Climate Change Bill public hearings report; Stolen rhino horns at North West Parks Board

Meeting report

Committee programme for third term
Upon presentation of the draft third term programme, Ms A Weber (DA) questioned the planned oversight trip to the Sasol plant in Sasolburg, Free State, as it had been changed from the Sasol plant in Secunda, Mpumalanga. She also asked about the duration of oversight visit, asking for specific dates.

The Chairperson confirmed the change and explaining that the oversight visit would extend from 21 to 23 September 2023.

Mr Singh asked about the Sasol plant in Secunda, after reading an article about its apparent high carbon emissions. He would email the article to the Portfolio Committee administration.

The Committee was also to visit national parks, other than the Kruger National Park.

After much consideration, the Committee adopted the programme.

Apologies were received from the Forestry, Fisheries and Environment Minister, Deputy Minister, and Director General, Ms Tshabalala as well as the Police Minister and Deputy Minister.

North West MEC opening remarks
Ms Tsotso Tlhapi, North West MEC for Economic Development, Environment, Conservation and Tourism, explained that since South Africa was home to 40% of the black rhino and 90% of the white rhino species, the impact of rhino poaching was significant, seeing as there was a sharp decrease in the rhino population. One of the resolutions had been the de-horning of rhinos to preserve rhino life, while keeping the horns safely.

Despite the legislation and regulations put in place to preserve wildlife, such as the National Environmental Management: Biodiversity Act, the organised syndicates that sold rhino horns on the black market were far more advanced. The North West government condemned all illicit activity where wildlife was concerned and worked with SAPS to ensure consequences for perpetrators.

North West Parks and Tourism Board briefing
The Chairperson then called upon the chairperson of the North West Park and Tourism Board; however, it was discovered that the board was not in existence, after lapsing three months before.

Ms Tlhapi explained that the only accounting authority in existence would be represented by its Chief Executive Officer.

Ms Thami Matshego, NWPTB CEO, presented the Board’s report, noting NWPTB is a state-owned entity (SOE) which manages 15 protected areas, covering a total surface area of 200 000 hectares. It manages four populations of the black rhino, and two populations of the white rhino species within its conservation estate.

Ms Matshego explained that the horns that were collected by rangers, either as a result of de-horning or natural dynamics amongst populations, were registered and stored in a specially constructed vault at the Board’s headquarters, in accordance with the Norms and Standards for the Marking of Rhinos and Rhino Horns.

There had been two prior unsuccessful break-in attempts in August 2014 and September 2017. Both attempts failed as a result of effective security measures by the Board. The security was further improved after both incidents.

All existing rhino stockpile had recently been moved to national central vaults for safekeeping. However, due to a continuation in de-horning operations and natural events, the rhino horn stockpile continued to increase.

In the recent break-in incident, the surveillance camera showed two suspects wearing balaclavas, enter the main vault, taking 51 rhino horns which were covered in polypropylene bags, in approximately an hour and thirty minutes.

The surveillance footage was handed over to the SAPS Organised Crime Division where a docket was registered at the Mahikeng police station with case number CAS 307/06/2023. This investigation is still underway, with the Board monitoring all progress. Three suspects had been arrested with more identified. The perpetrators seemed to be well informed about the security system, considering that they successfully disarmed the security measures in place.

The Board alerted the DEFF on the same day the break-in took place. Border posts were alerted to be on the lookout.

New security upgrades such as the use of biometrics and armed 24-hour security personnel were implemented. State Security was also helping to assess the detailed security to determine key areas of intervention.

The Board contacted the National Department of Forestry, Fisheries and Environment (DFFE) for the movement of the horns to a safer location on 27 June 2023. SAPS assisted DFFE with the safe movement of horns. The Board had successfully applied for required permits to transport horns. The horns have thus been moved from Mahikeng to a safe location, and the vault is empty.

SAPS / Hawks briefing
The Directorate for Priority Crime Investigation (DPCI) delegation was led by Mr Godfrey Lebeya, DPCI National Head and included Mr Khana, Head: Serious Organised Crime Investigation; Mr Surajbali, Head: Executive Support Services, Mr Makuoane, Head: Economic Protected Resources and Mr Patrick Mbotho, DPCI North West Head. Present from the broader SAPS were Mr Senthumele, Divisional Commissioner: Detective and Forensic Services; Mr Makinyane, Acting Divisional Commissioner: National Priority Offences: Operations; Mr Mulaudzi, Head: Forensic Science Laboratory; Mr David Seimela Head: Policy, Standards and Compliance; Mr Itumeleng Mlambo, Parliamentary Liaison.

Mr Lebeya explained that the presentation had been censored to a certain extent due to some of the information being of a sensitive nature, as the investigations spoken about were still underway.

Mr Patrick Mbotho, DPCI North West Provincial Head, explaining the DPCI mandate in Section 17D of the South African Police Service Act. Section 17A of the SAPS Act defined a “national priority offence” as organised crime; crime that required national prevention or investigation; crime that required specialised skills. DPCI specialised in project investigations which drew in the investigative expertise of multiple investigators. The three identified national priorities were: Serious Corruption Crime Investigation (SCI), Serious Organised Crime Investigation (SOCI), and Serious Commercial Crime Investigation (SCCI).

Wildlife trafficking was considered a National Priority Crime which was investigated by the Environmental Protected Resources Section under the Serious Organised Crime Investigation in DPCI. Prevention, combating and investigation of wildlife trafficking cases were in line with the National Integrated Strategy to Combat Wildlife Trafficking (NISCWT) as approved by Cabinet and Section 24 of the Constitution on the right to protect the environment for future generations.

Mr Mbotho presented facts about the landscape of South Africa as an explanation for the rampant wildlife trafficking activity. The offences in this case included housebreaking and theft, illegal dealing in rhino horn and conspiracy, possession of stolen property, illegal possession of firearms, money laundering, corruption, and racketeering. There was a possibility of new charges as the investigation continued.

Mr Mbotho presented a detailed synopsis of the 51 stolen rhino horns. On 26 June 2023 at about 05:00 the security officer patrolling the Cooks Lake premises of NWPTB noticed that the aluminium door was forced open. Upon close examination he noticed that the alarm system and camera system main frame box was damaged. The door handles of two offices were also broken and cameras in the passage were damaged. The police were contacted and informed of the break-in.

Upon investigation of the crime scene, it was discovered that a small safe that had keys to the walk-in safe had been stolen and the keys were used to open the safe. Fifty-one rhino horns with an estimated value of R9 million were stolen from the safe. A hammer, steel bar and chisel were found on the floor.

An investigation team was established. They gathered evidence and identified suspects involved in the offence. As a result, four suspects were arrested to date: Elias Manganda (40) arrested on 29 June 2023 at Rustenburg, Lindani Vernon Mthombeni (32) arrested on 4 July 2023 at Brits. Lonjezo Kanjipiti (26) arrested on 14 July 2023 at Rustenburg, and Lefa Daniel Mankgaba (46) arrested on 15 July 2023 at Rustenburg. There was another identified suspect that had not yet been arrested. The case was postponed to 14 August 2023 for further investigation. Two of the accused, Mr Mthombeni and Mr Mankgaba , were released on bail of R2000 and R5000 respectively. The other suspects were still in custody. The rhino horns had not yet been recovered.

Mr Mbotho presented some cases investigated and successes achieved:
Project Python: Trafficking in Rhino Horns from Mpumalanga to Gauteng by a Southeast Asian enterprise which was managed by Mr E Huang and his associates Mr S Chen and Ms Ping Wu. The enterprise was infiltrated during the operation to unveil their rhino horn trafficking activities, which included their money laundering activities. All three suspects were arrested and were denied bail. R2 232 950 and two vehicles: VW Tiguan and Toyota Alphard were forfeited to the State. Accused number 1: E Huang died in custody of natural causes. Accused number 2: S Chen was given a fine of R500 000 or five years imprisonment for dealing three times in rhino horns. This is on appeal. Accused number 3: Ping Wu, was given five years imprisonment for money laundering.

Project Blood Orange: Trafficking of Rhino horns was established as an overflow of generated information from Project Broadbill to address the trafficking of rhino horns from the Kruger National Park, Mpumalanga to Gauteng. One of the focus areas was to address the illicit money flows and corruption associated with rhino horn trafficking. On 23 April 2022 the project team conducted its first integrated operation to address money laundering and corruption within the Kruger National Park (KNP) focusing on the corrupt activities of KNP Rangers. Three suspects were arrested which included two KNP field rangers from the Stolznek area in the Intense Protection Zone (IPZ). Both rangers were dismissed after their arrest. Project Blood Orange was quite a success. On 2 December 2022 the Project team conducted the final integrated operation in three provinces and execute search warrants. Four suspects were arrested in Mpumalanga and another two suspects gave themselves over to the Hawks investigation team. Five suspects were arrested in Limpopo province. A warehouse and residential address were searched in Gauteng. Processing equipment to cut rhino horns and a vehicle with a concealed compartment were seized. The owner of the house and vehicle latter give himself over to the Hawks. 13 individuals were arrested during the project.

Poaching in Kruger National Park decreased by 40% in 2022 compared with those killed for their horn in 2021 with a noticeable disruption in the trend of rhinos lost in the months after the first rangers were arrested. In 2023 Minister Creecy announced that “The recent focus on money laundering and international co-operation with other law enforcement authorities saw the arrest of 26 rhino horn traffickers and 13 people for money laundering and bribing of rangers.”

During December 2021, the Hawks also responded to the sudden spike in rhino poaching and the trafficking of rhino horns in the Kruger National Park, Kwa Zulu Natal and Western Cape.
• Four wildlife traffickers were arrested for the poaching in Ceres, Western Cape.
• The Financial Intelligence Centre (FIC): South African Anti-Money Laundering Integrated Task Force (SAMLIT): Technical Operation Group (ToG) focusing on wildlife trafficking responded by looking at their financial flows and other linkages
• On 14 December 2021, the Hawks, FIC, SAMLIT, Customs, Airport Company, Transport Sector and public private partners were focused on combating rhino horn trafficking at OR Tambo International Airport (ORTIA) during the festive season. As a result, two boxes were seized at FedEx and 13 rhino horns were recovered. These horns were destined for Malaysia. One of these rhino horns was linked back to a KZN rhino poaching crime scene.

On 23 December 2021, one wildlife trafficker was arrested, and six rhino horns recovered and R100 000 seized. The cargo was exported via Qatar Airline, and these were destined for Shandong in the People’s Republic of China.

Cooperation and coordination between South Africa (Hawks) and People’s Republic of China (Customs) was ongoing. This brought forth the following results:
• 31 December 2021 - People’s Republic of China responded and arrested three wildlife traffickers, where five rhino horns and elephant ivory items were recovered by the Chinese authorities.
• 31 January 2022 - One wildlife trafficker from Malaysia was arrested at ORTIA. Flight was from ORTIA via Doha Qatar to Malaysia. Eleven rhino horns seized. One rhino horn was linked to a KZN poaching incident. This prompted coordination and cooperation between South Africa (Hawks) and Malaysia (Environmental Police and Customs)
• 1 February 2022 - One wildlife trafficker was arrested at Doha Qatar who was linked to suspect arrested at ORTIA. Twelve rhino horns seized. Excellent cooperation between South Africa (Hawks), Kuala Lumpur Malaysia and the Capital Police in Doha, Qatar.
• 16 February 2022 - One wildlife trafficker was arrested in Bedfordview, Johannesburg with 29 rhino horns seized.
• Between December 2021 and March 2022, the collaborative work done led to 11 arrests and the seizure of 76 rhino horns.

Discussion
Mr D Bryant (DA) asked Ms Tlhapi what had happened to the previous board? Why had not a new one been immediately appointed? How was oversight conducted in the absence of a board? Were interviews for prospective board members underway?

Mr Bryant asked about the Board’s capacity to look after the valuable materials that were rhino horns and suggested that the responsibility perhaps be transferred to national security.

Mr Bryant asked SAPS about its response time in the current case – how long did it take them to arrive at the crime scene?

He asked if any of the rhino horns were confirmed as having been sold. Were there any leads on the buyers?

Mr N Paulsen (EFF) asked SAPS about the number of wildlife trafficking convictions made. He commented about the consequences, as letting guilty parties off with a fine was not sufficient.

Mr N Singh (IFP) stated that rhino poaching was long existing and seemed to have no solution. More had to be done as a collaborative effort. He asked if poaching was more rampant in public or private parks. He also asked about the cooperation between private and public parks.

Mr Singh stated that there had been speculation about poaching being the result of collusion between rangers and syndicates. Had any of the arrested suspects been affiliated in any way to the parks?

Mr Singh asked about SAPS’ relationship with the National Prosecuting Authority on this – was there cooperation? Did SAPS have adequate capacity to deal with crimes of this nature?

Ms Weber asked about the role of the Green Scorpions – were cases of this nature perhaps not part of their jurisdiction?

Mr M Dlamini (ANC) asked if any horns or money had been recovered from the four arrested suspects. What nationalities were they? What was the progress in the prosecution process?

North West and SAPS responses
Ms Tlhapi explained that the merging of the North West Parks and North West Tourism boards is what had been delaying the establishment of a new board. There was progress, however, as a gazette for public comment had already been issued and would be closing soon. She was confident that there would be a new board by the end of September.

Mr Lebeya answered on the sale of rhino horns by stating that it was a matter of sensitivity, as the investigation was ongoing. He confirmed that a substantial number of convictions had been made, and that sentences varied. These were dependent on the court's assessment, not SAPS. However, there had been instances wherein guilty parties were sentenced to 25 years in prison. SAPS also seized the assets of those found guilty, which could be another form of punishment.

SAPS maintained good relations with its Asian counterparts and authorities and collaborated with all legal parties involved in investigations and prosecutions.

The capacity of DPCI when it came to such cases was still in the building process, with the current capacity rate at 54%, with posts being advertised internally and externally.

Mr Lebeya confirmed that no exhibits had been recovered from the arrested suspects and asked not to continue with this discussion due to its sensitivity. SAPS and the National Prosecuting Authority (NPA) had an excellent working relationship.

Mr Mbotho claimed that he did not know anything about the alleged late arrival by SAPS at the scene of this crime incident.

On collusion, Mr Mbotho replied that the case was being investigated holistically and that even employees were being investigated. The arrested suspects were two South Africans, who received bail, and two Malawian nationals, who were still in custody due to flight risk.

Mr Khana explained that Green Scorpions is a law enforcement unit specialised in the internal protection of natural resources, and played an important role, especially in abalone related matters. Security in private parks was more developed than in public parks, which could impact the prevalence of crime in public parks. SAPS had consulted DFFE in resolving this. A good working relationship did, however, exist between public and private parks.

Mr Makuoane added that the Green Scorpions was part of the National Biodiversity Investigative Forum (NBIF), which held monthly meetings with all investigative entities to exchange information for progressing their work.

Follow-up discussion
Mr Bryant asked if an interim measure had been put in place whilst awaiting the board merger. He asked why the time the police arrived at the crime scene had not been specified.

Ms Weber commented that the courts took too long to finalise convictions, slowing down justice. There was no guarantee that offenders who were temporarily out of custody would not repeat offences.

DPCI response
Mr Lebeya responded about the late arrival of SAPS to the crime scene stating that the case was not time sensitive. The time provided in the affidavit by SAPS was the time they arrived at the scene, not the time of the incident.

The court system was overloaded, even with just Hawks cases alone, and conviction delays could sometimes even be the fault of suspects.

The Chairperson allowed the SAPS and North West delegations to leave the meeting.

Climate Change Bill: Public Hearings Report
Mr Nhlanhla Ginindza, Committee Researcher: Fisheries, presented the Consolidated Public Hearings Report on the Climate Change Bill (B9-2022) held in the nine provinces. He summarised the proposed amendments, the new clauses and general matters, emerging issues, service delivery, and recommendations to the Parliament (see presentation). He was then asked to pause and resume his presentation at a different meeting allocated specifically to this briefing.

Discussion
Mr Singh commended the summation by Mr Ginindza asked for clarity on the recommendations to Parliament.

Mr Bryant asked if the recommendations proposed required adopting and perhaps amendment. He commended the specific nature of the report and stated that fulfilling the contents in the report would be a time-consuming commitment.

Mr Paulsen asked that the grievances of the public be taken into consideration when making recommendations.

The Chairperson acknowledged Mr Paulsen’s suggestion. He recommended that there be no adoption of this report, not until Committee members had had time to go through the report in its entirety and make any necessary amendments.

The Committee agreed to the Chairperson’s recommendation.

Mr N Capa (ANC) stated that it was important to thoroughly educate the public about the Bill to avoid redundancy, or people who will not make meaningful contributions to the Bill.

Mr Bryant agreed with Mr Capa.

The third term Committee programme was consulted to determine a suitable time to consider the hearings report as a Committee. The Committee agreed to meet on 4 August 2023.

The Chairperson closed the meeting.