Conviction in Medicinal Plant Case

January 22, 2008; KZN Wildlife Media Release

While investigating to a complaint that people were digging up indigenous plants on private property on 14 October 2007, Ezemvelo KZN Wildlife (EKZNW) staff came across three people loading bags onto a bakkie.

The bags were found to contain large quantities of protected and specially protected plants.The people involved did not have any collection permits, nor did they have the landowner’s permission to collect plants on that property.Mr Dumisane Mazibuko (31) from the Loskop area who works as a security guard in Estcourt, and two assistants were arrested but charges against the two assistants were later dropped.While en route to the police station to lay charges, the EKZNW staff came across another group of people also gathering plants on a nearby property.They too did not have the required permits and Ms Elsie Mthetwa (75) a practicing "sangoma" or traditional healer from Vryheid and two assistants were also arrested.Charges against the two assistants were also dropped.The cases were heard in the Winterton magistrate’s court on 09 January 2008.Mr Dumisane Mazibuko was sentenced to a R20 000 fine and two years imprisonment suspended for five years, and three years correctinal supervision of which he has to serve 16 hours per month for three years.Ms Elsie Mthetwa was sentenced to R1 000 fine and six months imprisonment, as well as R20 000 and two years imprisonment all suspended for five years.She was also sentenced to18 month’s correctional supervision of which she has to serve16 hours per month for the full 18 months.

The case was investigated by the SAPS Organised Crime Unit (Midlands) and EKZNW would like to commend this unit for the excellent work they put into the investigation."We are very pleased with the outcome of this case as the illegal gathering protected indigenous plants is a serious problem in this province," said EKZNW Chief Executive Officer, Mr Khulani Mkhize."This case sends a clear message to those who gather such plants illegally that we in Ezemvelo KZN Wildlife will prosecute offenders," he said."We have a strong group of community conservation officers who work amongst our local communities to educate people about the law and how to go about gathering medicinal plants legally, and even how to grow their own plants, so we will have no mercy on the illegal operators," he added.

"Ezemvelo KZN Wildlife has a role to play in conserving the natural resources of this province and we will apply our mandate," said Mr Mkhize.

MNZ News release No. 1 11/01/2009