Men fined P50K each for unlawful possession of tusks
The Francistown Magistrate Court has fined two men - Omphitlhetse Meshak and Percy Lotlegang - P50 000 each for the two counts of the offence of unlawful possession of elephant tusks.
When passing judgement, Magistrate Ditebogo Ntule said that the accused persons’ failure to pay the amount by 30th May 2024 will result in them facing two years’ imprisonment.
Particulars of offence on the first count are that the two accused persons in May 2019 at or near Ntote Complex in Francistown, being persons not authorised or permitted to possess elephant tusks, and acting together in common purpose, had in their possession two elephant tusks all weighing 4.2808kg valued at P13 835.71.
In the second count the accused persons were found in possession of 21 pieces of elephant tusks all weighing 3.5962kg valued at P4012.30. Magistrate Ntule said the accused pleaded not guilty and therefore challenged the prosecution to prove a case against them at trial.
According to Ntule, at trial, the state rested its case on the evidence of six witnesses. She said the witnesses produced exhibits such as two elephant tusks, and 21 pieces of an elephant tusk.
Section 68 (2) of the Wildlife Conservation and National Parks Act that the accused persons are alleged to have contravened states that, "Any person who fails to comply with or contravenes the provisions of subsection (1), or who is found in possession of any tusk or ivory and cannot produce a certificate of ownership issued under section 67(2) thereof, or proof of registration thereof or any reasonable proof of lawful importation or possession thereof, shall be guilty of an offence and liable to a fine of P50 000 and to imprisonment for 10 years," Ntule said.
Pleading with the court not to take him to jail, accused person, Meshack said this crime has affected his marriage and now his wife is staying at different places. He noted that in the five years of the case, he missed job opportunities which affected him.
The second accused, Lotlegang highlighted that he has two children and since this matter started in 2019 he lost his job.