natal province were going through his hands.
In January 2016, Saving the Wild began exposing corruption in the Zululand courts that were allegedly linked to ‘The Gwala Syndicate’.
In October 2017, Saving the Wild published the ‘Blood Rhino Blacklist’, an alleged KwaZulu Natal syndicate of magistrates and lawyers.
In October 2018, KZN Regional Court President Eric Nzimande was provisionally suspended by South Africa’s Minister of Justice.
“It’s been 15 months since an Umlazi magistrate has been sitting at home on a full salary for handing out “mercy” sentences to rapists. Sexual offences court magistrate Kholeka Bodlani was provisionally suspended in July last year after several of her lenient sentences were overturned by KwaZulu-Natal judges. While the Magistrates Commission said at the time that it had initiated disciplinary proceedings against her — and justice minister Roland Lamola told parliament she had “tarnished the good name, dignity and esteem” of the magistrate’s office and her conduct was “embarrassing and tarnished the image of the judiciary at large” — it seems there has been little progress.”
19 October, 2021, TimesLive“Sunday Times Daily can confirm Nzimande – a powerful and influential decision maker who was responsible for, among other things, the appointment of presiding officers to the province’s regional courts before his suspension in October 2018 – will now face 112 charges, up from the 50 he originally faced. He has been pocketing his annual salary of about R1.4m since the suspension.”
-5 April, 2021, Sunday Times
STATEMENT OF THE MINISTRY OF JUSTICE AND CORRECTIONAL SERVICES ON THE SUSPENSION OF THE KWAZULU-NATAL REGIONAL COURT PRESIDENT.
October 8, 2018
After considering the advice of the Magistrates Commission, Minister Michael Masutha on Friday the 5th of October 2018 provisionally suspended Mr Eric Nzimande, the Regional Court President for Kwazulu-Natal Division from office.
In terms of section 13 (3) (a) of the Magistrates Act, 1993 (Act No 90 of 1993), the Minister, on the advice of the Magistrates Commission may provisionally suspend a magistrate from office if:
(i) the Commission, after affording the magistrate a reasonable opportunity to be heard regarding the desirability of such provisional suspension, is satisfied that reliable evidence exists indicating that an allegation against that magistrate is of such a serious nature as to make it inappropriate for the magistrate to perform the functions of a magistrate while the allegation is being investigated; and
(ii) an investigation has been instituted by the Commission into such magistrate’s fitness to hold office.”
It is alleged, amongst others, that Mr Nzimande on various occasions approached the Deputy Minister recommending the acting appointment of a number of attorneys for them to act in the Regional Courts within his Regional Division and, in turn, received numerous payments from these attorneys. It is also alleged that Mr Nzimande wrongfully victimized and or sexually harassed, a female acting Regional Magistrate.
The Minister delegated the appointment of acting magistrates to Deputy Minister John Jeffery and he, after consultation with the Judge President of the KZN High Courts, decided to appoint Ms Sharon Marks as acting Regional Court President for KZN with immediate effect.
The Minister trusts that the inquiry by the Magistrates Commission against Mr Nzimande will be concluded as soon as possible. It is of the utmost importance that the magistracy and its leadership must be beyond reproach.
Issued by the Ministry of Justice and Correctional Services.
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South Africa rhino poaching: ‘Bribes paid to court syndicate’
By BBC Alastair Leithead
BBC World News
‘Pattern of racketeering’
In an affidavit, Fresh describes cases in detail in which he names magistrates and prosecutors he was instructed by his uncle, defense attorney Ngwenya, to pay bribes to. These were predominantly rhino poaching cases, including the case of accused rhino horn dealer Dumisani Gwala, who is yet to go on trial.
Many of these names, and others, also appear in a confidential report for the Magistrates’ Commission, seen by the BBC.
It contains allegations against Eric Nzimande, KwaZulu-Natal Regional Court President, from one of his own acting magistrates, concerning payments being made in exchange for their appointments.
Bank account searches led the investigator to widen the report to include other court officials.
The Nzimande Report outlines the accusations and finds that there “appears to have [been] a pattern of racketeering activity”, urging further investigation.
Read the full story on BBC World News.
Regional Court President Eric Nzimande: ‘Judge in sex, cash for job scandal’ on News24, 2016.
Vusi Mahlasela, Dr Jane Goodall, Helen Clark, Sir Richard Branson, Thomas D. Mangelsen and other global icons sign on to Saving the Wild’s Open Letter #JusticeForRhinos #JusticeForZululand
FRONT PAGE SUNDAY TRIBUNE | SEPTEMBER 9, 2018
KZN lawman who appoints magistrates embroiled in bribes scandal
DURBAN – The Magistrates’ Commission has moved to suspend KZN’s regional court president Eric Nzimande over allegations of misconduct.
The magistrate was served with a charge sheet on Tuesday and was given 14 days to respond to the claims.
He is in charge of appointing magistrates throughout the province.
Saving the Wild Director, Jamie Joseph, said she was relieved that Nzimande had finally been charged after three years of investigation.
Given all the racketeering, coupled with all the cash bribes, the terrible truth is that untold murderers, rapists, rhino poachers and other criminals are out there walking free because of a systematic web of corruption woven by the very people put in charge of protecting South Africans, claimed Joseph.
“Justice must be served to all,” she said.
Asked why it took three years to conclude the investigation, Moosa said: “The delays were due to the complicated nature of the investigations. There was a large volume of documentary evidence to view and witnesses to interview.
Corruption in the courtroom: A sordid tale of sex, gambling, poachers and payoffs
By Sam Sole for amaBhungane / News24 / Daily Maverick – September 22nd 2018
EXTRACTS…
By next week KwaZulu-Natal regional court president Eric Nzimande must provide reasons to the Magistrate’s Commission as to why he should not be suspended, pending the finalisation of misconduct proceedings.
In summary, Nzimande is suspected of offering acting magistrate positions in the regional courts in exchange for cash, which he seemingly needed to feed a gambling habit.
Worse, it appears he enabled – directly or indirectly – the formation of a network of judicial officers who are allegedly using their position to pervert justice on behalf of criminals.
In particular, Nzimande’s alleged patronage network appears to overlap partially with a group of court officials in northern KwaZulu-Natal who are alleged to have taken bribes – particularly around poaching cases, although, as we shall see, this was exposed because of a rape case.
Nzimande, through his attorney, was provided with detailed allegations for his comment. He failed to respond.
The delays in finalising the Magistrate’s Commission probe raise questions about the commitment and structure of the commission as the statutory body that exercises discipline over magistrates.
Attorney ZW Ngwenya
The man at the centre of these allegations is attorney Welcome Ngwenya, who also served stints as an acting magistrate – seemingly courtesy of Nzimande.
The draft report discloses five payments Ngwenya allegedly made into Nzimande’s bank account between December 2013 and December 2014, totalling R30 000.
Swart also identifies cases where Ngwenya was appearing as a defence attorney in poaching matters in Zululand at the same time he was supposed to be an acting magistrate clearing the case backlog in Pietermaritzburg.
She notes: “When comparing the dates in the charge sheets… I found that during Mr Ngwenya’s acting stint in the Regional court in [Pietermaritzburg], he was legally representing an accused person who is to be alleged as the Rhino Kingpin.
“No leave forms were submitted by Mr Ngwenya during the days he represented the accused persons in court. Neither was any money deducted from his salary.”
Ngwenya could not be reached for comment and appears to have gone to ground. We will see shortly why that might be so.
Attorney Mpume Linda
Swart’s draft report notes that Linda made a R3 000 payment into Nzimande’s account on February 7 2015 after she had been appointed for a three-month stint as an acting magistrate in the sexual offences court.
Swart notes: “I notice although she was in the sexual offences court she dealt with two corruption matters, one that includes money laundering… In case [XXX] all the accused was found not guilty… A certain attorney by the name of [SS] appeared for one [of] the accused. A payment was made into Mr Nzimande’s bank account by a [SS]. This specific payment has not yet been investigated.”
The draft report also notes that Linda appeared as the defence attorney on September 5 2016 in a rhino poaching matter that “was the same case that Mr Ngwenya appeared in when he was an acting Regional court magistrate in Pietermaritzburg”.
Linda did not respond to emailed requests for a response to detailed allegations.
It was the rhino connections that led Swart’s investigative path to intersect with the fierce bushwhacking advocacy of Jamie Joseph.
Jamie Joseph exposed the ‘Blood Rhino Blacklist’ in October 2017.
Jamie Joseph was born in Zimbabwe and grew up in South Africa. The biography on her Saving the Wild website says her “childhood days spanned the national parks of both countries, and these great wild places imprinted on her from a very young age”.
It adds: “As a teenager growing up in the height of the ecstasy rave revolution, she stumbled into the dark side and gained insights into a criminal syndicate where money talked, and dealers walked. Her fleeting dance with the devil prepared her for an unexpected life as a wildlife activist twenty years later.”
After stints in London and New Zealand, Joseph returned to South Africa in 2014 “to join the war on elephant and rhino poaching”.
She created the Saving the Wild platform and began “writing stories from the frontline”, the website notes, adding: “Since the start of 2016 she has been exposing a notorious rhino poaching syndicate led by the accused rhino poaching kingpin of Zululand, Dumisani Gwala.”
It is true that no one has done more than Saving the Wild’s Jamie Joseph to put a spotlight on the networks of corruption decimating Zululand’s rhino population – and she was highlighting the easy bail and lenient sentences enjoyed by poachers in some Zululand courts long before anyone else had heard of Welcome Ngwenya.