HLANE POACHERS PLEAD FOR LENIENCY

MBABANE – The South African Police Service reservist and three other men, who have been convicted of entering Hlane Royal Game Park without a permit, want the court to impose the most minimal sentence.

Stanley Nhlakalufu and Isaac Mkhabela, both South Africans, as well as Muzi Dlamini and Sipho Mhlanga, were acquitted of murder and attempted murder, among other charges, last week.

However, Judge Maxine Langwenya convicted them of entering the game park without a permit, contravening the Arms and Ammunition Act by being found in possession of a firearm and ammunition.

In mitigation yesterday the quartet, through their legal representative, Advocate Lucas Maziya, said that as much as the Game Act provided that the range of sentencing should be five to 15 years, they deserved a lenient sentence. 

Maziya said the convicts were enticed to commit the offence by the third-in-command at Hlane Royal Game Park, Fana Mbatha. 

He said their circumstances were different from one who planned and set out to poach.  

The advocate said to the convicts, there was nothing wrong with the expedition. He also described them as unsophisticated and that they were convinced that there was nothing untoward with the exercise as they were made to believe that the owner of the game park, who did not have a gun to put down the animals, wanted to shoot some of his animals. Maziya said it was a secondary issue that they were promised a share of the sale of the rhino horn. 

They told the court that the participation of Mbatha was a clear sign that there was nothing wrong with what they were doing. 

Interests

They also pleaded with the court to consider how the offences were committed. Maziya said his clients were of the idea that they were going to the game park to serve the interests of the owner of the game park.

“There was nothing that could make them believe that they were being trapped due to the manner this was happening. Going there at night, to them meant that it was an opportune to time as the animals might run away during the day. To them, this was a clean deal instigated by the owner of the game park. If it wasn’t for Mbatha, they would not have participated. That should weigh in their favour, not to be treated as if they knew they were committing a crime. They were caught off guard. It was after they got there that it dawned on them what was actually happening,” said the advocate.

According to Maziya, the convicts did not fight back but tried to run away. He submitted that it was clear that the intention was not to prosecute but to kill them since theirs was not an ordinary entrapment. He told the court that there was no reason for the police to open fire. He said as a result, the court should be lenient with them in sentencing.

All the four men have spent three years behind bars and, according to Maziya, that is harsh punishment. They were granted bail but were never released. Maziya said they all had minor children who depended on them for their livelihood. 

He told the court that Nhlakalufu required a specially diet and currently eats breakfast only. Mhlanga on the other hand still has bullets in his body which are still to be extracted. The advocate told the court that conditions at the Correctional Services were not conducive to the sickly duo.

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