Judge orders rhino poaching ‘kingpin’ to pay legal fees up front
The State claims the accused constituted an ‘enterprise’ in which Mabuza and Nyalungu were businessmen and rhino poaching kingpins who illegally bought rhino horns and sold them on the illegal market.
The case against alleged Hazyview rhino poaching kingpin Joseph Nyalungu and his three surviving co-accused has been postponed to January 17, 2025.
This is to determine the trial date and to confirm that accused two, four and six (Claude Lubisi, Joseph Nyalungu and Rachel Qwebana) have paid their legal representatives.
Accused one and three, Petrus Mabuza and Chief Clyde Mnisi, were assassinated earlier this year.
On March 12, prior to the current delay in proceedings, the court heard testimony from two key witnesses who had been part of an undercover operation that led to the arrests.
ALSO READ: Kruger rhino poachers sentenced to 20 years each
The case was then postponed to September 25 after defence lawyer Hendrik Potgieter requested time to study the authorisation application for the undercover operation conducted under Section 252A.
Subsequent postponements followed as the prosecutor resigned and accused number five, Aretha Mhlanga, requested legal aid as she could no longer afford private legal representation.
Lubisi, Nyalungu and Qwebana are still represented by Potgieter, who receives instructions from Adv HJ Groenewald. Mhlanga is now represented by Adv Ilana Erasmus.
On October 4, Judge Henk Roelofse, standing in for Judge Lindelwa Vukeya, took a tough stance on the accused’s financial instructions to their legal council, ordering them to settle legal fees for the remaining four weeks needed to complete the matter in advance before their next appearance on January 17.
He ordered the instructing attorney for the accused, Groenewald, to appear in person on January 17 and to confirm the financial instructions.
“If she is unable to confirm that, the trial date will be set and trial will continue without your attorneys,” Roelofse told the accused.
This, he said, was to prevent the trial from still carrying on in 2056 due to all these attorneys coming and going.
According to court documents, Lubisi, Nyalungu, Mhlanga and Qwebana face 40 counts relating to the illegal sale of rhino horn, racketeering, money laundering, theft and other offences.
ALSO READ: Big Joe and his wife appear in the Nelspruit Magistrate’s Court
