Wildlife crime convictions

CASE UPDATES

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FOUR YEARS FOR IVORY

Name, age, origin: Damasco Nkhata, 42, Male, from Mzimba (Chivwama, TA Chindi)
Court: First Grade Magistrate G.T Longwe,location: Mzimba
Date sentenced: 25 March 2019
Sentence: Nkhata was found guilty and convicted as follows:
(i) Guilty for dealing (S.86 of NP and Wildlife Act), not guilty for possession. (S.91 of NP and Wildlife Act)
(ii) 42 months IHL
Background: The accused person was arrested by the police on 9 November 2018 at Mame motel in Mzimba district.
He was found in possession of 4 pieces of ivory weighing 11kgs valued at MK 9,075,000.00. The accused was charged with being found in possession of specimens of endangered species (African Elephant) contrary to section 86 (1) National Parks and Wildlife Act 2017. The ivory was taken to DNPW for identification and verification, the results came back positive.
A statement under caution was taken from the accused, and he was formally charged. He denied the charge.

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FOUR YEARS FOR IVORY

Name, age, origin: Jim Goma, 58, Male, from Zambia (Kaukuni, TA Chama)
Court: First Grade Magistrate G.T Longwe,location: Mzimba
Date sentenced: 25 March 2019
Sentence: Goma was found guilty and convicted as follows:
(i) Guilty for dealing (S.86 of NP and Wildlife Act), not guilty for possession. (S.91 of NP and Wildlife Act)
(ii) 42 months IHL
Background: The accused person was arrested by the police on 9 November 2018 at Mame motel in Mzimba district.
He was found in possession of 4 pieces of ivory weighing 11kgs valued at MK 9,075,000.00. The accused was charged with being found in possession of specimens of endangered species (African Elephant) contrary to section 86 (1) National Parks and Wildlife Act 2017. The ivory was taken to DNPW for identification and verification, the results came back positive.
A statement under caution was taken from the accused, and he was formally charged. He denied the charge.

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TWO YEARS AND 1.5 MILLION FINE FOR IVORY

Name, age, origin: Damalekani Sin’dyakwanu, 22, Male, from Neno (Felemu, TA mlauli Neno
Court: First Grade Magistrate G. Chirundu,location: Chikwawa
Date sentenced: 22 March 2019
Sentence: Sin’dyakwanu, was found guilty and convicted as follows:
(i)1.5million fine in default 2 years IHL for counts 1-3. (S.32 of NP and Wildlife Act, S.33 of NP and Wildlife Act, S.16 (1) of the firearm act)
(iii) 2 years IHL for count 4.(S.108 of NP and Wildlife Act)
Background: Majete Wildlife Reserve. No trophies

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TWO YEARS AND 1.5 MILLION FINE FOR IVORY

Name, age, origin: Maxell Walasi, 36, Male, from Neno (Felemu, TA mlauli Neno
Court: First Grade Magistrate G. Chirundu,location: Chikwawa
Date sentenced: 22 March 2019
Sentence: Walasi was found guilty and convicted as follows:
(i)1.5million fine in default 2 years IHL for counts 1-3. (S.32 of NP and Wildlife Act, S.33 of NP and Wildlife Act, S.16 (1) of the firearm act)
(iii) 2 years IHL for count 4.(S.108 of NP and Wildlife Act)
Background: Majete Wildlife Reserve. No trophies

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TWO YEARS AND 1.5 MILLION FINE FOR IVORY

Name, age, origin: Davie Chimango, 32, Male, from Neno (Felemu, TA mlauli Neno
Court: First Grade Magistrate G. Chirundu,location: Chikwawa
Date sentenced: 22 March 2019
Sentence: Chimango was found guilty and convicted as follows:
(i)1.5million fine in default 2 years IHL for counts 1-3. (S.32 of NP and Wildlife Act, S.33 of NP and Wildlife Act, S.16 (1) of the firearm act)
(iii) 2 years IHL for count 4.(S.108 of NP and Wildlife Act)
Background: Arrested in Majete Wildlife Reserve. No trophies

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SEVEN YEARS FOR IVORY

Name, age, origin: Enock Chakalamba, 33, Male, from Dowa (Tifelezina, TA Chiwere
Court: First Grade Magistrate Imran Phri,location: Dowa
Date sentenced: 20 March 2019
Sentence: Chakalamba was found guilty and convicted as follows:
(i) Guilty on both charges
(ii) 5 years for possession (S.86 of NP and Wildlife Act)
(iii)2.5 years for dealing – to run concurrently (S.91 of NP and Wildlife Act)
(ii) 89 months IHL
Background: Two trophies of ivory. Arrested in Chembe 1, trophies originating from Thuma Forest, Salima. Killed an elephant. and entered a protected area..

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SEVEN YEARS FOR IVORY

Name, age, origin: Zingale Samuel, 48, Male, from Salima (Chembe 1, TA Kalonga)
Court: First GradeMagistrate Imran Phri,location: Dowa
Date sentenced: 20 March 2019
Sentence: Samuel was found guilty and convicted as follows:
(i) Guilty on all charges
(ii) 5 years for possession (S.86 of NP and Wildlife Act)
(iii)2.5 years for dealing – to run concurrently (S.91 of NP and Wildlife Act)
(ii) 89 months IHL
Background: Two trophies of ivory. Arrested in Chembe 1, trophies originating from Thuma Forest, Salima. Killed an elephant. and entered a protected area.

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19 YEARS FOR KILLING ELEPHANT

Name, age, origin: Lanjesi Standi, 42, Male, from Salima (Chembe 2, TA Kalonga
Court: First GradeMagistrate Imran Phri,location: Dowa
Date sentenced: 20 March 2019
Sentence: Standi was found guilty and convicted as follows:
(i) Guilty on all charges (S.32 of NP and Wildlife Act, S.33 of NP and Wildlife Act, Other). All charges to run consecutively and alongside case 769
(ii) 233 months IHL
Background: Two trophies of ivory. Arrested in Chembe 1, trophies originating from Thuma Forest, Salima. Killed an elephant. and entered a protected area.

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FIVE YEARS FOR IVORY

Name, age, origin: Lanjesi Standi, 42, Male, from Salima (Chembe 2, TA Kalonga
Court: First Grade Magistrate Imran Phri,location: Dowa
Date sentenced: 20 March 2019
Sentence: Standi was found guilty and convicted as follows:
(i) Guilty on all charges (S.86 of NP and Wildlife Act, S.91 of NP and Wildlife Act). This case runs concurrently with another case and the sentence runs concurrently with this.
(ii) 60 months IHL
Background: Two trophies of elephant ivory. Arrested in Chembe 1, trophies originating from Thuma Forest, Salima

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12 MONTHS FOR VARIOUS ANIMAL TROPHIES

Name, age, origin: Kamuzu Oluoch Ousiege, 55, Male, from Salima (Kamponje, TA Khombeza
Court: Chief Resident Magistrate Chipao,location: Salima
Date sentenced: 27 Feb 2019
Sentence: Oluoch Ousiege was found guilty and convicted as follows:
(i) fined k20,000 on each count and 6 months IHL on each charge. (S.9 and/or 10 of Firearm Act, Other)
(ii) Firearm 0.375 rifle forfeited to mw govt.
Background: No trophies, live arms. Found in Thuma Forest, Salima

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12 MONTHS FOR VARIOUS ANIMAL TROPHIES

Name, age, origin: Mohammed Al-Mazri, 51, Male, from Sri Lanka
Court: Senior Resident Magistrate Yona,location: Lilongwe
Date sentenced: 13 Feb 2019
Sentence: Al-Mazri was found guilty and convicted as follows:
(i) first count; 12 months IHL suspended for 18 months, (S,86)
(ii) 2nd count; possession 6 months ihl suspended for 12 months, (S.86)
(iii) 750,000 fine for the 2 live tortoise
(iv) other charges withdrawn for lack of evidence
Background: Elephant, tortoise, Hippo, kudu, reedbuck specifically 14 varied trophies of Ivory, tortoise (live), hippo teeth, kudu horn, reedbuck horn. Arrested in area 49, Lilongwe

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18 MONTHS IHL FOR IVORY

Name, age, origin: Gresham Kwenda, 37, Male, from Ntchisi (Mwalukira, TA Thondo)
Court: First Grade Magistrate D B Kalua,location: Ntchisi
Date sentenced: 04 Feb 2019
Sentence: Kwenda was found guilty and convicted as follows:
(i) 72 months IHL to run concurrently with offence of theft of a solar panel
Background: The accused in this case was found in possession of one piece of ivory along with a solar panel on 19 August 2018 at Chiwembe 3, Ntchisi. The accused pleaded not guilty and the state paraded 3 witnesses. The accused did not call any witnesses.

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18 MONTHS IHL FOR IVORY

Name, age, origin: James Hamilton, 35, Male, from Blantyre (Makunje, TA Kunthembwe)
Court: Senior Resident Magistrate Yona,location: Mchinji
Date sentenced: 01 Feb 2019
Sentence: Hamilton was found guilty and convicted as follows:
(i) 18 months IHL for possession of elephant trophies (S.86 of NPW Act)
Background: Arrested at Longwe village, four pieces of elephant ivory trophies

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18 MONTHS IHL FOR IVORY

Name, age, origin: Matthews Banda, 45, Male, from Mchinji (Msampha, TA Mabvwere)
Court: Senior Resident Magistrate Yona,location: Mchinji
Date sentenced: 01 Feb 2019
Sentence: Banda was found guilty and convicted as follows:
(i) 18 months IHL for possession of elephant trophies (S.86 of NPW Act))
Background: Arrested at Longwe village, four pieces of elephant ivory trophies

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18 MONTHS FOR IVORY

Name, age, origin: Robishala Munthali, 64, Male, from Mzimba (Kamono, TA Chindi)
Court: First Grade Magistrate Longwe,location: Mzimba
Date sentenced: 29 Jan 2019
Sentence: Munthali was found guilty and convicted as follows:
(i) 18 months IHL for sale and buying of protected species, endangered species or listed species (S.86 of NPW)
Background: Arrested in Mzimba, four pieces of elephant ivory trophy. It was a transnational crime where an elephant was killed.

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18 MONTHS FOR IVORY

Name, age, origin: Zyou Yong Fei, 44, Male, from China
Court: Principal Resident Magistrate Msokera,location: Blantyre
Date sentenced: 28 Jan 2019
Sentence: Yong Fei was found guilty and convicted as follows:
(i) 18 months IHL suspended for 24 months for possession, sale and buying of protected species, endangered species or listed species (S.86 of NPW)
Background: Arrested at chileka airport with one piece of elephant ivory

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2 YEARS FOR POSSESSION OF IVORY

Name, age, origin: Major Juwa, 40, Male, from Mzimba (Mpherembe, TA Mubango)
Court: First Grade Magistrate Patrick Khamisa,location: Mzuzu
Date sentenced: 21 Jan 2019
Sentence: Juwa was found guilty and convicted as follows:
(i) 24 months IHL for possession, sale and buying of protected species, endangered species or listed species (S.86 of NPW)
Background: The accused was found in possession of ivory from an African Elephant without a licence. He was arrested at Luwinga in Mzuzu and charged with possession of specimens of a listed species contrary to s86(1) as read with s110B(b) NPWA 2017.

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18 MONTHS FOR ELEPHANT IVORY

Name, age, origin: Henry Anthony, 34, Male, from Mchinji (Chiwaula, TA Mlonyeni)
Court: Senior Resident Magistrate Yona,location: Mchinji
Date sentenced: 07 Jan 2019
Sentence: Anthony was found guilty and convicted as follows:
(i)18 months IHL for first count (S.86 of NP and Wildlife Act)
(ii)12 months IHL for second count,(S.91 of NP and Wildlife Act) to run concurrently
Background: Arrested in Mchinji, five elephant tusks. It was a transnational crime and an elephant was killed in Zambia

March 2018

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Josephy Nkhoma

Nationality: Malawian
Charges: Possession and dealing of a listed species – elephant ivory
Sentence: 3 years, 4 months in jail on both counts, to run concurrently
Sentencing date: March 7, 2018.
Josephy Nkhoma was arrested on December 12, 2017 in Mzimba. He was found with 4.435kg of elephant ivory, valued at MK6,563,800. Sentenced at Mzimba Magistrates Court.

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Organ Chilulu

Nationality: Malawian
Charges: Possession and dealing of a listed species – elephant ivory
Sentence: 2 years with IHL on both counts, to run concurrently
Sentencing date: March 7, 2018.
Organ Chilulu was arrested on October 27, 2017 in Mzimba. He was found with 3.05kg of elephant ivory, valued at MK4,515,000. Sentenced at Mzimba Magistrate Court..

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Madalisto Chikho

Nationality: Malawian
Charges: Possession of a listed species – elephant ivory
Sentence: MK350,000 fine in default of 12 months
Sentencing date: March 15, 2018.
Madalisto Chikho was arrested on July 10, 2017 in Blantyre. He was found with 0.7kg of elephant ivory, valued at MK1,220,000. Sentenced at Blantyre Magistrate Court.

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Jafali Gunde

Nationality: Malawian
Charges: Possession of a listed species – elephant bones
Sentence: 18 months with IHL
Sentencing date: March 22, 2018.
Jafali Gunde, 41, was arrested on March 10, 2018 in Lilongwe. He was found with elephant bones. Sentenced at Lilongwe Magistrates Court. 

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McDonnie Siwande

Nationality: Malawian
Charges: Possession and dealing of a listed species – elephant tusks
Sentence: 2 years with IHL on both counts, to run concurrently
Sentencing date: March 22, 2018.
McDonnie Siwande was arrested on February 2, 2018 in Lilongwe. He was found with 4.33kg of elephant tusks, valued at MK3,524,620. Sentenced at Lilongwe Magistrate Court.

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Kennedy Ten

Nationality: Malawian
Charges: Possession and dealing of a listed species – elephant ivory
Sentence: 13 years with IHL on both counts, served consecutively
Sentencing date: March 28, 2018.
Kennedy Ten, 42, was arrested on January 19, 2018 in Kasungu. He was found with 7.4kg of elephant ivory, valued at MK10,360,000. Prosecuted by Zagazaga. Sentenced at Kasungu Magistrate Court.

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Byson Mgongola

Nationality: Malawian
Charges: Possession of endangered species – hippo teeth
Sentence: MK50,000 in default of 12 months
Sentencing date: March 30, 2018.
Byson Ngongola, 24, was arrested on March 24, 2018 in Liwonde. He was found with 3.49kg of hippo teeth.  Sentenced at Liwonde Magistrate Court.

April 2018

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Sanjay Vachan

Nationality: Malawian
Charges: Possession of listed species – elephant ivory
Sentence: MK22,792,000 fine
Sentencing date: April 16, 2018.
Sanjay Vachan was arrested on April 13, 2017 in Mapanga. He was found with 11 pieces of processed ivory, valued at MK22,700,920. Sentenced at Blantyre Magistrate Court.

June 2018

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Happy Ng’oma and Mc Donald Jere

Nationality: Malawian
Charges: Possession of and dealing in listed species – elephant ivory
Sentence: Ng’oma: Six years IHL; Jere: 24 months in jail, suspended to 12 months.
Sentencing date: June 25th, 2018.
The two were arrested in February 2018 in Mpherembe trading centre in Mzimba District. They were found with two piece of ivory, weighing 1.6kg and valued at MK1,546,600. Sentenced at Mzuzu Magistrate Court.

July 2018

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Antonio Domingo,
Bateromeo Rozario,
Alumando Wyson

Nationality: Mozambican
Charges: Possession of and dealing in listed species – live pangolin
Sentence: Each sentenced to four years imprisonment with hard labour
Sentencing date: July 4th, 2018.
The three were arrested on June 27th 2018 in Lizulu trading centre in Ntcheu District. They were found with one live pangolin, which was in good health and subsequently released into a national park. Sentenced at Ntcheu Magistrate Court.

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Abdallah Sibambe

Nationality: DRC 
Charges: Possession of and dealing in listed species – elephant ivory
Sentence: Three years imprisonment with hard labour
Sentencing date: July 30th, 2018.
Arrested on May 9th 2018 in Mkanda trading centre in Mchinji District. Found with 8 pieces of ivory, weighing 23.6kg. Sentenced at Mchinji Magistrate Court.

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Richard Phiri,
Eliza Mtonga,
Gideon Ngwenya

Nationality: Zambian
Charges: Possession of and dealing in listed species – elephant ivory
Sentence: 1st accused: 12 months imprisonment (suspended); 2nd and 3rd accused: 4 years on count of possession and 12 months on count of dealing, to run concurrently.
Sentencing date: July 9th, 2018.
The two were arrested in April 2018 in Jenda in Mzimba District. They were found with 16 pieces of ivory. Sentenced at Mzimba Magistrate Court.