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

aPPendices
Appendix 4 Arrests, Verdicts and Penalties for Asian Nationals charged with rhino crimes (Data from EWT Law and Policy Programme)
Date of Arrest Place of Arrest Offence Nationalist of
Suspect(s)
Not known Eastern Cape Allegedly hunted White Rhino but did not shoot
the animal.
Vietnamese
Not known Limpopo Illegal possession of 5 rhino horns. Vietnamese
Not known Kimberley,
Northern Cape
Illegal trading in rhino horns. Vietnamese
Not known Gauteng Accused of connections with rhino horn smuggling
and possession of 2 horns.
Vietnamese
Not known Gauteng Receiving and possessing rhino horns. Vietnamese
Apr 98 Milnerton, Western Cape Illegal possession of 1 rhino horn. Chinese
Jul 07 O.R. Tambo Airport,
Gauteng
Illegal possession of 4 rhino horns and attempting
to commit fraud as regards CITES permits.
Sep 08 Delmas, Mpumalanga Attempted purchasing of rhino horn in a sting
operation.
Dec 08 Hartebeespoort,
North West
Apr 09 Waterkloof residence,
Gauteng
Illegal rhino hunting and illegal trading in rhino
horn.
In possession of specimens/derivatives of lions and
rhinos (bones).
May 09 Free State Attempted to buy 6 rhino horns in an undercover
SAPS operation.
Jul 09 Opathe Game Reserve,
near Ulundi, KwaZulu-Natal
Driving illegally in Ulundi Game Reserve where 11
White Rhinos had been poached since March 2009.
Sep 09 Bruma Lake, Gauteng Attempted to buy 4 rhino horns in an undercover
SAPS operation. (252A operation).
Sep 09 Bruma Lake, Gauteng Attempted to buy 4 rhino horns in an undercover
SAPS operation.
Mar 10 Kimberley,
Northern Cape
Mar 10 O.R. Tambo Airport,
Gauteng
Vietnamese
Thai
Not known
Chinese
Chinese
Chinese
Chinese
Chinese
Attempted to buy rhino horn in an undercover
SAPS operation.
Vietnamese
Illegal possession of 7 rhino horns. Vietnamese
May 10 Bedfordview, Gauteng Illegal possession of 2 rhino horns. Chinese
Jun 10 O.R. Tambo Airport,
Gauteng
Jun 10 O.R. Tambo Airport,
Gauteng
Jun 10 O.R. Tambo Airport,
Gauteng
Illegal possession of 12 rhino horns. Attempted to
commit fraud by not being in possession of CITES
permits to possess and export the horns.
Illegal possession of 6 rhino horns. Attempted to
commit fraud by not being in possession of CITES
permits to possess and export the horns.
Illegal possession of 2 rhino horns and 184 elephant
bracelets. Attempted to commit fraud.
Vietnamese
Vietnamese
Vietnamese
Arraignment
Results
Verdict Sentence/Penalty Comments
None None None Fined ZAR30 000.
In custody Guilty ZAR40 000 and deported. 5 horns forfeited to the State.
Not known Guilty ZAR200 000 of which ZAR100 000 was
suspended for 4 years.
None None None
ZAR1.3 million used to purchase 14 rhino
horns in the sting operation was seized by
the Asset Forfeiture Unit.
None None None Recalled to Vietnam.
Out on bail Not guilty None The court ruled that as suspect was
unaware of the rhino horn he could not be
held accountable.
In custody Guilty 2.5 years imprisonment or ZAR50 000. Horns forfeited to the government
Not known Case withdrawn
Not convicted due to a lack of evidence. Arrested with 3 other individuals. Two men
were convicted; two were released due to a
lack of evidence.
Released on bail
of ZAR75 000,
ZAR50 000 -
ZAR20 000.
Not known Not known Case withdrawn.
Not known Not known Not known
Not known Guilty ZAR50 000 or 1 year imprisonment with
a further 2 years suspended for 5 years.
This was a sting operation. In terms of the
Criminal Procedure Act 51 of 1977 Section
252A Authority to make use of traps and
undercover operations and admissibility of
evidence so obtained.
Not known Not known Not known Forensic tests were to be done on their
vehicle to determine any signs of rhino.
In custody Guilty ZAR20 000 or 3 years imprisonment
An additional 5 years imprisonment
suspended for 4 years. Deported.
Released on bail
of ZAR100 000
and ZAR200 000
respectively.
Although he was linked to a syndicate of 14
people including South Africans, Chinese
and Mozambique he could only be charged
for the attempt at buying rhino horns.
Not known Not known They were still being investigated as part of
a syndicate of 14 people including South
Africans, Chinese and Mozambicans.
Not known Guilty ZAR200 000 of which ZAR100 000 was
suspended for 5 years.
Asset forfeiture attached R1.3 million which
he attempted to use to buy 14 rhino horns.
In custody Guilty 10 years imprisonment. 5 years in terms of NEMBA and 5 years for
fraud.
ZAR50 000 bail Guilty 6 years imprisonment. Arrested during a Section 252A operation.
Currently appealing sentence.
In custody Guilty 10 years imprisonment in terms of the
NEMBA and an additional 2 years for
fraud.
In custody Guilty 6 years imprisonment in terms of
NEMBA and 2 years imprisonment in
terms of the Customs Act.
In custody Guilty ZAR1 million or 4 years imprisonment.
He also received an additional 4 years
imprisonment suspended for 5 years.
The USD29 000 seized was forfeited to
the Klaserie Game Reserve. The horn was
traced back to a rhino on this reserve with
the assistance of DNA fingerprinting.
170 the south africa – viet nam rhino horn trade nexus TRAFFIC 171