Wheels of justice finally starts turning in poaching trial

The wheels of justice might turn slowly, but they have started to turn in the trial of three men accused of illegally hunting rhinos in the Alldays area.

The three, Juda Nyembe (42), Matthew Pedro Ngwenya (46) and Thomas Sibanda (37), appeared in the Louis Trichardt Regional Court on Tuesday, 14 November, despite the fact that a fourth suspect, January Machava (41), is missing after his release on bail in 2013.

Machava is charged with his three co-accused on three counts of the hunting of specially protected wild animals and two counts of picking up or removing dead wild animals. The charges were brought against them in 2011 when they allegedly killed two rhinos and attempted to kill a third and hack off its horns. (The farms' names are withheld to protect the owners from further poaching).

The four’s case was slowed down at first by Nyembe, Machava and Ngwenya, who brought an appeal to the North Gauteng High Court to be released on bail after they were initially denied bail, following their arrest. Their first bail application was denied since Machava and Ngwenya are Mozambicans and could pose a possible flight risk. Nyembe is a South African, but has previous convictions and criminal cases pending against him.

In their appeal, the three claimed that it was their first time in the Alldays area and that they had merely wanted to buy vegetables, and specifically watermelons, to re-sell at their respective businesses in Gauteng. They further claimed that they had been strong-armed into admitting that they had been poaching in the area. All three were released after paying R5 000 bail money.

Following this, the case was further delayed when the State had to withdraw its case against a fifth suspect, Humbulani Reason Matutu (33), who turned state witness.

The case finally started last week, when the court heard the police’s forensic report. Following this, it was Matutu’s turn to testify. He said he had been approached by Nyembe and Ngwenya during October 2011 to rent accommodation from him. The two told Matutu that they were working at Venetia Mine and that they had a contract to buy stuffed animals.

Over the next three weeks, Matutu said he was asked to accompany them and the other accused to different farms. It was always Nyembe who asked him, claiming that it was “boring to travel alone”. Matutu and Nyembe would than drop off the co-accused on the farms. Matutu said that the co-accused would enter the farms by climbing through the fences. Matutu and Nyembe would then return to Alldays, where they would wait a day or two and then go fetch the other men again. Matutu said that the men were always dropped off and entered the farms with a rifle and ammunition that they got from Nyembe’s bakkie.

Matutu said that, weeks later, he saw a notice in the Alldays Supermarket that offered a reward for information that could assist in tracking down the people responsible for hunting two rhinos on the very farms where he had seen Nyembe drop off the other accused.

The farmers who offered the reward alerted the police and it was arranged, said Matutu, that he would telephone Nyembe to tell him of a certain farm where they could hunt more rhinos.

Two days later, Machava, Nyembe and Ngwenya were arrested during a police road block. Matutu testified that, shortly before this, he had had a meeting with Nyembe and his co-accused. During this meeting, they had pressed Matutu for more details about the “rhinos” to be shot.

After Matutu’s testimony, the case was postponed until 3 and 4 April next year.

Date:24 November 2017

By: Isabel Venter

Isabel joined the Zoutpansberger and Limpopo Mirror in 2009 as a reporter. She holds a BA Degree in Communication Sciences from the University of South Africa. Her beat is mainly crime and court reporting.

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