Two men convicted of unlawful possession of ivory set free

The Court of Appeal has set two convicts free from their 10 years sentence for unlawful possession of a pair of elephant tusks. In June 2011 Mlungisi Dlamini and Molataemang Mazwimbo were convicted and sentenced to seven years imprisonment for unlawful possession of a pair of elephant tusks without any license or authority to justify such possession. 

The sentence was later increased to 10 years imprisonment by the High Court.  Both convicts argued that the seven and ten year’s sentences that were imposed by the Magistrate Court and the High Court were too severe. They argued that they were first offenders carrying a single pair of tusks and despite their intent to sell the tusks there is no evidence of additional aggravating features.

Further to that there was no suggestion on record that neither Dlamini nor Mazwimbo were involved in elephant poaching or that the tusks originated from a poached elephant, which may or may not be the case.

State lawyers had argued that because of the importance of the affected animals to the tourism industry the seven years sentence was appropriate, adding that there are a number of Acts imposing heavy penalties for offences relating to elephant and rhinoceros products.

Delivering the sentence last week Court of Appeal president Ian Kirby said they did find that the sentence was too severe and reduced it to two years imprisonment. “Since they have already been in custody for a longer period while awaiting trial and for their two appeal they are to be set at liberty forthwith,” he said.