CoA frees ivory traffickers from harsh sentence

President of the CoA, Ian Kirby stated that Mlungisi Dlamini and Molataemang Mazwimbo were first offenders and there was no evidence of any additional aggravating features. Therefore, the trial magistrate and the High Court which increased the original sentence from seven to 10 years on appeal were misdirected in giving such severe sentences.  “The tusks were recovered and the two did not benefit financially. In those circumstances, the sentence of seven years imprisonment imposed by the magistrate was too severe and the appeal court (High Court) should not have increased it. An appropriate sentence is one or two years imprisonment,” Kirby said.

He said the appellants were first offenders and that a single pair of tusks was involved with no evidence of any organised crime.