Langa Mabena
Tsenulo Moyo
THE case of a 47-year-old traditional healer from Makokoba suburb in Bulawayo, who was arrested for possessing 21 pangolin scales and pleaded guilty, has taken a new twist.
The court later considered that it could not sentence him because it would be unfair to sentence him for an offence he did not know carried a mandatory sentence of nine years.
Pholani Nkomo appeared before Bulawayo regional magistrate, Sibonginkosi Mnkandla, charged with a crime for contravening Section 45(1) (b) as read with Section 128 (b) of the Parks and Wildlife Act (Chapter 20:14) —
“possession of a specially protected animal trophy (pangolin scales).”
He pleaded guilty to the offence. However, the magistrate later reconsidered, stating that despite the accused pleading guilty to the offence, no sentence was given in this matter. This was due to an omission in the charge sheet, which failed to state that the offence carries a mandatory sentence of nine years.
“The court determined that it would be unfair to sentence the accused, as he pleaded guilty to an offence without being aware of the mandatory nine-year imprisonment term. Consequently, the record has been referred to the High Court for review, so that the High Court can quash the proceedings, and the matter can start anew. The accused will be required to plead again, with full knowledge of the consequences of his guilty plea, including the mandatory nine-year imprisonment term,” said the magistrate.
In his defence, Nkomo initially stated that he kept these pangolin scales to use for healing people as he is a traditional healer.
“I have a certificate of being a traditional healer, but I do not have a licence for keeping these pangolin scales,” he stated.
In mitigation, he pleaded for a lesser sentence, arguing that he has six children who depend on him for support.
He requested that he be given a fine rather than community service, stating that community service would hinder him from providing for his children.
“May this court have mercy on me, because my children will suffer if I am sent to jail, and healing people has been my way of fending for my family. My children will be left orphans if I go to prison, and I did not know possessing pangolin scales is a crime,” he pleaded.
Pamela Cecilia Ncube, a witness, stated that they work together as traditional healers and also testified that the accused uses the pangolin scales to heal people.
“My plea is that the accused person was doing this as a form of work. If he goes to prison, his children will fail to go to school. He is not formally employed; therefore, I ask that he be given a sentence of a fine,” Ncube stated.
The court heard that on 16 January 2025, at around 5pm, detectives from the CID Minerals Flora and Fauna Unit (MFFU), Bulawayo, were on patrol in the Central Business District along Joshua Mqabuko Nkomo Street when they received a tip-off that there was a person in possession of pangolin scales at Unit Village Flea Market situated at Corner 6th Avenue and Joshua Mqabuko Nyongolo Street, looking for a buyer.
Detectives on patrol then identified the suspect standing outside the Unit Village Flea Market along Joshua Mqabuko Nyongolo Street, who matched the description provided by the informer.
They approached him, produced their identity cards, identified themselves and requested to conduct a search on him.
During the search, 21 pieces of pangolin scales were found inside the accused person’s right trouser pocket, concealed in a blue plastic bag.
The accused person was asked to produce a licence or permit that allows him to be in possession of pangolin scales, which he failed to produce, leading to his arrest.
The recovered pangolin scales were taken to Zim Post, Bulawayo, for weighing in the presence of the accused person. They weighed 0,188 kilogrammes.
The recovered pangolin scales were also taken to the Zimbabwe Parks and Wildlife Management Authority in Bulawayo in the presence of the accused person. The value of the recovered pangolin scales is US$5 000.
Online Reporter