Malawi Court Slaps Ivory Trafficker on the Wrist

By Charles Mkoka

BLANTYRE, Malawi, September 16, 2003 (ENS) - Liwonde First Grade Magistrate court has fined an illegal ivory trafficker MK6,000 (US$55) which she instantly paid for possessing ivory weighing 127 kilograms, likely to fetch about MK1.5 million on a legal market.

The court was packed with police officers, local residents, national wildlife officials and journalists who traveled over 80 kilometers (50 miles) from Blantyre on Wednesday to cover the ruling of the case of Maria Akimu, 38, from Machinga district, in southern Malawi.

Analysts regarded the case as one of the highest profile wildlife conservation cases in Malawi's history, in part because a 20 year veteran wildlife officer was injured during Akimu's arrest.

Park Manager for Liwonde National Park Gervas Thamala suffered a deep head wound in the course of restraining Maria and her father Blackson Akimu, who wielded the knife.

Magistrate Mathews Kamzego took almost three hours summarizing both evidence given by four state witnesses and evidence presented by the accused.

Kamzengo said, “There is conclusive evidence that the accused was in possession of ivory. Though the accused is saying that the ivory came from one Mwambala. Mwambala is only being mentioned as a scapegoat and it appears he is not available anywhere on Earth.”

Elephants at play in Liwonde National Park, Malawi (Photo courtesy African Safari & Travel)

According to her, everywhere she went there was “Ivory! Ivory! Ivory! All over.”

"The accused with full knowledge was involved in illegal dealings. She knew ivory trade is prohibited according to the law. She was dealing in dirty trade and a dirty game. The accused knew everybody involved in the trade,” the magistrate said.

The evidence given by the accused did not vindicate her, the magistrate said. “It is misleading to say that both Blackson Akimu and Violet Akimu were mere spectators in the trade. Their evidence cannot be accepted in this court as it may mislead the proceedings of the trial,” he said.

The state proved beyond reasonable doubt that the accused was in possession of ivory, and the accused was convicted as charged.

The National Parks and Wildlife Act of 1992 provides that illegal possession of ivory is punishable by a maximum sentence of five years imprisonment and MK10, 000.00 fine.

“Considering the reasons given in mitigation that you look after five orphans and that you have an obligation to pay a loan for MK10,000 and the fact that you are a first offender, I consider a jail sentence will be too harsh for you. I therefore fine you MK6,000.”

Maria Akimu, who attended the case in the company of her sister Violet and her father Blackson, looked relieved and immediately paid the fine in cash to the court clerk.

After the judgment, Thamala and and David Bradfield, project manager of the German funded Frankfurt Zoological Society who was present at the arrest and witnessed the beating of Thamala, could not believe the lenient sentence.

“Did I really have to sacrifice my life for MK6,000,” asked Thamala in the presence of reporters. “I think I need to go home and have some sleep, I can’t believe this. We have been let down.”

Bradfield broke down in tears outside the courtroom. “Is Malawi serious in wildlife conservation? How can we control it if this is the prize we get after all the efforts in investigating this offense?” he lamented.

“What the hell I am doing in this country? I think we should just wind up this project and take it somewhere else. I think it’s time that I need to be put on a plane and go home,” sobbed Bradfield.

Thamala's wife Gertrude "could have been without a husband by now,” cried Bradfield.

Thamala said he was "extremely disappointed" and plans to appeal the ruling to the High Court. He called the fine "a joke and a demoralization to the staff involved in law enforcement.”

"We brought young men who have just joined the department to the court. What idea will they have in mind when they are working in the field?” Thamala asked.

Parks and Wildlife Department Assistant Willard Kharika Banda, who was also involved in the Akimu sting operation, told journalists, “We meet armed poachers with AK-47’s. We now fear for our lives because the sentence delivered by the court makes us to insecure in the course of our duties.”

The lucrative prize - the ivory tusks of African elephants. (Photo courtesy TRAFFIC)

The court was told how Akimu escorted Thamala and Bradfield disguised as ivory buyers to Namwera and Katuli where she assured them of a ready market for ivory from fellow traffickers. The ivory to be sourced would fill three vehicles.

However, events took a different turn after Thamala and Bradfield revealed they were actually parks and wildlife officials. The fight ensued during which Thamala was injured. He was rescued by other parks officers waiting nearby.

In court Maria Akimu, tall and slim, shunned photojournalists, keeping her faced buried in her jersey until judgment was passed.

In an interview with ENS, Thamala said that some foreigners who are working on the construction of the Machinga-Ntaja road also had some ivory stored away.

“We believe that the ivory is illegally being exported to the Far East and that it is being sourced from neighboring Mozambique, Tanzania and Zambia,” Thamala said.

Analysts say that Malawi's wildlife protection policy needs to be reviewed if is it to deter offenders from committing similar offences. The judiciary also needs to be sensitized to the importance of protecting the wildlife resources that earn the country's tourism industry foreign currency, they said.

Alphius Lipiya, a parks and wildlife officer at National Parks headquarters, said, “The current Parks and Wildlife Act of 1992 is very weak and is in the process of being reviewed. The department has already engaged a consultant to review the act so that stiffer penalties are given to offenders contravening the act. Already efforts are underway to take the amended act to the parliamentary committee on legislation.”

Malawi has an estimated population of 5,000 elephants in its protected areas of Liwonde and Kasungu National Parks, Nkhota-kota and Vwaza Marsh Wildlife Reserve, according to Lipiya.

The country lost about 300 elephants in Majete Wildlife Reserve in southern Malawi in the early 1990s. The influx of automatic firearms brought in by fleeing refugees from Mozambique during the tribal war there provided the means for the slaughter of elephants in the reserve.