Strong Sentences for Illegal Possession of Rhino Horn

Two foreign nationals accused of illegal possession of rhino horn were convicted and sentenced in the Kempton Park Regional Court on August 4, 2011.

Mr Duc Manh Chu, arrested at O.R. Tambo International Airport in June 2010 and remanded in custody, was found guilty of the illegal possession of 12 rhino horns in terms of Section 57 (1) of the National Environmental Management: Biodiversity Act, Act 10 2004 (NEMBA) as well as fraud in terms of the Customs and Excise Act, Act 91 of 1964.

Magistrate Manyathi sentenced Mr Chu to 10 years for the illegal possession of 12 horns; and an additional two years for fraud.This is the highest penalty handed down for a biodiversity crime to date under NEMBA.

Mr Phi Hung Nguyeng was also arrested at O.R. Tambo International Airport in June 2010 and remanded in custody. He was found guilty of the illegal possession of six rhino horns in terms of NEMBA Section 57 (1) as well as fraud in terms of the Customs and Excise Act, Act 91 of 1964.

Magistrate Manyathi sentenced Mr Nguyeng to six years for illegal possession of rhino horns; and an additional two years for fraud. Under NEMBA the maximum penalty is 10 years imprisonment or a fine of R10 million, or both.

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