The South Africa – Viet Nam Rhino Horn Trade Nexus (PDF ... - WWF

situation at the source: south africa
• South African Syndicate #2
In September 2010, the sensational and widely publicized arrests of 11 wildlife industry professionals
forming an alleged rhino crime syndicate began the most notorious rhino crime trial in South Africa to
date (Naidoo, 2012). It has been reported that between June 2006 and September 2010, “hunters, agents
or middlemen and the buyers started procuring rhinoceros on different game farms, wildlife parks and reserves
across the country with the aim of dehorning them” (Child, 2012b) and that the syndicate “induced other
farmers to dehorn their rhinos or sell their rhino horns”. It is alleged that more than 39 rhinos were killed
on a farm in Limpopo province belonging to one of the syndicate members and the carcasses sold to a
neighbouring farm without their horns (Child, 2012b). The 11 accused in the case face a total of 1872
charges that relate to the killing of rhinos, racketeering, money laundering and dealing in rhino horn.
On 9 May 2012, a joint security force made up of the Hawks, the NPA’s Asset Forfeiture Unit and officials
from the Environmental Affairs Department seized assets from the Limpopo properties of three
members of the syndicate in an attempt by the State to recoup the ZAR55 million (approximately
USD7.3 million) that the suspects allegedly made through the sale of the rhino horn (Naidoo, 2012).
All of their assets are effectively frozen until the trial is over and, if they are convicted, the proceeds of
these assets will be used to combat crime (Child, 2012b). The trial continues and the next court date is
scheduled for October 2012.
• South African Syndicate #3
Nine members of one of the most prominent and notorious syndicates, including a South African
police officer, were arrested in Hazyview, Mpumalanga, near KNP in March 2012 after a sting operation
in which four rhino horns were found in a vehicle (Viljoen, 2012). It was suspected the horns came
from an earlier poaching incident in KNP for which four park staff had been charged (Viljoen, 2012).
Police later found more than ZAR5 million (approximately USD670 000), a variety of firearms and
about 70 pangas, axes and knives hidden at three properties owned by the man believed to be the head
of the syndicate (Naidoo, 2012). The trial continues.
• Mozambican Syndicate
On 31 January 2012, three Mozambican nationals (Aselmo Baloyi, Jawaki Nkuna and Ishmael Baloyi)
who had been found guilty of illegally hunting rhinos in KNP were sentenced to 25 years’ imprisonment
each by the Phalaborwa Regional Court. The poaching gang had been caught in the Mooiplaas
section of KNP in July 2010, with two fresh rhino horns and an axe, and was also found guilty of possessing
an illegal firearm and ammunition. A fourth member of the gang had attempted to escape from
jail, but was captured and died in custody in 2011. The 25-year sentence was due to several of the
charges running concurrently. The sentences were: illegal hunting of rhino, sentenced to 10 years’
imprisonment; possession of automatic firearm, sentenced to 15 years’ imprisonment; possession of
a hunting rifle, sentenced to eight years’ imprisonment; and possession of ammunition, sentenced to
15 years’ imprisonment.
• “Pseudo-hunting” Syndicate
A Thai businessman was arrested in July 2011 as the alleged local “kingpin” for a syndicate accused of
sourcing rhino horns for export via “pseudo-hunts”. It is claimed that he has been colluding with a
South African lion farmer and safari operator to stage legal trophy hunts in North West province
(Rademeyer, 2011d). Seized documents indicated this syndicate had plans to conduct 15 “pseudohunts”
of rhinos each month (Rademeyer, 2011d). The syndicate also hired Thai women, some of them
alleged “sex workers”, to pose as hunters. In line with permit regulations, a hunter may shoot one
rhino per year and the women ensured that the syndicate had a ready pool of “hunters” (Rademeyer,
2011e). Another member of the gang was found guilty of the illegal possession of lion bones in June
2011 and he was also charged with the attempted purchase of rhino horn in a sting operation in
September 2008, but was released due to lack of evidence (Appendix 4). A Thai national was arrested at
Emperors Palace Casino in Johannesburg in March 2012 on charges related to illicit rhino horn trading.
Another South African professional hunter was arrested in May 2012. The trial continues.
• Vietnamese Syndicate #1
In mid-May 2012, a Vietnamese man was arrested after a tip-off led to a raid on a house in Bedfordview,
Johannesburg (Hosken, 2012). The suspect was charged with possession of 10 rhino horns and contravening
endangered species legislation, possession of suspected stolen property and contravening foreign
currency regulations. Police also recovered one elephant tusk, gold jewellery and approximately
ZAR4 million (approximately USD530 000) in various currencies. This individual was viewed as a flight
risk and refused bail. The trial continues.
White Rhino carcass.
©MARTIN HARVEy/WWF-CANON
• Vietnamese Syndicate #2
Two Vietnamese men were arrested during a sting operation at the Midrand Golfing Estate in Gauteng
province at the end of May 2012 (Nair, 2012). They were charged with the illegal possession of eight
rhino horns and illegal dealing in rhino horn. It has been alleged they are senior players in a multi-
billion rand international syndicate. Luxury vehicles were seized from the crime scene, together with
electronic scales, laptops, documents and files pertaining to the sale of rhino horn (Nair, 2012). The
trial continues.
Prosecutions
A variety of legal measures are relevant to the prosecution of individuals charged with rhino crime.
NEMBA and TOPS are two prominent laws used in rhino crime cases, but a range of permit violations
and transgression of CITES are also of importance. Additionally, it is possible to lay charges under the
Health and Medicines Act and the South African Civil Aviation Authority whenever veterinarians and
pilots transgress these laws (Swart, 2012).
The latest statistics for 2012 released by DEA on 21 May 2012 show that a total of 57 cases related to
rhino poaching and rhino horn trade are in the courts at the present time. Of the 161 individuals charged
in 2012, 65 (or 40%) of those accused are held in custody, while the remaining 96 (or 60%) have been
released on bail. In fact, the conviction rate of those charged with rhino crimes in South Africa is relatively
high. Both private investigators and NPA staff report that more than 90% of those arrested have gone
to court, though cases may take a long time to complete due to lack of national capacity and the complexity
of many syndicate cases, as well as delaying tactics used by defence lawyers and their clients.
Sentencing
When the first rhino horn case was tried in his court in 2010, Magistrate Manyathi of the Kempton
Park Regional Court made a decision that small fines or a “rap over the knuckles” would not suffice as
punishment for rhino crime (Coetzee, 2011). Magistrate Manyathi is reported to have said:
98 the south africa – viet nam rhino horn trade nexus TRAFFIC 99