The Itezhi Tezhi Magistrates Court has found a farmer guilty of unlawful possession of game meat and sentenced him to three years in prison.
The court also ordered the farmer to pay fines totalling to K242, 000 in cash for other poaching related offenses as part of his sentence.
Solomon Mafuta (48), a resident of Kaanzwa in chief Kaingu’s area in Itezhi Tezhi, district was charged with six counts of poaching related offenses.
In count one, Mafuta was charged with unlawful entry into the national park in violation of section 18(1) as read with section 136(a) of the Zambia Wildlife Act No. 14 of 2015.
The particulars of the offense were that on August 19, 2022, in Itezhi Tezhi district, in Southern Province, Mafuta, acting jointly with others unknown, entered the Kafue National Park without a permit.
In count two, Mafuta is charged with illegal possession of a government trophy in violation of section 97(1) Wildlife Act No. 14 of 2015.
Particulars were that on August 19, 2022, in Itezhi Tezhi, Mafuta, acting jointly and with others unknown, had in his possession a government trophy, namely 70 kgs of fresh warthog meat, without a certificate of ownership.
In the third count, Mafuta was charged with illegal hunting in the national park in violation of the Wildlife Act No. 14 of 2015.
The details of count three are that Mafuta unlawfully hunted and killed a game animal, namely a warthog, without a hunting license on the same date, jointly and with others unknown.
In the fourth count, Mafuta is charged with unlawful possession of a government trophy of a protected animal in violation of section 130(1) of the Wildlife Act.
Particulars of the offence in count four were that Mafuta was found with trophies of a protected animal, namely a head and claws of a white-backed headed vulture, without a certificate of ownership on the same date and while acting jointly with others unknown.
In the fifth count, Mafuta is charged with unlawful possession of a firearm in violation of Zambia’s firearm act cap 110.
Mafuta was also charged with unlawful possession of ammunition under Section 130 (1) (a) of the Zambia Wildlife Act No. 14 of 2015.
The charges were that on the same day, Mafuta, acting jointly with others unknown, did possess ammunition, specifically seven live shotgun shells, without a firearm license.
When the case came up for plea before magistrate Mugala Chalwe, Mafuta pleaded guilty to all but the fourth count, for which he will be tried on September 12, 2022.
According to the evidence presented in court, on August 19, 2022, around 12:00 hours, Zambia wildlife police officers were conducting patrols in the Cipango area of the national park when they encountered Mafuta, who was asked to produce documents allowing him to do what he did in the national park, but he failed.
He was apprehended and later charged with the subject offenses.
In mitigation, Mafuta stated that he has eight children, five of whom are in school, and that he has maize in various locations.
He said his children who are in school will suffer while his maize will go to waste if he is imprisoned.
In sentencing him, magistrates Chalwe stated that he had heard Mafuta’s mitigation and considered it.
“I have taken into consideration all that you have said in mitigation. I thank you for not wasting the court’s time but the offences you committed are very serious hence the need to punish you arises,” she said.
She then ordered him to pay K120, 000 for the first and second counts in default nine months simple imprisonment and K1,000 for the fifth and six counts in default, nine months simple imprisonment.
For the third count, magistrates Chalwe imposed a three-year simple imprisonment sentence on Mafuta.
Muletumfwilako uluse bamafumu. Only 70kg warthog meat and 8 children to support. Its not poaching like iyama chipembele. It was for food
Is a warthog a protected animal? I don’t see it on the SITES list.
This is why I say you have no respect for the law…do you understand what poaching is? Yes this is extremely harsh…an animal does not have to be on SITES list; you unlawfully entering into the national park in violation of section 18(1) as read with section 136(a) of the Zambia Wildlife Act No. 14 of 2015…that’s before you even fire your illegal muzzle loading rifle you hide under your double bed…even hunting mice or monkeys is illegal within a park.
Tarino Rubbish… you take life too seriously. The story says PROTECTED animal. A warthog is not protected it’s only that this man hunted in a protected area without permission. Is that too scientific for you to understand?
Deja Vu – This is why you get arrested or shot then you say I wasnt hunting animals on SITES endangered list. Government trophy (1) Any specimen of any protected species the absolute ownership of which has not passed to any person under the provisions of this Act, shall be a government trophy for the purposes of this Act.
Deja Vu – This is why you get arrested or shot then you say I wasnt hunting animals on SITES endangered list. Govt trophy Any specimen of any protected species the absolute ownership of which has not passed to any person under the provisions of this Act, shall be a government trophy for the purposes of this Act.
Deja Vu – My response is awaiting moderation for whatever reason and has defined what a Govt trophy is ..everything in a National Park is protected. I would not be surprised if you go poaching when you disappear
Tarino Orange… even when I was in grade seven I knew that everything in the game area was protected and that you had to have a license to hunt game. There’s a world of a difference between protected animal and protected area. We got a hunting license in NWP and indicated what animals we were going to hunt… warthog is one of them and our license is approved… certain animals like elephant we are told it’s protected you can’t kill. I’m not just blabbing I am talking from experience.
Why are the poor handed out such harsh sentences …meanwhile a corrupt former minister will pay ACC K100,000 to wave all charges in a case where he stole K6,000,000.
a poor man in zambia has been in trouble. the poor farmer only stol an an animal (worthog) only worth k2 750 and has been sentenced to three years and fined k240 000. while the those that had stollen millions are almost left fre. these are judges we have groomed in zambia,anyway, it is ‘weep not child’ by ngogi wathiongo
Don’t steal a chicken still billions