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.’ He then fled with the ‘sting’ rhino horns in an unmarked police vehicle carrying fake registration plates. 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. With Ngwenya as their defense attorney they appeared before Ngcobo and were given a small fine. Several months later Michael Hlatswayo, Mbongiseni Masondo and Mhlonganani Ndlovu were arrested for unlawfullly hunting rhino. 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. The other two accused, Sibusiso Mthembu and Zakhele Masinga, pleaded not guilty. They pleaded guilty and were given the option to pay deferred fines over an extended period. Accused Sipho Hlope and Zakhele Joko Khumalo were represented by advocate Ngwenya before Magistrate Ngcobo at Mtubatuba courthouse. The case was split between two courthouses.

The following month four men were arrested inside a private Zululand game reserve and charged with conspiracy to hunt rhino. Bail was denied and they are still in jail. They were represented by a different defense attorney before a different magistrate.

The other two, Sikali and Mdule, pleaded not guilty. Magistrate Ngcobo released him on bail and then later issued a small fine. One of them, Ngubane, pleaded guilty and was represented by Ngwenya. In Hluhluwe in 2014 three men were accused of conspiracy to hunt rhino. The problem of questionable legal decisions goes back several years. This is of concern to police officers who mounted a successful sting operation to arrest an alleged rhino poaching kingpin, Dumisani Gwala, who Ngcobo then released on R10 000 (US$650) bail.

Many of the worrying poaching cases are linked to a magistrate, Deuteronomium Ngcobo, and a defense attorney, Mr ZW Ngwenya. While poaching in KwaZulu-Natal is in fast forward, the prosecutorial system in some areas appears to have gone into reverse.

Rhino trial