In May 2019, Magistrate Lebogang Kebeetsweng acquitted and discharged Moyo of allegedly unlawfully being found in possession of a rhinoceros horn contrary to Section 70 of the Wildlife Conservation and National Parks Act. According to the particulars of the offence, Moyo together with Goodwill Mabaiwa and others acting together and in concert were found in possession of a rhinoceros horn without a licence or permit to possess the same on October 22, 2012, at or near Francistown. The maximum penalty of being unlawfully found in possession of a government trophy (rhino horn) is a fine of P100,000 and imprisonment of 15 years or both.
Moyo fled the country after he was granted bail late in October 2012. On July 4, 2019, Justice Matlhogonolo Phuthego ruled in favour of the Directorate of Public Prosecutions (DPP) saying that when Kebeetsweng delivered the ruling in the matter at the Magistrate Court, she was a Grade III Magistrate. The DPP premised its appeal on the basis that Kebeetsweng did not have both the trial and sentencing jurisdictions to preside over the matter. Said Phuthego then: “Section 61 (1) of the Magistrates’ Court Act puts the limit of punishment for a Grade III Magistrate at five years imprisonment or a P10,000 fine or both. Section 70 of the Wildlife Conservation and National Parks Act under which the respondent is charged attracts a fine of P100,000 and a prison term of 15 years... therefore the trial magistrate did not have jurisdiction to preside over the matter... On that account, I hold the view that the DPP has reasonable prospects of success.” Justice Phuthego then said Moyo had adopted a simplistic approach that since he has been acquitted and discharged by the lower court, and is therefore no longer an accused person, there is no basis for the state to continue holding onto his passport and bail money. “It is noteworthy that the issue of whether Moyo was properly acquitted and discharged by the lower court is still pending before this court. On the premises, the application by DPP succeeds. The respondent’s bail conditions that were imposed by the Magistrate's Court (that Moyo’s passport remains in the custody of the police and that he shall not be given his bail pending the finalisation of the matter) shall remain unchanged,” Phuthego ordered.
