FOREIGN NATIONALS SENTENCED FOR ILLEGAL HARVESTING OF ENDANGERED PLANTS
07 July 2025
FOREIGN NATIONALS SENTENCED FOR ILLEGAL HARVESTING OF ENDANGERED PLANTS
Calvinia, Northern Cape – The Regional Court sitting in Calvinia has sentenced four foreign nationals to 15 years of direct imprisonment each for the illegal harvesting of a rare and critically endangered plant species, contravening conservation laws, and violating South Africa’s immigration legislation. The accused Mark Daddy (43) from the Democratic Republic of Congo, and Raphael Mbhashu (25), Simbarashe Charanelura (33), and Elton Ngwanati (34), all Zimbabwean nationals, were convicted on eight charges related to their unlawful activities in the Oorlogskloof Nature Reserve near Niewoudtville.
The convictions stem from an incident on 20 April 2024, when the men illegally entered the nature reserve and harvested 303 specimens of Clivia mirabilis, a plant species endemic to the Northern Cape and facing a high risk of extinction. The street value of the confiscated plants is estimated between R6 million and R30 million. Rangers spotted the accused in the reserve and immediately alerted the police. A swift joint operation between law enforcement and reserve staff led to the arrest of the suspects, who were found in possession of five large bags containing the endangered plants and tools used to uproot them. All four pleaded not guilty.
During the trial, four witnesses testified, including an expert who confirmed the identity, rarity, and high value of Clivia mirabilis. The court also heard that illegal poaching of this species poses a significant threat to biodiversity. Court Preparation Officer Marjorie De Wee was instrumental in preparing the witnesses to deliver compelling and credible testimony.
In aggravation of sentence, Regional Court Prosecutor Darryl Bromkamp highlighted the severe ecological damage caused by environmental crimes and the urgent need to deter similar offences. He urged the court to impose a strong sentence to affirm the importance of protecting South Africa’s environmental heritage.
The court agreed with the prosecution, underscoring the seriousness of the offences and the need to safeguard the country's natural resources. It emphasised that the illegal harvesting of Clivia mirabilis, a botanical treasure unique to the region, undermines national conservation efforts.
The accused were convicted and sentenced as follows: 10 years' direct imprisonment for three environmental offences under Section 49(1)(e) of the National Environmental Management Act 107 of 1998, Sections 49(1)(a) and 50(1)(a) of the Northern Cape Nature Conservation Act 9 of 2009. 2 years’ direct imprisonment (each) on four counts under the Immigration Act 13 of 2002 for being unlawfully present in the Republic and 5 years’ direct imprisonment for unlawful entry into a protected area under Regulation 46(1) of the National Environmental Management Protected Areas Act 57 of 2003.
The court ordered that the sentences for the immigration offences (counts 4 to 7) run concurrently with the 5-year sentence for unauthorised entry (count 8), resulting in an effective 15-year sentence per accused. All tools used in the commission of the offences were forfeited to the State.
This sentence sends a strong message that environmental crimes will not be tolerated. It affirms the commitment of the National Prosecuting Authority (NPA) and the broader criminal justice system to preserving South Africa’s biodiversity and upholding the rule of law. It also reflects the growing prioritisation of environmental crimes within the broader fight against organised and transnational criminal networks.
The NPA commends the Calvinia SAPS, Oorlogskloof Nature Reserve staff, expert witnesses, and the court preparation team for their dedication and cooperation in securing this successful prosecution.
Issued by:
Mojalefa Senokoatsane
NPA Regional Spokesperson – Northern Cape Division
MSenokoatsane@npa.gov.za
073 423 3539