Feral Jundi

     Rangers may search and arrest without a warrant; may use all reasonable force necessary to affect arrest; may bear arms and use them in life threatening circumstances; and in doing any of the above in the course of duty, rangers are not liable to prosecution;  (This became necessary when arrested poachers invariably and as a matter of course, brought their own fictitious charges of assault against arresting rangers, who were then prioritised and called to trial while poaching cases were relegated to the back of the queue).

     Game Rangers gazetted under the Game Act or appointed by Royal Warrant have powers Kingdom wide (such game rangers can only be gazetted by order of the Head of State through the King’s Office). -From the Game Act, Swaziland

     I was very intrigued with the concept of the Royal Warrant after watching this video about Ted Reilly and his war against poachers in Swaziland. He is certainly a warrior who has dedicated his life to protecting the wildlife of Swaziland, and after reading his history and the desperation of the situation in Swaziland, I was certainly impressed by his efforts.

    Recently I have also highlighted other anti poaching efforts in Africa, and specifically the Iraq war security contractor Damien Mander and his International Anti Poaching Association.  Both Ted’s effort in Swaziland, and Damien’s efforts in Zimbabwe and Africa highlight two examples of the kind of extreme efforts needed to combat this poaching scourge.  The kind of poaching driven by such market forces as Rhino horn being worth as much as cocaine.(almost $50,000 a kilo)

     It is also important to note that there has been an increase in poaching activity, and rangers in places like South Africa have been very busy arresting and killing poachers in the line of duty. But even with these efforts, the global recession and lack of jobs, along with the high value of poached animal horns and parts, the crimes are actually increasing. It reminds me of the piracy business model and how lucrative that is.  I am sure in the countries with weak laws on poaching or minimal resources, it is a free for all for poachers.

     So what is the answer? Well Swaziland is an interesting example of success when it comes to stopping poachers, and maybe there is something to be learned here? The Reilly family’s efforts and the tough actions against poachers blessed by the king in the form of a Royal Warrant are examples of some tough solutions.  If you read through the Game Act below, it gives an idea as to the kind of teeth that is involved with this Royal Warrant. Although I am sure any lawyer reading through the act would probably freak out on how much power has been granted to these rangers, and the possibilities of abuse of their powers.

    But on the other hand, the form of government in Swaziland is a monarchy and what the king wants, the king gets. lol If he wants his park rangers to drop the hammer on poachers, then so be it. It would be interesting to see what other countries have in the way of laws, as it pertains to the powers of individual rangers and officers, and see which country is most effective at stopping poaching? I would guess that the country with the strictest laws and most fearful anti poaching efforts are most successful at stopping it.

     Concepts like the Royal Warrant or the Letter of Marque and Reprisal might be out of style with today’s modern states, but I think there should be an effort to look at such things and reevaluate their utility. Piracy or poaching are also old criminal acts, and yet they are still around and making a strong comeback. Are modern states and their advanced rules of law keeping up? You be the judge. –Matt

‘King gave me powers to shoot to kill’

Reilly History

The Game Act

The Rhino War

Ted Reilly feeding his pet.

‘King gave me powers to shoot to kill’

Nov 29,2009

By MFANUKHONA NKAMBULE

MBABANE – Ted Machobane Reilly, the Big Game Parks proprietor, is displaying to the world a Royal Warrant purportedly signed by His Majesty the King, giving him powers to shoot to kill poachers.

Over 25 000 people have viewed Machobane’s video displayed on the youtube.com website.Big guns that could match the AK 47 were also displayed. Reilly said the Big Game Parks (BGP) had the ammunition to counter-attack armed poachers.

The nature conservationist says in the video that commentators and poachers were trying to make a case against him because everyone knew the consequences of poaching.He said security in the game reserves under his supervision was undoubtedly the best in Africa. He said the Game Act of 1991 was passed as a result of sharp increases in poaching, adding that the rhino was the main target for illegal game hunters.

He said they sold the rhino horn for USD 15 000 (about E105 000).Reilly showed the viewers poaching towers and narrated how rangers diffused or counterattacked shootings from the poachers.  Reilly said since the king issued the warrant, the rhinos multiplied because the number of poachers dwindled.He said he was sometimes forced to import species that were missing as a result of poaching. He explained that the king was forced to issue the warrant because he reported to him that there were only two rhinos left in the 90s. Machobane said rangers were entitled to kill if poachers pulled the gun first and pointed out that in most cases the rangers acted in self defence.

The rangers then sped off with a vehicle that looked like the armoured vehicles for the army as a demonstration.Rally’s video has attracted 114 comments from viewers, mainly from the United  States of America who some supported the protection of wildlife by shooting to kill the poachers but others felt human life was more important and sacred than wildlife.

The chief of wildlife in Swaziland said he was aware the cracking down on poaching has made him a controversial figure in the country but pointed out that it was significant to protect the animal kingdom.Machobane said he was able to bring 22 species of animals to the game reserves in Swaziland. In the same video, Mahlaba Mamba, the former MP and Minister of Natural Resources and Energy, criticised the Game Act on the grounds that it allegedly served the interests of Reilly.

Mamba, who was vocal in Parliament against the Game Act, said the BGP was Reilly’s business; hence he allegedly shot dead the poachers to save his own business.For a better part of the past week, the Times SUNDAY made several attempts to get comments from the Big Game Parks.

Ted Reilly was reportedly out of the country. From Wednesday, attempts were made to get hold of Anne Reilly, the BGP’s mouthpiece, but to no avail.She was telephoned more than five times each day. A questionnaire was emailed to Mlilwane Game Reserve’s address for her attention and there was no response obtained. The email address had been obtained from her secretary.Jubela Reilly was reportedly at Mkhaya Game Reserve where there was no telephone, according to staffers at Mlilwane.Bheki Dlamini, the Chief Executive Officer (CEO) of the King’s Office said he would have to watch the video clip before responding. He asked to be given ample time to go over it.

Story here.

——————————————————————

Reilly History

James Weighton Reilly (nicknamed Mickey), Ted Reilly’s father, settled at Mlilwane in 1906 – this name, meaning ‘little fire’, being derived from the numerous fires started by lightning strikes on Mlilwane hill. It was here that Mickey Reilly constructed the quaintly colonial building (the main homestead) shortly after the turn of the century, which is furnished with the many antique pieces and artifacts from the family’s fascinating history. He mined tin on Mlilwane, was the largest employer of industrial labour in Swaziland for many years and brought electricity to Swaziland. He was known the locals as Machobane.

Ted Reilly – Like his father Mickey, is known as “Machobane”

Billie Wallis, formerly Reilly, came to Swaziland in 1920 at the age of fifteen and married Mickey Reilly in 1925. She was, for many years, the only white woman between Mbabane and Manzini. Ted Reilly was born a native to Mlilwane in 1938 and became Swaziland’s pioneer conservationist.

The Reillys witnessed the disappearance of Swaziland’s game and this had a profound impact on young Ted Reilly. Between the rinderpest (or cattle plague) in 1896, excessive hunting, the ‘wildebeest plague’ in the 1930’s, poison traps, herbicides and insecticides, and unenforced game laws, the slaughter and depletion of Swaziland’s game and flora resulted to remnant populations in some areas and totally disappeared from others by the 1960’s. In less than a lifetime, from a wildlife paradise, Swaziland’s faunal wealth was reduced to the verge of extinction. The last wild animal was seen on Mlilwane in 1959 and something had to be done!

The only area available for a sanctuary was the Reilly’s own 460 ha farm which was then a highly productive mixed farming operation. Where the Rest Camp is now was a productive mealie land and tin mining added substantially to revenues. Having experiencing the spiritual values of wildlife, and seeing its escalating destruction country-wide, Ted Reilly decided to give up farming and turn over Mlilwane to provide a sanctuary for at least some of the Kingdom’s wild animals using limited personal resources and absolute dedication.

A huge tree planting operation commenced, a wetland system created (now known as the Hippo Pool), dams built, a furrow opened out and aquatic plants established, even dead tree stumps were planted for hole-nesting creatures. Then indigenous animals of all descriptions were ‘hunted’ for – from water scorpions, fishes, frogs and insects to whatever large animals remained to be caught and brought to the safety of Mlilwane. At this time, the Reilly’s approached His Majesty, King Sobhuza II for game from Hlane and that was the beginning of a long and very close personal association with the king who showed total support for Mlilwane and even donated animals from his own dwindling herds. The early days of catching game for Mlilwane are legendary and many tales, inevitably often exaggerated, are still told around the campfire. The rest camp was built on the 29th of November 1963 and opened to the public and 2 hard years later, on the 7th of January 1966, Mlilwane was gazetted as a game sanctuary under the agricultural act.

In 1969, Mlilwane was entrusted to a non-profit making trust, constituted for the benefit of the people and wildlife of Swaziland. On the 1st of April 1977, Mlilwane was proclaimed as a Nature Reserve under the newly created Swaziland National Trust Commission act of 1972, as amended. The commission also financed the ‘Hippo Haunt’ restaurant in the camp.

Mlilwane has grown to 10 times it original size through the support of the Monarchy, international support and true individual dedication and is a favourite destination for many people. Mlilwane has created entrenched conservation ethics for the Kingdom and the Swazi people are appreciative of all efforts at Nature conservation and have developed a pride in the natural heritage of their kingdom.

Link to bio here.

——————————————————————-

The Game Act

The Game Act of 1953 was amended in April 1991 with the Game Amendment Act – passed by Parliament, ratified by the King.  This Act, applied by Swaziland’s rangers, has worked and thousands of Swazis and visitors to Swaziland now peacefully view rhinos and other wildlife species in the protection of our parks.  It is hard to believe rhino had become locally extinct, and then very nearly went extinct for the second time – until the King and the leadership of our country came to the rescue with the Amendment of the Game Act and its transfer to the Office of the Head of State.

Before enactment, the Game Bill stuck with the Minister of Agriculture for more than a year until in desperation, Reilly loaded a rotting poached rhino carcass and delivered it to the King.  The result was the prompt enactment of the Bill by Parliament.

The salient features of the Game Act are:

? First Schedule – Specially Protected Game (rhino, elephant, lion) – 5 years minimum mandatory imprisonment, without the option of a fine PLUS replacement of the animal taken or its value compensated, failing which an additional 2 years imprisonment;

? Second Schedule – Royal Game – Mandatory minimum sentence of E4000,00 or 2 years imprisonment, PLUS replacement of the animal taken or its value compensated, with provision that the fine imposed may not be less than the value of the animal taken;

? Third Schedule – Common Game – Minimum of E600,00 or 6 months imprisonment, PLUS replacement value of the animal taken;

? Values of each species are gazetted for each Schedule;

? Section 28 reads – “No sentence or part of any sentence may be suspended by the court” and “No vehicle, gun or other apparatus may be released by the court unless the accused is acquitted”

? Mandatory minimum prison sentence of 12 months without the option of a fine for any official, including a judicial official, convicted of frustrating or defeating the ends of justice;

? Rangers may search and arrest without a warrant; may use all reasonable force necessary to affect arrest; may bear arms and use them in life threatening circumstances; and in doing any of the above in the course of duty, rangers are not liable to prosecution;  (This became necessary when arrested poachers invariably and as a matter of course, brought their own fictitious charges of assault against arresting rangers, who were then prioritised and called to trial while poaching cases were relegated to the back of the queue).

? Non-Bailable Offences Act – Offenders of First & Second Schedule of the Game Act may not be granted bail by the court.  The Non-Bailable Offences Act was repealed in 2004.

Comment – if you put your hand in the fire, you will get burned!  Poaching is a deliberate, premeditated act!

The Game Act currently sits with the King’s Office, a Ministry in Swaziland.  Points to consider:

• The responsibility for wildlife in Swaziland has traditionally always been vested in the King. This responsibility became legally formalised with the responsibilities for the Game Act and CITES placed under his direct control in the King’s Office by legal notice 142 of 1998.

• The Game Act, enacted by the Nation’s elected representatives to Parliament in spite of a law society petition against it, has legal application Kingdom wide – inside and outside Parks and Nature Reserves.

• The Chief Officer in the King’s Office assumes all the roles previously designated to the responsible Minister under the Act

• Big Game Parks has been delegated by the Head of State to administer the Game Act, CITES and all international Conventions/Agreements on Nature Conservation, under the governing control of the King through the King’s Office.

• The Swaziland National Trust Commission (SNTC) authority and jurisdiction is limited to the boundaries of its own Nature Reserves and institutions (SNTC Act 1972).  There is no other legislation at variance with this. The SNTC Act has legal application only inside its own properties.

• Game Rangers gazetted under the provisions of the SNTC Act have powers only within the boundaries of their own Parks and institutions (such rangers are gazetted by the Minister of Tourism).

• Game Rangers gazetted under the Game Act or appointed by Royal Warrant have powers Kingdom wide (such game rangers can only be gazetted by order of the Head of State through the King’s Office).

• All Game Rangers are subject to the laws of the land.

Swaziland can be very thankful that the responsibility for Wildlife has been formally elevated to the portfolio of the Highest Authority in the land.  Being elevated to the King’s Office gives wildlife its best chance of survival in Swaziland.

In exactly the same way as cattle and goats have ownership, so does Wildlife.  Game that has been legally purchased with money – not public money but private money – has legal ownership.  To say you cannot sell an elephant you have legally purchased is the same as saying you cannot sell your cow or goat.  To say that you can steal an impala or warthog to feed your family is the same as saying that you can steal a cow or goat in order to feed your family.

Link to Game Act here.

——————————————————————-

The Rhino War

Commercial horn poaching arrived from the north in November 1988.  Poaching had always existed, but the extent and sinister character of commercial poaching was new.  Due to the exaggerated value of horn, this new wave brought with it mafia-style gangsterism, organised crime syndicates, murder and corruption at all levels.  Africa had already lost 98% of her black rhino population due to horn poaching.  Swaziland’s Rhino War began in 1988, and ended in December 1992.  During these 4 years, Swaziland lost nearly 80% of her rhino.  During this time, the general crime, with particular reference to violent crime, rose substantially in Swaziland.  Rhino poachers were more often than not involved in other serious crimes, including armed robbery and trafficking in both contraband and illegal substances.

Swaziland’s first rhino to fall to a spray of AK47 bullets was at Hlane.  The massacre of nearly 100 rhino was to follow, four of which were lost at Mkhaya during 1992 after the dehorning of the Hlane rhino.  Near the end of the Rhino War, Swaziland was losing a rhino every two weeks.  It was during and because of the rhino poaching investigations that Petros Ngomane, Chief Ranger of Big Game Parks, had his second life assassination attempt.

It was a busy time for the rangers, arresting offenders and then spending countless hours in courtrooms, only to be disillusioned when they were released.  With their covers blown and the culprits free, the rangers were now in constant danger.  The need for stronger laws was evident, and in April 1991 the Game Amendment Act became law.  Since being passed, this Act has been acclaimed the best anti-poaching legislation in Africa!  This law was drafted as preventative rather than remedial legislation because of the continual assault on rhino.  It, together with the Big Bend Shoot-Out, resulted in an abrupt end to rhino poaching in Swaziland.  The penalties are too harsh to make poaching worthwhile.  Rangers were arrested for aiding and abetting poaching, and rewards were doubled if parks employees were complicit in any such activities.The mandatory penalties did not sit well with the courts and the number of acquittals and reduced penalties (at times below legislated minimums) increased.  The poaching escalated and in a desperate attempt to save the rhino, Hlane dehorned its remaining animals in December 1991 and confined them to high security bomas.  By this time 39 carcasses had been recovered.  Even in the bomas poachers put rangers to flight with superior weaponry and killed 2 confined rhinos for their horns.  Mlawula’s count of 16, then 12 rhino (1992) reduced to 0, with unexplained discrepancies in carcass recoveries.

The rhino crisis was presented to King Mswati ll with a recommendation to relocate Swaziland’s remaining rhino to South Africa for safekeeping.  Instead, the result was the Amended Game Act and the rangers armed with R5 automatic and LM semi-automatic weapons, equalising the terms on the battlefield.

In April 1992, Mkhaya lost two pregnant rhino cows, in the second rhino poaching incident on Mkhaya.  A shoot-out between rangers and the poaching gang ended with only the horns of one rhino being taken and the recovery of four AK47’s, a .38 Special and a .22 rifle, both stolen during a recent AK47 armed robbery on a nearby farm.  This operation culminated in the well publicised Big Bend Shoot-Out at the Bend Inn, where rangers converged on rhino horn traffickers who were trading the missing horn.  Two traffickers were shot when they drew guns and resisted.  The horns were recovered.  Only one rhino poaching incident followed in December 1992 at Mkhaya, where 5 men were arrested and an AK47 was recovered.  The last rhino slain was Mthonddvo, who at the time may have been the most photographed rhino in southern Africa.  Since his slaying and his killers brought to book, not a single rhino has been poached in Swaziland – almost 2 decades ago! (article published 2010)

Link to story here.