(Registration number 2003/005790/07

)
JOLANDI DU PLESSIS
NYLSTROOM DIEREKLINIEK CC
(Registration number 1991/021417/23)
BOSVELD WILDDIENSTE CC
(Registration number 1995/004228/23)
KMP Wildlife Trading CC t/a Limpopo Wildlife Consultant
(Registration number 2006/040524/23)
BRODSKY TRADING 268 (PTY) LTD
(Registration number 2005/017601/07)
000089
Second Respondent
Third Respondent
Fourth Respondent
Fifth Respondent
Sixth Respondent
Seventh Respondent
IN THE APPLICATION FOR A RESTRAINT OF PROPERTY ORDER IN TERMS OF
8ECTION 26 OF ACT 121 OF 1998
SUPPORTING AFFIDAVIT
I, the undersigned
JOHANJOOSTE
do hereby make oath and say the following
o o i n 9
1 I am an adult male employed by the South African Police Service ("SAPS") as a
Colonel and presently stationed at the Directorate for Priority Crimes Investigations
("DCPI"), Pretoria, and I am the Head of the Environmental Crime Unit of the DPCI.
have twenty one (21) years experience in SAPS as an investigator into general arte
organised crime. I have previously been attached to the Organised Crime Unit as
Provincial Commander responsible for Asset and Financial Investigations. In tha
position I liaised with other police units regarding the intervention of the Asset
Forfeiture Unit when property seized was suspected to be either the proceeds of
unlawful activities or an instrumentality of an offence or both.
2 The facts deposed to herein are derived both from the documentation at my disposal
and from my personal knowledge unless I state to the contrary or the context
Indicates otherwise. These facts are, to the best of my knowledge and belief, both
true and correct.
3 I have attended numerous courses relating to endangered species and I am familiar
with the modus operandi used by rhinoceros poachers. I am also familiar with the
Industry trading in rhinoceros. The killing of rhinoceros for purposes of removing their
horns and selling them in the illegal market has escalated.
4 I depose to this affidavit in support of a restraint of property order sought by the
applicant in terms of section 26 of the Prevention of Organised Crime Act, 121 of
1098 (POCA)
A. THE INVESTIGATING TEAM AND ACCUSED
5 This matter entails an investigation Into numerous crimes committed in resepct of
rhinoceros- crimes such as the illegal hunting of rhinoceros, the illegal dehorning of
rhinoceros, the illegal trade in rhinoceros horns, the illegal possession of rhinoceros
MM.
000091
horns, the illegal hunting of other protected wild species as well as the commission of
related crimes, by a group of individuals.
Because some of the crimes were committed In different provinces, an application for
centralisation was lodged and approved by the National Director of Public
Prosecutions. A copy of this direction is attached hereto as per annexure
M
JJ1" . As
a result of this, the prosecution of all the accused in this matter will be heard in the
North Gauteng High Court. Currently the matter is still on the roll in Musina
Magistrate's Court
7 The investigators that were allocated to this investigation were myself and Colonel
Smith, also of the DPCI head office. During the course of the investigation we were
supported by other members of the DPCI as will become apparent elsewhere In this
affidavit
8 As a result of our investigation the following individuals were arrested:
8.1 Dawid Jacobus Groenewald (Dawie Groenewald);
8.2 Karel Toet (Karel Toet);
8.3 Maria Magdalena Toet (Mariza Toet);
8.4 Sariëtte Groenewald (Sariëtte Groenewald);
8.5 Tielman Roos Erasmus (Tielman Erasmus);
8.6 Johannes Gysbert Du Preez (Gys Du Preez);
8.7 Hermanus Bernardus Rossouw (Nardus Rossouw)
8.8 Jacobus Martini» Pronk (Koos Pronk);
8.0 Mam» Johannes Du Plessis (Manle du Plessis);
KiV/t
000091
horns, the illegal hunting of other protected wild species as well as the commission of
related crimes, by a group of individuals.
Because some of the crimes were committed in different provinces, an application for
centralisation was lodged and approved by the National Director of Public
Prosecutions. A copy of this direction is attached hereto as per annexure " JJ1" . As
a result of this, the prosecution of all the accused in this matter will be heard in the
North Gauteng High Court. Currently the matter is still on the roll in Musina
Magistrate's Court.
7 The investigators that were allocated to this investigation were myself and Colonel
Smith, also of the DPCI head office. During the course of the investigation we were
supported by other members of the DPCI as will become apparent elsewhere in this
affidavit.
8 As a result of our investigation the following individuals were arrested:
8.1 Dawid Jacobus Groenewald (Dawie Groenewald);
8.2 Karel Toot (Karel Toot);
8.3 Maria Magdalena Toet (Marizo Toet);
8 4 Sariëtte Groenewald (Sariette Groenewald);
8 5 Tielman Roos Erasmus (Tielman Erasmus);
8.6
Johannes Gysbert Du Preez (Gys Du Preez);
fi 7 Hermanus Bernardus Rossouw (Nardus Rossouw);
8.8
jacobus Martinus Pronk (Koos Pronk);
8 9 Manus
Johannes Du Plessis (Manie du Plessis);
f ^
Q
000092
8 10 Dewald Erlank Gouws (Dewald Gouws);
8.11 Paul Dimakatso Mathoromeia (Paul Mathoromela);
8.12 Joseph Maluleke and
8.13 Leon van der Merwe.
The criminal charges have been withdrawn against Joseph Maluleke and Leon van
der Merwe.
10 Dawie Groenewald, the first defendant, has been charged with racketeering in terms
of section 2(1) (f) of POCA, as well as numerous other offences.
11 He has also, together with the other defendants, been charged with racketeering in
terms of section 2(1) (e) of POCA and various contraventions of Nature Conservation
Legislation.
12 The complete list of charges appears from the indictment which was served on the
defendants on 30 September 2011 in the Musina Regional Court. All in all there are
1872 counts. A copy of the indictment is attached hereto as "JJ 63".
13 The defendants will appear in the Musina court again on 24 April 2012 to determine
a High Court date for the purposes of plea and trial.
B BACKGROUND TO THE NATURE CONSERVATION LEGISLATION
14 | hereby give a brief background of the Nature Conservation Legislation the
defendants are alleged to have contravened namely:
14 1 The National Environmental Management Biodiversity Act, Act 10 of 2004
(hereinafter referred to as NEM8A) as amended which came into operation
on 1 September 2004.
NffV
009093
14.2 The Limpopo Environmental Management Act Act 7 of 2003 (hereinafter
referred to as LEMA) which came Into operation en 1 May 200*1;
18 The objectives of NEMBA are to provide for the management and conservation' t f
South Africa's biodiversity within the framework of the National ËhViibhlffe'Htá'l
Management Act 1998; the protection of species and ecosystems that Warrant
national protection; the sustainable use of indigenous biological resources; the fflf
and equitable sharing of benefits arising from bioprospecting Involving indigent
biological resources; the establishment and functions of a South African National
Biodiversity institute; and for matters connected therewith.
16 Section 1 of NEMBA lists restricted activities involving listed threatened Of
protected species These restricted activites are the hunting, Catching, capturing" Or
killing any living specimen of a listed threatened or protected species; the idling Of
otherwise trading in, buying, receiving, giving, donating or accepting as a gift, Of In
any way acquiring or disposing of any specimen Of a listed threatened Of piott-iotnd
species; the picking parts of, or cutting, chopping off, uprooting, damaging Of
destroying, any specimen of a listed threatened or protected species; having In
possession or exercising physical control over any specimen Of a lilted threatened Of
protected species as well as conveying, moving or otherwise translocating nny
specimen of a listed threatened or protected species,
17 in terms of Section 97(1) of NEMBA. the Minister may make regulations relating to
inter alia the carrying out of a restricted activity Involving a specimen of • Hated
threatened or protected species as well as the facilitation of the Implementation Kfid
enforcement of an International agreement regulating International trade In
specimens of apecies to which the agreement applies and which Is binding on the
Republic.
000094
18 The Minister duly made regulations relating to listed threatened and protected
species, which were published in Regulation 152 of Government Gazette number
29657 dated 23 February 2007. These regulations came Into operation on 1 June
2007 and is known as the TOPS regulations.
19 In terms of Section 56(1) of NEMBA, the Minister may publish a list of critically
endangered species, endangered species, vulnerable species and protected species,
Such a fist was published in Government Gazette number 29657 in Regulation 151
on 23 February 2007.
20 In terms of section 57(1) of NEMBA a person may not carry out a restricted activity
involving a specimen of a listed threatened or protected species without a permit
issued in terms of Chapter 7 of that Act.
21 In terms of section 57 (2) of NEMBA the Minister may, by notice in the Government
Gazette, prohibit the carrying out of any activity which is of a nature that may
negatively impact on the survival of a listed threatened or protected species;
and which is specified in the notice or prohibit the carrying out of such activity without
a permit issued in terms of Chapter 7.
22 In terms of section 57(2) of NEMBA a national moratorium on the trade of individual
rhinoceroa horns and any derivative or products of the horns within South-Africa was
announced in a notice published in Government Gazette number 31899 dated 13
February 2009 and took effect immediately.
23 Chapter 7 Of NEMBA contains various sections (Section 87 to 96) dealing with
permits Section 87 of NEMBA provides for the regulation of the issuing of permits
authorising restricted activities involving specimens of inter alia listed threatened or
protected species In terms of section 57 (1).
^
000095
24 Section 87 of NEMBA further provides for the regulation of the issuing of permits
authorising activities regulated In terms of a notice published in terms of section 57
(2).
25 In terms of Section 88 of NEMBA a person may apply for a permit by lodging a
application on the prescribed form to the authority and the issuing authority may inter
alia issue a permit unconditionally or issue it subject to conditions or refuse to issue
such permit
26 A permit Issued In terms of section 88 of NEMBA must specify the purpose for which
It is issued, the period for which it will remain valid and any other matters that may be
prescribed,
27 The objectives of LEMA are to Inter alia manage and protect the environment in the
Limpopo Province, to secure ecologically sustainable development and responsible
use of natural resources In the Province and to give effect to internationa
agreements effecting environmental management which are binding on the Province.
28 According to Section 2(2) of LEMA, it must be interpreted and applied in accordance
with the national environmental principles set out In Section 2 of the National
Environmental Management Act, Act 107 of 1996.
29 CITES (the Convention on International Trade In Endangered Species of Wild
fauna and Flora), is a multilateral treaty, drafted as a result of a resolution adopted
In 1983 at a meeting of members of the International Union for Conservation of
Nj l yj i (IUCN). The convention was opened for signature in 1973, and CITES
entered Into force on July 1,1975. South Africa acceded to the Convention on 15 Jury
1976 end the Convention came Into force In the Republic with effect from 13 October
1976. lie aim Is to ensure that international trade in specimens of wild animals and
plant* does not threaten the survival of the species in the wild, and it accords varying
vs
l * \
!
000096
degrees of protection to more than 33,000 species of animals and plants. A CITES
permit Is required for the export of specimens of species listed in the Appendices of
CITES.
C. BACKGROUND TO THE CRIMINAL CASE
30 On 9 June 2009 the Limpopo Organised Crime Unit of the SAPS launched a project
called "Project Cruiser" to investigate activities of Dawie Groenewald (first defendant),
who was suspected of illegal dealings in respect of rhinoceroses. This investigation
proceeded very slowly and during May 2010 the investigation was allocated to me,
assisted by Colonel Smith. At the end of May 2010 we received information th
certain aspects of the business that Dawie Groenewald was involved in namely, "O
of Africa Adventurous Safaris," were illegal.
31 During my Investigation, I established that Dawie Groenewald acts as a hunting
outfitter, professional hunter and wildlife trader. In conducting hit business, he
focuses on two areas in the wildlife trade namely accommodating foreign clients on
the farm Prachtig in Musina in order to hunt wild animals and trading In wildlife such
as rhinoceros and buffalo to and from the farm Prachtig, situated in Musina.
32 Dawie Groenewald is married to Sariëtte Groenewald (the fourth defendant).
Saridtte Groenewald owns 100% interest in a closed corporation," Valinor Trading
CC" (hereinafter referred to as 'Valinor Trading"), trading as Out of Africa
Adventurous Safaris (here after referred to as "Out of Africa"). Both Dawie
Groenewald and his wife Sariëtte Groenewald manage Out of Africa. Dawie
Groenewald manages the operational side of the business which refers to the hunting
of wild animals by foreign clients, while Sariëtte Groenewald manages the finances of
the business. Although a lodge and administrative office are available on the farm
prachtig, Saridtte Groenewald conducts the financial affairs from their residential
homo situated In Polokwane
^
tfN
v
J
I
Of)M7/
33 The farm Prachtig Is owned by a company called Catfish fWlifffltWfi '/'.' ^MtiMíë
Groenewald holds a 50 % stake In Catfish Investments 59 While Ihë other UH, rt h#W
by an American couple, John and Joan Pouleson. Dawlê Grbëfléw'alíí an/i iofrrV
Pouleson are the two directors of Catfish Investmehfs 59.
34 The hunting packages to hunt on the farm am usually sold (o (hfe íofelgn cfl#hf# K
huntlno shows in the USA during January of each year. When these foreign fcft#n#
come and hunt on the farm Prachtig, Tlelman Erasmus, Gys du Pteêt and Mafdus
Rossouw, (fifth, sixth and seventh defendant respectively) being pfofesefoffff
hunters, usually conduct the hunts with the clients. Dawie Groenewald aletr msde Iʧ
of other professional hunters, some being witnesses Ih the case.
35 During some of these hunts, Dawie Groenewald would allow the foreign cllênfs Uf
hunt rhinoceros In addition to the other wild animals (hey hunted In terms of fhttf
hunting packages. The hunts of the rhinoceros however, were conducted within rt
permits and these hunts were offered to the clients on the spur of the moment, f heat
rhino carcasses were removed to the skinning room on the farm Prachtig end
1
dehorned. The clients did not receive any trophies from these hunts.
36 Dawie Groenewald also conducted a thriving rhinoceros business on (he faYf
Prachtig. Many rhinoceroses were bought or exchanged end (hen moved to II if* farm.
The majority of these transactions took place with the required permits. (shm(
transactions also took place without the required permits). Marllt loot, (thlrt
defendant), would apply for the permits In the name of her husband, Ki f l i !'<"!.
(second defondant). Karel Toet would be responsible to move the fhtneeeronet (t*
other animals) to and from the farm Prachtig. At times fraud would be committed
the applications for the permits In that microchip numbers would be mtttttoheri whl
the rhinoceroses were In fact dehorned, or when the seme microchip number| woj
be mentioned on different applications. Certain applications were also SUbfMtl
F
000093
' indicating that rhinoceros transactions were to take place, when in fact the alleged
sellers of the rhinoceros/(es) would not even know Dawie Groenewald or would not
have sold any rhinoceros/(es) to him. Sariëtte Groenewald would issue the invoices
for the selling of the dehorned rhinoceros/(es).
37 From June to December 2008 at least forty eight rhinoceroses were bought and
moved to the farm Prachtig. Dawie Groenewald came to realize that a huge profit
could be made from rhinoceros horns. This started in June 2008 when he requested
one of his employees to dehorn a rhinoceros on the farm as "he wanted to see
something". This was done and Dawie Groenewald took the horns and presumably
sold them. After this incident it became clear to this employee, Barend Jacobus de
Bruin, that rhinoceroses were regularly being killed and then dehorned on the farm.
From June to December 2008 only five rhinoceroses were moved from the farm
Prachtig, all five being dehorned.
38 A distinctive technique had been used to attempt to conceal the illegal activities.
Initially Dawie Groenewald sold the rhinoceros carcasses to a local butcher. This
butcher bought 20 rhino carcasses from Dawie Groenewald from June to August
2008, and 19 carcasses in August 2010. When the butcher would no longer buy the
carcasses, Dawie Groenewald resorted to having the killed rhinoceroses buried on
the farm. He later came with an idea of burning the carcasses on the farm.
39 However, early during 2009, Dawie Groenewald remarked that he need not kill the
rhinoceroses anymore but could have them tranquilised, dehorned and then sell the
dehorned rhinoceroses as well In this way, iccording to him, he would "score twice".
From February 2009 dehorned rhinoceroses were moved from the farm. During 2009,
at least fifty nine rhinoceroses were moved from the farm of which nineteen were
dehorned. This trend continued in 2010 when one hundred rhinoceroses were moved
from the farm of which sixty four were dehorned. It is significant that the majority of
i i
H
wv
1
00009'
rhinoceroses that arrived on the farm during the period June 2008 to September 2010
were rhinoceroses with homs intact.
40 During February 2010, Dawie Groenewald was arrested in the USA and under house
arrest for the export of the leopard trophy of a leopard hunt In 2006. During this time
he realized there were numerous dehorned rhinoceroses on the farm Prachtig but no
rhinoceros horns. He also suspected that the farm would be inspected by
environmental management inspectors. On his instruction, Tielman Erasmus staged
a house breaking on the farm. Gys du Preez reported the incident to the police.
However, the police suspected something untoward, and the alleged house breaking
scene was investigated by an expert. It was determined that the house breaking was
staged.
41 During March 2010 (while Dawie Groenewald was still in the USA) the farm was
indeed inspected by environmental management inspectors. At least nine dehorned
rhinoceroses were found on the farm. The inspection was done as Dawie
Groenewald had tendered to buy one hundred rhinoceroses from the Kruger National
Park. During 2009, Dawie Groenewald and Kara! Toet had already bought forty
rhinoceroses from the Kruger National Park. However, during the Inspection in 2010 it
appeared that the farm Prachtig had no grass for the rhinoceroses and could not
accommodate these animals. Later, during 2010, Dawie Groenewald on various
occasions mentioned that he is dissatisfied with the behaviour of a certain individual
relating to the mentioned inspection and that he would "fuck him up".
42 Dawie Groenewald, Nardus Rossouw and Koos Pronk (eight defendant), all
approached different persons to establish if they wanted to have their rhinoceroses
dehorned or sell rhinoceros horns they had in their possession. Dawie Groenewald,
Karel Toet, Gys du Preez, Nardus Rossouw, Koos Pronk, Manie du Plessis (ninth
defendant), Dewald Gouws (tenth defendant) and Paul Mathoromela (eleventh
#N-
A
oooi oo
defendant) were indeed all Involved in incidents where rhinoceroses were dehorned
on different farms. The rhinoceros horns from these incidents were removed from
these farms and presumably sold.
43 The specific detail of the respective charges will be dealt with below. However, I refer
to an affidavit of Barend Jacobus de Bruin ("De Bruin") attached hereto as "JJ 2".
De Bruin was employed on the farm Prachtig. In his affidavit he describes what was
taking place on the farm while he was employed there from 1 February 2008 until 1
April 2010.
44 As a result of our investigations, search warrants for various premises as well as
warrants for the arrest of the defendants were obtained.
45 During the arrest of the defendants in September 2010, the farm Prachtig was
inspected. Twenty six dehorned rhinoceros bulls were found on the farm. The origin
of some of these dehorned rhinoceroses was established to be as follows:
45.1 Four of the rhinoceroses were initially bought from the Kruger National Park;
45.2 One of the other dehorned rhinoceroses was initially bought from the Sabi
Sand Nature Reserve;
45.3 A further dehorned rhinoceros was initially bought from JJ van der
Westhuizen in the Free State.
45.4 Three rhinoceros horns (of a bullcalf and heifer which were Initially bought
from the Kruger National Park), were later found in the possession of a
Vietnamese citizen on the OR Tambo International Airport
455 The rhinoceros horn of yet another dehorned rhinoceros bull was also later
found in the possession of two suspects» Huong Jiang Chu en Xion Blnh
Dang, who were arrested in Beaufort West.
13
t»N
000101
46 Inside the walk-in safe on the farm Prachtig, various items were found namely four
rhinoceros horns as well as elephant tusks, it was established that one of these sets
of horns originated from a rhinoceros bought from G Murphy in Mpumalanga during
April 2010 and the other set originated from a rhinoceros bought from RJ Saayman in
the Free State during Augustus 2010. Dawie Groenewald, handed a further two
rhinoceros horns to the police on 22 September 2010 and it was established that
these two horns originated from a rhinoceros which was originally bought from the
Welgevonden Private Nature Reserve during Augustus 2010. Although Dawie
Groenewald applied for a permit to possess rhinoceros horns during May 2010, this
application was granted in respect of the possession of four rhinoceros horns.
However, the microchips in the four rhinoceros horns found in the safe did not
correspond with those mentioned on the said permit.
47 No other horns were retrieved on the farm Prachtig, in spite of the large number of
transactions whereby dehorned rhinoceroses were sold. . In terms of NEMBA, a
permit Is required to dehorn a rhinoceros, to transport rhinoceros horns as well as to
posses a rhinoceros horn. It appeared that the horns of the dehorned rhinoceroses
and the rhinoceroses that were killed, were removed illegaly and then sold in
contravention of NEMBA.
48 At the time of arrest, four leopard skulls and three leopard skins were also discovered
in one of the worker's home on the farm Prachtig.
49 In the next few days following the arrest of the accused, various points were
excavated on the farm Prachtig. Numerous burnt parts of rhinoceros, nineteen
dehorned skulls as well as rhinoceros skins were found.
50 I will now proceed to discuss the details of the different charges against the
defendants and how the defendants are involved In the said charges.
wA-
000102
a
D. CHARGES AGAINST THfc u t l - t NUAn i o
51 The charges against the defendants are the following:
51.1 Contravention of Section 2(1 )(f) of the Prevention of Organised Crime Act,
Act 121 of 1998 (hereinafter referred to as POCA)- Managing the activities of
an enterprise's affairs through a pattern of racketeering activity:
51.1.1 Dawid Jacobus Groenewald (first defendant): 1 count;
51.2 Contravention of Section 2(1 )(e) of POCA- Participating in the conduct of an
enterprise's affairs through a pattern of racketeering activity:
51.2.1 All defendants: 1 count;
51.3 Contravention of Section 4 of POCA- Money Laundering:
51.3.1 Dawid Jacobus Groenewald (first defendant): 435 counts;
51.3.2 Karel Toet (second defendant): 51 counts;
51.3.3 Maria Magdalena Toet (third defendant): 16 counts;
51.3.4 Sariëtte Groenewald (fourth defendant): 1 count;
51.3.5 Johannes Gysbert du Preez (sixth defendant): 3 counts;
51.3.6 Hermanus Bemardus Rossouw (seventh defendant): 3 counts;
51.3.7 Jacobus Martinus Pronk (eigth defendant): 6 counts;
51.3.8 Manus Johannes du Plessis (ninth defendant): 2 counts.
51.4 Contravention of Section 6 of POCA- Acquisition, possession or use of
proceeds of unlawful activities:
IS
ff\
000103
51.4.1 Karel Toet (second defendant): 1 count;
51.4.2 Maria Magdalena Toet (third defendant): 1 count;
51.4.3 Sariette Groenewald (fourth defendant): 7 counts;
51.4.4 Manus Johannes du Plessis (ninth defendant): 1 count
51.5 Contravention of Section 57(1) of NEMBA- Illegal killing of rhinoceros/(es):
51.5.1 Dawid Jacobus Groenewald (first defendant): 59 counts;
51.5.2 Karel Toet (second defendant): 1 count;
51.5.3 Jacobus Martinus Pronk (eight defendant): 2 counts.
51.6 Contravention of Section 57(1) of NEMBA- Illegal dehorning of
rhlnoceros/(es):
51.6.1 Dawid Jacobus Groenewald (first defendant): 381 counts;
51.6.2 Karel Toet (second defendant): 40 counts;
51.6.3 Tielman Roos Erasmus (fifth defendant): 2 counts;
51.6.4 Johannes Gysbert du Preez (sixth defendant): 5 counts;
51.6.5 Hermanus Bernardus Rossouw (seventh defendant): 2 counts;
61.6.6 Jacobus Martinus Pronk (eight defendant): 16 counts;
51.6.7 Manus Johannes du Plessis (ninth defendant): 6 counts;
61.6.8 Dewald Brlank Gouws (tenth defendant): 8 counts;
51.8.9 Paul Dimakatso Mathoromela (eleventh defendant): 6 counts.
16
\
000104
51.7 Contravention of Section 57(1) of NEMBA- Illegal possession of rhinoceros
horns:
51.7.1 Dawid Jacobus Groenewald (first defendant): 379 counts;
51.7.2 Karel Toet (second defendant): 10 counts;
51.7.3 Sariette Groenewald (fourth defendant): 1 count;
51.7.4 Tielman Roos Erasmus (fifth defendant): 3 counts;
51.7.5 Johannes Gysbert du Preez (sixth defendant): 3 counts;
51.7.6 Hermanus Bemardus Rossouw (seventh defendant): 1 count;
51.7.7 Jacobus Martinus Pronk (eight defendant): 9 counts;
51.7.8 Man us Johannes du Plessis (ninth defendant): 1 count;
51.7.9 Dewald Erlank Gouws (tenth defendant): 4 counts;
51.7.10 Paul Dimakatso Mathoromela (eleventh defendant): 3 counts.
51.8 Contravention of Section 57(1) of NEMBA- Illegal selling of rhinoceros horns:
51.8.1 Dawid Jacobus Groenewald (first defendant): 384 counts;
51.8.2 Karel Toet (second defendant): 27 counts;
51.8.3 Johannes Gysbert du Preez (sixth defendant): 2 counts;
51.8.4 Jacobus Martinus Pronk (eight defendant): 4 counts.
51.9 Contravention of Section 57(1) of NEMBA- Illegal buying of rhinoceros
horns:
61.9.1 Dawid Jacobus Groenewald (first defendant): 4 counts;
ïW-
m
000105
51.9.2 Karel Toet (second defendant): 5 counts;
51.9.3 Sariette Groenewald (fourth defendant): 1 count;
51.9.4 Hermanus Bemardus Rossouw (seventh defendant): 1 count;
51.9.5 Jacobus Martinus Pronk (eight defendant): 1 count;
51.9.6 Paul Dimakatso Mathoromela (eleventh defendant): 1 count.
51.10 Contravention of Section 57(1) of NEMBA- Illegal hunting of rhinoceros/(es):
51.10.1 Dawid Jacobus Groenewald (first defendant): 4 counts;
51.10.2 Tielman Roos Erasmus (fifth defendant): 1 count.
a
51.11 Contravention of Section 57(1) of NEMBA- Illegal receipt of rhinoceros
horns:
51.11.1 Dawid Jacobus Groenewald (first defendant): 2 counts;
01.11.2 Karel Toet (second defendant): 1 count;
51.113 Jacobus Martinus Pronk (eight defendant): 1 count.
51.12 Contravention of Section 57(1) of NEMBA- Illegal conveyance of rhinoceros
horns:
51 12 1 Dawid Jacobus Groenewald (first defendant): 4 counts;
51 12.2 Karel Toet (second defendant): 6 counts;
51.12.3 Hermanus Bemardus Rossouw (seventh defendant): 1 count;
51.12 4 Jacobus Martinus Pronk (eight defendant): 2 counts;
51.12.5 Paul Dimakatso Mathoromela (eleventh defendant): 2 counts.
NÍ*
1
A
m
000106
51.13 Contravention of Section 57( 1) of NEMBA- Illegal trade in rhinoceroses):
5113.1 Dawid Jacobus Groenewald (first defendant): 6 counts;
51.13.2 Karel Toet (second defendant): 3 counts;
51.13.3 Hermanus Bernardus Rossouw (seventh defendant): 3 counts;
51.13.4 Jacobus Martinus Pronk (eight defendant): 3 counts.
51.14 Contravention of Section 57(1) of NEMBA- Illegal selling of rhinoceros
carcasses:
51.14.1 Dawid Jacobus Groenewald (first defendant): 39 counts.
51.15 Contravention of Section 57(1) of NEMBA- Illegal hunting of an elephant:
51.15.1 Dawid Jacobus Groenewald (first defendant): 1 count.
51.16 Contravention of Section 57(1) of NEMBA- Illegal possession of an elephant
ear:
51.16.1 Dawid Jacobus Groenewald (first defendant): 1 count,
51.17 Contravention of Section 57(1) of NEMBA- Illegal possession of elephant
tusks:
51.17.1 Dawid Jacobus Groenewald (first defendant): 3 counts;
51.17.2 Sariette Groenewald (fourth defendant): 1 count,
51.17.3 Jacobus Martinus Pronk (eight defendant): 1 count.
51.18 Contravention of Section 57(1) of NEMBA- Illegal conveyance of elephant
tusks:
H^
000107
51.18.1 Jacobus Martinus Pronk (eight defendant): 1 count.
8
51.19 Contravention of Section 57(1) of NEMBA- Illegal trade in elephant tusks:
51.19.1 Jacobus Martinus Pronk (eight defendant): 1 count.
51.20 Contravention of Section 57(1) of NEMBA- Illegal possession of leopard
skulls and leopard skins:
51.20.1 Dawid Jacobus Groenewald (first defendant): 1 count.
51.21 Contravention of Section 101(2)(b) of NEMBA-Performing an activity for
which the permit was isuued otherwise than in accordance with any
conditions subject to which the permit was issued:
51.21.1 Karei Toet (second defendant): 11 counts;
51.22 Contravention of Section 31 (l)(b) of LEMA- Illegal hunting of a leopard:
61.22.1 Dawid Jacobus Groenewald (first defendant): 1 count;
51.22.2 Tlelman Roos Erasmus (fifth defendant): 1 count.
61.23 Contravention of Section 43(2)(a) of LEMA- Illegal possession of a dead wild
animal:
51.23.1 Dawid Jacobus Groenewald (first defendant): 1 count;
61.23.2 Tielman Roos Erasmus (fifth defendant): 1 count
61.24 Contravention of Section 43(2)(b) of LEMA- Prohibited act in respect of
dead wild animal:
81.24.1 Dawid Jacobus Groenewald (first defendant): 2 alternative counts.
JUL
H
000108
51.25 Contravention of Section 50(2)(a) of LEMA- Hunting of a wild animal by a
client while the hunt is not in accordance with the provisions of LEMA:
51.25.1 Dawid Jacobus Groenewald (first defendant): 4 counts;
51.25.2 Tielman Roos Erasmus (fifth defendant): 2 counts.
51.26 Contravention of Section 51 (1) of LEMA- Hunting Outfitter to be the holder of
hunting rights:
51.26.1 Dawid Jacobus Groenewald (first defendant): 1 count.
51.27 Contravention of Section 3 of the Firearms Control Act, Act 60 of 2000-
lllegal possession of a firearm:
51.27.1 Dawid Jacobus Groenewald (first defendant): 1 count.
51.28 Contravention of Section 18(2)(b) of the Riotous Assemblies Act, Act 17 of
1956- Inducing another person to commit an offence:
51.28.1 Dawid Jacobus Groenewald (first defendant): 1 count; •
51.28.2 Hermanus Bernardus Rossouw (seventh defendant): 3 counts;
51.28.3 Jacobus Martinus Pronk (eight defendant): 1 count
51.29 Contravention of Section 1(1 )(a) of the Intimidation Act, Act 72 of 1982-
Intimidation:
11.29.1 Dawid Jacobus Groenewald (first defendant): 1 count.
51,30 Fraud:
61.30.1 Dawid Jacobus Groenewald (first defendant): 19 counts;
Tflfc,
000109
51.30.2 Karel Toet (second defendant): 16 counts;
Mi
51.30.3 Maria Magdalena Toet (third defendant): 16 counts;
51.30.4 Tlelman Roos Erasmus (fifth defendant): 1 count;
51.30.5 Johannes Qysbert du Preez (sixth defendant): 2 counts;
51.30.6 Manus Johannes du Piessis (ninth defendant): 1 count.
51.31 Attempting to defeat the ends of justice:
51.31.1 Dawid Jacobus Groenewald (first defendant): 3 counts;
51.31.2 Sariette Groenewald (fourth defendant): 1 count;
51.31.3 Tielman Roos Erasmus (fifth defendant): 1 count;
51.31.4 Johannes Gysbert du Preez (sixth defendant): 1 count.
E. HOW THE SYNDICATE OPERATED AND WHAT EACH
DEFENDANT'S ROLE WAS:
52 It is alleged that defendant 1 to 4, formed the enterprise, alternatively that the first
defendant on his own formed the enterprise. Dawie Groenewald was in charge of the
operational side of ail the business conducted on the farm Prachtig, whether it was
hunting or trading in wildlife. Karel Toet and Mariza Toet were vital links in the
business on the farm Prachtig as Karel Toet was in charge of translocating the
animals and Mariza Toet was the person who applied for the permits to do so.
Sariette Groenewald is the sole shareholder of Valinor Trading and is also a 50 %
shareholder of the farm Prachtig. She dealt with the financial aspects of Valinor/Out
of Africa.
53 The following indicate that Dawie Groenewald, managed the syndicate;
v^fA/
1
000110
53.1 He was in charge of the operational business of Out of Mi ca;
53.2 The other defendants acted on his instruction for example created a house
breaking scene and had rhinoceroses illegally hunted by foreign clients;
53.3 Arrangements would be made by Dawie Groenewald for example to have
rhinoceroses dehorned on a particular farm but some of the other
defendants would actually go to the farm;
53.4 Dawie Groenewald displayed an arrogant and controlling attitude in
intimidating persons and on more than one occasion attempted to defeat the
ends of justice.
54 All the defendants individually and/or collectively were associated in fact and had a
common goal namely to further the business of the enterprise and/or gain financially
through their participation in the commission of the offences The participation of the
respective defendants in the commission of the charges levelled against them, is as
follows:
54.1 Dawid Jacobus Groenewald (Dawie):
54.1.1 Dawie Groenewald was the manager of the enterprise. He was
involved in crimes relating to the hunting of wild animals such as
leopard, elephant and rhinoceroses. He was involved in dehorning
rhinoceroses on the farm Prachtig and on other farms, possessing
such horns and selling the horns. He further illegally killed
rhinoceroses on the farm Prachtig and illegally sold rhinoceros
carcasses to a butchery. He committed money laundering by selling
the horns he had acquired and possessed illegally and by selling the
dehorned rhinoceroses. He intimidated persons and attempted to
have case dockets destroyed. He further committed fraud In that
tilA
I
I
m
81
«
000111
application was made for permits to have rhinoceroses moved to th«
farm Prachtig when the alleged sellers of these rhinoceroses had not
concluded any transaction with him. He was associated with the
enterprise throughout the indictment period.
54.2 Karel Toet:
54.2.1 Karel Toet is a veterinary surgeon and forms part of the enterprise.
Karel, together with Manie du Plessis, ran Limpopo Wildlife
Consultants. Through this business Karel Toet was Involved in
translocating the rhinoceroses to and from the farm Prachtig. On
numerous permits he did not comply with the special conditions of
the specific permits. He was also involved in dehorning rhinoceroses,
buying, conveying, possessing and selling rhinoceros horns. He
committed the crime of money laundering by selling the horns he had
acquired and possessed illegally. He committed fraud in that
application for permits for selling rhinoceroses with horns, were made
In his name, when in actual fact the rhinoceroses were dehorned. Hi
was associated with the enterprise throughout the Indictment period.
54.3 Maria Magdalena Toet (Mariza):
54.3.1 Mariza is married to Karel Toet and also forms part of the enterprise
She is responsible for the administrative side of the business
Limpopo Wildlife Consultants. She applied for the majority of thi
required permits in the name of her husband, Karel Toet, tc
translocate rhinoceroses to and from the farm Prachtig.
54.3.2 She committed fraud in that application for permits for selling
rhinoceroses were made to which she attached the microchip
Mfl
n
8
HI
m
m
number* with which the Mtititismm Wife HMM. itf/WM; MM
these rhinoceroses Were dehotrtfd. Otlfet fibf/iit^ihHh Pil $§ÏÏÊê
were made in which the same MhttjbUty tiUtttbtHë Wëfë ffíHHiêfWë
from an earlier application
54.3.3 She further committed mtfwy láUtlilërihy WTttfff §009 Of fiÊWHê
to translocate dehorned rhinoceroses. §ft# ¥fêi áte&JtMëÚ With ii&
enterprise throughout the ihdkAmwti p&titid.
64,4 Sariétte Groenewald:
54.4.1 Sariêtte Groenewald forms part of the enterprise" mé fa ffWfled iff
2J Dawie Groenewald. She hold* 100% ifiimMH In Vf l f W f f *#ng CC
which trades as Out of Africa AdvenfUfOUf §8tëíi$. Mi/sf df 0M>
transactions for the rhinoceroses that Were purchased" and/df MM I f
Out of Africa wer* handled trough Vaftnof CC, She pwti&W*êé in
the affairs of the enterprise by handling the fJnancat of (ha antorprtM
54.4.2 She further committed crimes of possessing rNnocaroi U'Jffíê §né
possessing elephant tusks in that Paul Mirthotomata, f WOfHêf m the
farm Prachtig, conveyed these items in vehicfM faglatd/M/ in th§
name of Valinor Trading.
J f j 54.4.3 She further acquired the proceeds of unlawful activities in thafVaflnof
Trading received payment for incident» such as an ftferuaf «tophf*
• * hunt and the payment for the dehorned fhinocarosat. fiha wai
associated with the enterprise throughout fha indictrriarJt period,
54.5 Tielman Roos Erasmus:
m
m
I
000113
54.5.1 He is a professional hunter and conducted hunt* will) «H#ot# «it
behalf of Out of Africa.
54.5.2 Tielman Erasmus was involved in fraudulent action* of the §il§§M
2008 leopard hunt. Ha further attempted to defeat tha ends of ju§ti@§
by creating the house breaking scene on tha farm Prschtig, He eteo
conducted an Illegal rhino hunt with his father on the farm
Prachtig, where after this rhinoceros was dehorned on the form.. He
was associated with the enterprise throughout tha indictment period,
54.6 Johannes Gysbert du Preez (Gys);
54.6.1 Gys du Preez is a professional hunter who conducted hunts wtth
clients on behalf of Out of Africa.
54.6.2 He was associated with the enterprise through hit participation in tha
dehorning of rhinoceros on another farm, possessing and sailing tha
horns and committing money laundering in this regard.
54.6.3 He also participated in the furtherance of the enti
tha housebreaking incident alleged to have taken
Prachtig to the police in order to hide tha Meg
enterprise.
rise by reporting
lace on tha farm
activities of tha
54.6.4 He was associated with tha enterprise throughout tha Indictment
period
54.7 Hermanus Bernardus Rossouw (Nardus):
94.7.1 Nardus Rossouw is a professional hunter who conducted hunts with
clients on behalf of Out of Africa.
26
Wl,
I
n
n
m
000114
54.7.2 He was associated with the enterprise through his participation in
contacting game farmers and convincing them to dehom their
rhinoceroses and then to sell the horns to him
54.7.3 He committed crimes relating to dehorning rhinoceroses, buying,
possessing, conveying and selling rhino horns as well as money
laundering in this regard.
54.7.4 He was associated with the enterpnse throughout the indictment
period.
54.8 Jacobus Martinus Pronk (Koos)
54.8.1 Koos Pronk is employed by Limpopo Wildlife Consultants and worked
hand in hand with Karel Toet. He assisted Karel Toet in translocating
the rhinoceroses from the farm Prachtig.
54.8.2 He was associated with the enterprise through his participation in the
killing and dehorning of rhinoceroses, possessing, buying, conveying,
selling rhinoceros horns and committing money laundering in this
regard. He also approached persons attempting to persuade them to
dehom their rhinoceroses He further conveyed and possessed
elephant tusks.
54 8.3 He was associated with the enterprise throughout the indictment
period.
54.8.4 He earned the name Koos Lem due to his dexterity in cutting off the
rhinoceros horns.
54.9 Manus Johannes du Plessis (Manie):
27
M\
11
l l
I
s
Is
I]
m
m
m
m
i
000115
54.9.1 Manie du Plessis is a veterinary surgeon together with Karel Toet in
the business Limpopo Wildlife Consultants. He was associated with
the enterprise by rendering his service as a veterinary surgeon to Out
of Africa in assisting with the darting of animals and translocating
animals to and from the farm Prachtig.He facilitated the payment for
buying rhinoceros horns and therefore acquired the proceeds of
crime.
54.9.2 He was also involved in dehorning rhinoceros and possessing the
rhino horns.
54.9.3 He committed fraud by facilitating a transaction in which four
unmarked rhinoceroses (two bulls and two cows) were moved to the
farm Prachtig, but that contradictory information was contained
in the permit application. He was associated with the enterprise
throughout the indictment period.
54.10 Dewald Erlank Gouws:
54.11 Dewald Gouws is a pilot who was employed by Dawie Groenewaid to fly one
of his helicopters. He resided on the farm Prachtig. He flew the helicopter to
tranquilise rhinoceros and was involved in two incidents of dehorning
rhinoceroses and possessing the horns of these rhinoceroses.
54.12 He was associated with the enterprise through his participation in the
commission of the said crimes.
54.13 Paul Dimakatso Mathoromela:
54.13.1 Paul Mathoromela was, and still is, employed by Dawie Groenewaid
and resides on the farm Prachtig. He fulfilled duties of a general farm
A/M.
I
I
I
I
I
I
I
9
U
B
B
Q
B
fl
11
000116
labourer and alio tiyiispoiiud fnd purohs§§cl fhln©6§f@§ horns on
behalf of Dawle Qroertewsld, Hi W8ê 8g§00lit©d with tho enterprise
through his participation In thf oomfniMion Of crimes of dehorning of
rhinoceroses, buying, p0S@@@§l hQ 'ind umvfjyln'j rhinoceros horns.
54.13.2 He was associated with the enterprise throughout tho Indictment
period.
54.13.3 It should also bê noted that there were other Individuals employed by
or associated with the enterprise from time to time, who assisted in
the hunting, transportation and/or delivery of Illegal rhinoceros horns.
55 The pattern of racketeering activity relied on consists of sixty six Incidents which are
set out on pages 96 to 596 of the Indictment. These charges sire discussed in more
detail below:
F. FACTS OF THE CASE AND EVIDENCE LINKING THE ACCUSED
PERSONS
INCIDENT 1: Count 3 to 8 In the Indictment Involving Dawle Groenowald and Tielman
Erasmus
56 On 16 September 2008 an application was made for s hunting permit In the name of
Alfred Glen Davey, a citizen from the United States of America, to hunt a leopard on
the farm Prachtig, with the professional hunter Tielman Erasmus and Dawle
Oroenewald as the hunting outfitter. Permit number O 15469 was issued by the
relevant permit office on 27 October 2008 In the name of Alfred Glen Davey for the
leopard hunt Tielman Erasmus recorded in his professional hunting register that he
hunted intor alia a leopard with Alfred Glen Davey on the farm Prachtig between 27
October 2008 and 3 November 2008.
m
m
Df/n
000117
57 During November 2008, Dawie Groenewald provided Estie van der Merwe of the
company Trophy Solutions" with documents to make an application for a CITES
permit for the export of the leopard trophy to Alfred Glen Davey in the United States
of America. CITES permit number 090593 was issued on 12 March 2009 authorizing
the company Throphy Solutions to export the leopard throphy to Mr Davey in the
United States of America.
58 Estie van der Merwe also obtained a tag for the leopard trophy which was made
available to one Rudi van Niekerk, the taxidermist who was preparing the leopard
trophy for the exportation process.
59 On 20 January 2010 Stephanus Phillipus Coetzee, a senior environmental
compliance officer employed by the Department of Economic Development
Environment and Tourism received an email enquiring about the leopard trophy
which was exported to the United States of America and seized by the officials in the
United States of America in January 2010 due to discrepancies in the documentation.
I refer to Stephanus Phillipus Coetzee's affidavit attached hereto as "J J 3".
60 Coetzee states that he ordered a diligent search of the permit system for CITES
export permits in the name of Mr Davey. He found copies of the hunting permit
number O 15469 as well as the CITES permit number 090593. Coetzee scrutinised
the permit number O 15469 which was issued for a leopard hunt by Mr Davey in
2008 and found that the permit was not signed by the holder namely, Davey. This
omission renders the permit invalid in terms of general condition number 6 on the
back of the permit which requires that the permit must be signed by the permit holder.
61 On further investigation he found that Mr Davey last came to South-Africa In 2006
and returned to the United States of America on 17 July 2006.1 refer to an affidavit of
Alfred Glen Davey attached hereto as "JJ 4" In which he states that he travelled to
South Africa during July 2006 and that he hunted a leopard with Out of Africa. He
30
H
m
1
m
Efti
í
000H8
states that he was told a permit had been obtained for the hunt but thai he never taw
, or signed, any documentation. He had paid US $36 000 for the hunt to Out Of Africa.
62 The investigation revealed that Mr Davey hunted a leopard in 2006 for whloh no
hunting permit had been issued. Dawie Groenewald committed fraud In 2008 when
application was made for a hunting permit to hunt a leopard on the farm PraohtlQ, at
this hunt never took place. Based on this fraudulent misrepresentation a tag for the
leopard hunted in 2006 was obtained to have the trophy exported to Mr Davey
abroad. The CITES permit authorizing the export of the trophy was also obtained on
the basis of the false information that Mr Davey had allegedly hunted a leopard on
the farm Prachtig in 2008. Fraud was also committed in 2008 by having the details of
the alleged hunt In 2008 entered into the professional hunting register of Tlelman
Erasmus.
INCIDENT 2: Count 9 In the indictment involving Dawie Groenewald and Karel Toat
63 On 3 December 2007 a permit for transportation of a white rhinoceros bull from the
farm Diepdrift to the farm Prachtig was applied for In the name of Henry Christo
Gomez. On 3 December 2007 a permit with number WEM-00005 In the name of
Karel Toet was issued tor the transportation of a white rhinoceros from the farm
Diepdrift to the farm Prachtig.
64 I refer to an affidavit of Henry Christo Gomez attached hereto as "JJ 5". Henry
Christo Gomez denies that the signature on the permit application is his or that of his
wife. He further states that he did not sell any rhinoceros during the period of
November and December 2007.
65 It is clear from the above that fraud was committed when the penult was applied for In
that Henry Christo Gomez' signature was forged In order to obtain a permit.
MIA.
s
1
I *
I *
1 *
1 «

m
m
m
m
m
m
m
000H9
INCIDENT 3: Count 10 t o 18 i n t he i ndi ct ment i nvol vi ng Dawie Groenewal d, Karel
Toet and Koos Pronk
66 in 2007 Dennis Whittington, an American citizen, won a hunting trip to South Africa
with Out of Africa Adventurous Safaris. During April 2008 Whittington arrived in South
Africa and was accommodated at the farm PrachtJg. Dawie Groenewald offered
Whittington a "green hunt" for US $ 7000 on his farm PrachtJg. A green hunt occurs
when the hunter tranquilises the animal with a dart gun in a similar fashion than an
actual rhinoceros hunt. The animals is not killed but put down for a short period of
time. This gives the hunter the opportunity to take photographs with the animal as if
he had shot it down in the normal way. After the green hunt the rhinoceros will be
able to get up and is allowed to live.
67 On the day of the hunt, various persons including Karel Toet and Koos Pronk, were
present at the hunt. Whittington was accompanied by a professional hunter, Japie
Horn. Whittington conducted a green hunt as described above and a few minutes
later the rhinoceros was shot and killed by Japie Horn, the professional hunter. Here
after the rhinoceros was dehorned. Whittington was told that the horns would be
tagged with microchips and locked up and the meat would be used as leopard bait. I
refer to an affidavit of Dennis Whittington attached hereto as "JJ 6"
68 Investigation revealed that no permits had been obtained for the killing of the
rhinoceros or for the dehorning or possession of the horns of this rhinoceros. Since
the horns could not be found, there is no other inference to be drawn other than that
the said horns were sold in contravention of NEMBA.
69 It is further submitted that the horns obtained from the illegal dehorning of this
rhinoceros, represented proceeds of crime and the further sale of/ trade in these
horns had the effect of concealing or disguising the nature, source, location,
disposition or movement of the said horns or the ownership thereof or any Interest
/y/n
32
m
m
m
m
oo
0120
m
m
which anyone may have in respect thereof, or enabled Dawie Groenewald, Karel
Toet and Koos Pronk to avoid prosecution, or to remove or diminish the said horns
which were the proceeds of the commission of a crime.
INCIDENT 4:Count 19 to 25 in the indictment involving Dawie Groenewald and Paul
Mathoromela
70 During 2007 Hluaiani Mlati was introduced to Dawie Groenewald and they developed
a strong and solid relationship. I refer to an affidavit of Hluaiani Mlati attached hereto
as "JJ 7".
71 In 2008 Dawie Groenewald requested Hluaiani Mlati to receive a package containing
rhinoceros horns on his behalf from another person in Musina. The package was
collected by Paul Mathoromela from Hluaiani Mlati in Musina and delivered to Dawie
Groenewald On receiving the package, Dawie Groenewald found that the horns were
not as he had expected they would be and he then returned the package to Hluaiani
Mlati.
72 About two months later Hlaulani Mlati handed another package containing two
rhinoceros horns to Paul Mathoromela, who In turn delivered the package to Dawie
Groenewald.
73 Dawie Groenewald gave Hluaiani Mlatj, through Mathoromela, R170 000-00 as
payment for these homs. This payment was meant for one Ernest Musiva who had
sent the package to Dawie Groenewald.
74 Investigation revealed that there were no permits obtained for the buying or the
possession of the said horns received from Hlaulani Mlati and delivered to Dawie
Groenewald. Since the homs could not be found, there is no other inference to be
drawn other than that the said horns were sold in contravention of NEMBA.
33.
to
mm
LI
000121
75 It is submitted that the above mentioned horns which were illegally bought and
possessed, represented proceeds of crime and the further sale of/ trade in these homs
had the effect of concealing or disguising the nature, source, location, disposition or
movement of the said homs or the ownership thereof or any interest which anyone
may have in respect thereof, or enabled Dawie Groenewald to avoid prosecution, or to
remove or diminish the said homs which were the proceeds of the commission of a
crime.
76 Sometime in June 2008, Barend Jacobus de Bruin (See JJ 2 supra), who was an
employee on the farm Prachtig, was informed by Dawid Groenewald that there was a
person on his way to the farm Prachtig to whom De Bruin had to hand over a .375
Sako firearm. Hlualani Mlati arrived on the farm and received the said firearm.
77 Investigation further revealed that Dawie Oroenewald does not possess a firearm
licence for a .375 Sako firearm and that possession of this firearm was therefore in
contravention of Section 3 of the Arms and Ammunition Act, Act 60 of 2000.
INCIDENT 5: Count 26 in the i ndi ctment involving Dawie Groenewal d, Karel Toet and
Mariza Toet
78 On 4 June 2008 Mariza Toet applied for a permit in the name of Karel Toet for the
transportation of a rhinoceros bull from Marthinus Willem de Jager's farm named
Nooitgedacht to the farm Prachtig. Permit number 012072 was issued In the name
of Karel Toet on 4 July 2008 for the transportation of the rhinoceros bull.
79 Investigations revealed that no rhinoceros was transported from the farm
Nooitgedacht during 2008. It was found that Marthinus Willem de Jager had sold his
farm Nooitgedacht to a company called Altoos Estates, such company becoming the
owner of the said farm on 13 December 2007.
M
003122
80 I refer to an affidavit of Wlllem Jacobus van Rooyen, Director of the company Altoos
Estate, attached hereto as "JJ 8". Wlllem Jacobus van Rooyen confirms In his
affidavit that Altoos Estates took over the farm Nooitgedacht on 13 December 2007.
He further states that when Altoos Estates took over the farm from Marthinus Wiilem
de Jager, there were two rhinoceroses on the farm Nooitgedacht, but that the
company never had any dealings regarding the sale of rhinoceroses with Karel Toet
or Dawie Groenewald.
81 In making the application for the permit, Mariza Toet committed fraud in that she
misrepresented to the permit office that there was indeed a transaction for the sale of
a rhinoceros between Karel Toet and Marthinus Wiilem de Jager of the farm
Nooitgedacht while that was not the case.
INCIDENT 6: Count 27 to 48 in the indictment involving Karel Toot, Mania du Plessis
and Koos Pronk
82 During 2008 Marthinus Wiilem de Jager, referred to in the proceeding incident spoke to
Karel Toet who informed him that rhinoceroses on farms close to De Jager's farm
Vlakvallei In Lephalale, were being dehorned. Karel Toet suggested that Marthinus
Wiilem de Jager must consider dehorning his rhinoceroses to which De Jager agreed.
83 I refer to an affidafvit of Marthinus Wiilem de Jager attached hereto as "JJ 9". He
states that he told Karel Toet that he did not want to keep the horns on his farm
because he feared for his family's safety to which Karel Toet replied that he had
removed rhinoceros horns for a number of people and destroyed the horns and that ha
would do the same in this case.
84 Before October 2008 Karel Toet then dehorned three rhinoceros cows on the farm
Vlakvallei and took the six rhinoceros horns with him from the farm. De Jager also later
received a dehorned rhinoceros bull from Karel Toet in exchange for a young
rhinoceros.
N|A-
000123
85 In October 2008 Karel Toet and Marthinus Willem de Jager agreed that they should
move all the rhinoceroses on the farm Vlakvallei to the farm Valschfontein in Northern
Cape. The rhinoceroses were all transported and delivered at farm Valschfontein as
per the agreement.
86 During May 2009, Johannes Hendrich Dercksen, an employee of MW de Jager,
collected a package on instruction of his employer from Manie du Plessis. I refer to the
affidavit by JH Dercksen attached hereto as "JJ 10". Inside the package was US
dollars which Marthinus Willem de Jager told him was payment for the rhinoceros
horns he had had removed.
87 Investigations revealed that there were no permit/(s) obtained for:
87.1 the dehorning of the three rhinoceros cows,
87.2 the buying of the six rhinoceros horns from De Jager,
87.3 the conveyance of the six rhinoceros horns from the farm Vlakvallei,
87.4 the possession of the six rhinoceros horns,
87.5 the trade of the dehorned rhino bull for a calf.
88 Since the horns could not be found, there is no other inference to be drawn than that
the said horns were sold in contravention of NEMBA.
89 It i t submitted that the horns obtained from the illegal dehorning of the three rhinoceros
cows, represented proceeds of crime and the further sale of/ trade in these horns had
the effect of concealing or disguising the nature, source, location, disposition or
movement of the said horns or the ownership thereof or any interest which anyone
may have in respect thereof, or enabled Karel Toet to avoid prosecution, or to remove
or diminish the said horns which were the proceeds of the commission of a crime.
Nia
000124
90 It is further submitted that the possession and handing over of this payment by Manie
du Plessis, amounted to being in possession and handing over the proceeds of
unlawful activities as the said three rhinoceros cows had been dehorned without the
required permit.
INCIDENT 7: Count 50 in the indictment involving Dawie Groenewald, Karel
Toet and Mariza Toet
91 On 15 July 2008 Mariza Toet applied for a permit to transport a rhinoceros cow from
Frederik Johannes Visser's farm, Slypsteendrift, in Vaalwater. On 10 September 2008
a permit with number 012172 was issued in the name of Karel Toet to transport one
rhinoceros cow from the farm Slypsteendrift to the farm Prachtjg.
92 I refer to an affidavit of Frederik Johannes Visser attached hereto as "JJ 11", in which
he states that during 2008 he did not have any rhinoceros on his farm and he has
never sold any rhinoceros to Dawie Groenewald or Karel Toet.
93 It Is clear from the above that fraud was committed when the permit was applied for.
INCIDENT 8: Count 61 to 68 in the Indictment Involving Dawie Groenewald
94 Sometime during September or October 2008 five rhinoceroses broke out from a
section of the farm Prachtig known as Tokwe to the farm Richmond belonging to one
Mr. Hennie Erwee. The latter gave permission to workers of Dawie Groenewald to
catch the rhinoceroses on the farm Richmond in order to move them back to Tokwe.
95 On the farm Richmond, Japie Horn (a professional hunter)together with an overseas
client of Dawie Groenewald, shot and killed one of the rhinoceros. Thereafter Dawie
Groenewald arrived on the farm Richmond and then arranged with the client for the
shooting of another rhinoceros where after the client shot a second rhinoceros. Both
mi
000125
these rhinoceroses were dehorned after the shooting and the carcasses were taken
back to the farm Prachtig.
96 Investigation revealed that there were no permit* obtained for the hunting or dehorning
of the two rhinoceroses nor for the possession of the horns that were removed from
the two rhinoceroses. Since the horns could not be found, there is no other inference
to be drawn other than that the said horns were sold in contravention of NEMBA
97 It is submitted that the horns obtained from the illegal hunting and dehorning of the two
rhinoceroses, represented proceeds of crime and the further sale of/ trade in these
horns had the effect of concealing or disguising the nature, source, location,
disposition or movement of the said horns or the ownership thereof or any interest
which anyone may have In respect thereof, or enabled Dawie Groenewald to avoid
prosecution, or to remove or diminish the said horns which were the proceeds of the
commission of a crime.
INCIDENT 9: Count 69 to 76 in the Indictment Involving Dawie Groenewald and
Sariëtte Groenewald
98 During August 2008 a permit was issued In the name of a Spanish citizen, FC 0t Lot
Lobos, to hunt an elephant on the farm Shambaia in Vaalwater, This hunt did not take,
place as Mr De Los Lobos did not come to South-Africa and the permit lapsed, Dawie
Groenewald later called JO de Beer who It employed by the Department Of loonomlo
Development, Environment and Tourism In Limpopo, indicating that he wanted to hunt
the elephant with his client on Shambaia. De Bear responded by staling thai a new
hunting permit must be obtained in the name of Groenewald's client. This was not
dona, I refer to the affidavit by JG de Beer attached hereto as "JJ 13",
99 On 23 October 2008 Dawie Groenewald and his client hunted an elephant without (he
required permit, on Shambaia. Dawie Groenewald had paid R 342 000-00 to
Shambaia for the said hunt. After the hunt was completed, Dawie Oroenewaid took [ i
H^. ,-x
•ÍIIU I' :
000125
and elephant ear with him and two tusks were later collected by one Coena Smith, to
be delivered to Dawie Groenewald. I refer to an affidavit by JT Strydom, the manager
of Shambala Game Reserve, attached hereto as "JJ 13".
100 On 18 March 2009 Mr SP Coetzee, a Senior Environmental Compliance Officer of the
Department of Economic Development, Environment and Tourism, submitted an
affidavit to the police regarding the illegal hunting of the elephant and case docket
Vaalwater CAS 28/03/2009 was registered.
101 While the case docket was under investigation, Dawie Groenewald contacted the
investigating officer on 15 July 2010 and 23 July 2010 requesting to have the matter
finalized by paying R 1500-00 admission of guiK well knowing that no permit had
been issued to his client for the hunt of the elephant or for the possession of the
elephant ear and the tusks and that he (Dawie Groenewald) was not the holder of
hunting rights on the farm Shambala. I refer to the affidavit by SP Coetzee attached
hereto as "JJ 14".
102 It is submitted that the transaction with Mr Strydom which accomodated the hunt of the
elephant without the required permit, had the effect of concealing or disguising the
nature, source, location, disposition or movement of the illegally hunted elephant or the
ownership thereof or any interest which anyone may have in respect thereof; or by
accomodating the hunt as if the required permit had been obtained, enabling Dawie
Groenewald and Sariëtte Groenewald to avoid prosecution, or to remove or diminish
the said property (the illegally hunted elephant) which was the proceeds of the
commission of a crime.
iV/VD
»
« * :
000127
INCIDENT 10: Count 76 to 105 in the Indictment involving Dawie Groenewald.
Karel Toet and Koos Pronk
103 During 2005 Mr Klnnear from farm Hannah In Ohrigstad bought a white rhinoceros bull
from SanParks. When the rhinoceros bull was being offloaded its horn broke off. The
hom was then microchipped by Nature Conservation with microchip number 45 6E
077E 6B and a permit for the possession of the hom was issued to Mr FG Kinnear.
The hom was kept in a safe at the farm Hannah.
104 I refer to an affidavit of Eghardt Nel, the assistant farm manager at the farm Hannah,
attached hereto as "JJ 15". He states that sometime towards the end of 2008 Dawie
Groenewald, Karel Toet and Koos Pronk arrived at the farm, interested in buying
buffalos.
105 Dawie Groenewald asked whether they had any rhinoceroses to sell and proposed that
he could swop a rhinoceros bull, a rhinoceros cow and a heifer for three rhinoceros
bulls of the farm Hannah. Eghardt Nel agreed to the proposal.
106 Sometime later, Dawie Groenewald, Karel Toet and Koos Pronk arrived on the farm
Hannah and collected the three rhinoceros bulls from the farm. When they were
loading the rhinoceroses, Dawie Groenewald noticed that one of the bull's horns had
broken off and insisted that the horn be given to him together with the rhinoceros bull.
as well as Mr FG Kinnear's permit for the possession of the said hom.
107 About a week later, Dawie Groenewld, Karel Toet and Koos Pronk delivered a
rhinoceros cow, -bull and -heifer, all dehorned, on the farm Hannah.
108 Investigation revealed that there were no permits obtained for:
108.1 the dehorning of the rhinoceros bull, cow and heifer which were delivered to
the farm Hannah or for the possession of such horns,
Mv^ CC
000128
108.2 the receipt, possession and conveyance of the rhinoceros horn which had
broken off. Since none of these horns could be found, there is no other
Inference to be drawn other than that the said horns were sold in
contravention of NEMBA.
109 It is submitted that the horns obtained from the dehorning of the three rhinoceroses
which were delivered on the farm Hannah, as well as the receipt of the rhinoceros horn
which had broken off, represented proceeds of crime and the further sale of/ trade in
these horns had the effect of concealing or disguising the nature, source, location,
disposition or movement of the said horns or the ownership thereof or any interest
which anyone may have in respect thereof, or enabled Dawie Groenewaid and/or Karel
Toet and/or Koos Pronk to avoid prosecution, or to remove or diminish the said horns
which were the proceeds of the commission of a crime.
INCIDENT 11: Count 106 to 115 in the indictment involving Dawie
Groenewaid
110 During June 2008 Wayne Duncan, an American citizen, hunted with a group of
Americans with Out of Africa Adventurous Safaris at the farm Prachtlg. During his
presence on the farm Dawie Groenewaid offered the group an opportunity to hunt two
rhinocroses he wanted to get rid of. Duncan paid US $ 4500 to hunt one of the two
rhinoceroses. Dawie Groenewaid explained to the group that they would not be able
to take any parts of the rhinoceros back to America but could only take pictures of the
hunt. I refer to an affidavit of Wayne Duncan attached hereto as "JJ 18".
111 I also refer to an affidavit of Jimmy van Amstel attached hereto as "JJ 17". Jimmy van
Amstel confirm» that he conducted the hunt with Wayne Duncan on behalf of Dawie
Groenewaid and that he transported the dead rhinoceros to the skinning room at
Prachtig after the hunt.
NilW
000129
112 Investigation revealed that there were no permits obtained for.
112.1 the hunt of the rhinoceros by Wayne Duncan,
112.2 The dehomlng of this rhinoceros and possession of the horns.
113 Since the horns could not be found, there is no other inference to be drawn other than
that the said horns were sold in contravention of NEMBA.
114 It Is submitted that the horns obtained from the dehorning of the hunted rhinoceros,
represented proceeds of crime and the further sale of/ trade in these horns had the
effect of concealing or disguising the nature, source, location, disposition or movement
of the said horns or the ownership thereof or any interest which anyone may have in
respect thereof, or enabled Dawie Groenewald to avoid prosecution, or to remove or
diminish the said horns which were the proceeds of the commission of a crime.
INCIDENT 12: Count 116 to 125 In the indictment involving Dawie Groenewald and
Karel Toet
115 During December 2008 Gerhard Cornelius Minaar, the owner of Sheldryk Game
Ranch In Limpopo decided to sell one of his buffalo bulls and a rhinoceros bull of which
the latter had a front and back horn that measured 26, 5 inch long and 14 inch long
respectively. Karel Toet contacted Minaar and indicated that the business Valinor
Trading was interested to buy the buffalo bull and the rhinoceros buil and that a
dehomed rhinoceros bull would be delivered in return as part payment in the
transaction. I refer to an affidavit of Gerhard Cornelius Minaar attached hereto as "JJ
18".
116 On 17 December 2008 Minaar sent an invoice of R650 000-00 for the rhinoceros bull
and R120 000-00 for the buffalo bull to Valinor Trading. Minaar deducted R250 000-00
for the dehorned rhinoceros bull which was delivered on his farm. On the same day
Valinor Trading paid Minnaar the balance of R592 800-00.
000f30
117 Investigations revealed that there were no permits obtained for the dehorning of the
rhinoceros bull which was delivered to Minnaar nor for the possession of these horns.
Since the horns could not be found, there is no other inference to be drawn other than
that the said horns were sold in contravention of NEMBA.
118 It is submitted that the horns obtained from the dehorning of the rhinoceros bull,
represented proceeds of crime and the further sale of/ trade in these horns had the
effect of concealing or disguising the nature, source, location, disposition or movement
of the said horns or the ownership thereof or any interest which anyone may have in
respect thereof, or enabled Dawie Groenewald to avoid prosecution, or to remove or
diminish the said horns which were the proceeds of the commission of a crime.
119 It was further found that no permit was obtained for the trading in the dehorned
rhinoceros bull in exchange for Minnaar's rhinoceros bull and buffalo bull.
120 It is therefore also submitted that the transaction with Mr GC Minnaar had the effect of
concealing or disguising the nature, source, location, disposition or movement of the
dehorned rhinoceros bull delivered to him or the ownership thereof or any interest
which anyone may have in respect thereof; or enabled Dawie Groenewald and Karel
Toet, to avoid prosecution, or to remove or diminish the said property (the dehorned
rhinoceros bull) which was the proceeds of the commission of a crime.
INCIDENT 13: Count 126 to 167 in the indictment involving Karel Toet
121 Dr Walter Ward is the owner of Ueweni Game Farm in Mookgophong. He also has
rhinoceroses on the farm. I refer to an affidavit of Dr Waiter Ward attached hereto as
- JJ19".
122 Dr Ward states that sometime during the beginning of 2009 he received Information
about the safety of his rhinoceroses. He states that he then spoke to his vet, Karel
Toet, who agreed to dehorn the rhinoceroses on his farm. On 19 January 2009 Karel
43 J
N/rj
000131
Toet, and his helpers as well as employees of Out of Africa dehorned seven (7)
rhinoceroses on the Lleweni Game Farm. Ward later received R 550 000-00 from
Karel Toet as payment for the thirteen horns.
123 I refer to an affidavit of Zacharia Kekana attached hereto as "JJ 19a". Zacharia
Kekana, who is the farm manager at Lleweni Game Farm, confirms the dehorning of
the seven rhinoceroses and states that the thirteen horns weighed 76 kg.
124 Investigation revealed that there were no permit/(s) obtained for
124.1 the dehorning of the rhinoceros on Lleweni Game Farm,
124.2 buying the thirteen horns from Ward,
124.3 conveying and possessing the horns,
124.4 the subsequent sale of the horns.
125 Since the horns could not be found, there is no other inference to be drawn other
than that the said horns were sold In contravention of NEMBA.
126 It is submitted that the horns obtained from the dehorning of the seven rhinoceroses,
represented proceeds of crime and the further sale of/ trade in these horns had the
effect of concealing or disguising the nature, source, location, disposition or
movement of the said horns or the ownership thereof or any Interest which anyone
may have in respect thereof, or enabled Karel Toet to avoid prosecution, or to
remove or diminish the said horns which were the proceeds of the commission of a
crime.
Mfl
000132
INCIDENT 14: Count 168 to 176 In the Indictment involving Dawie Groenewald,
Karel Toet and Manle du Plessis
127 During 2009 Hendrik van Aswegen, the manager of the farm Bulspru'rt, bought one
rhinoceros bull from Mr Manie du Plessis for the amount of R315 000-00. A week later
a dehorned rhinoceros bull was delivered on the farm Bulspruit by Manie du Plessis. I
attach hereto Hendrik van Aswegen's affidavit as "JJ 20".
128 Karel Toet made an application to the Modimolle permit office for a permit for the
transportation of the said rhinoceros bull from the farm Prachtig to the farm Bulspruit.
On 9 April 2009 the Modimolle permit office issued permit number O 14382 in the
name of Karel Toet for the transportation of one rhinoceros bull from the farm Prachtig
to the farm Bulspruit.
129 Investigation revealed that there were no permits obtained for dehorning the said
rhinoceros or for the possession of the said horns. Since the horns could not be found,
there is no other inference to be drawn other than that the said horns were sold in
contravention of NEMBA.
130 It is submitted that the horns obtained from the dehorning the said rhinoceros bull,
represented proceeds of crime and the further sale of/ trade in these horns had the
effect of concealing or disguising the nature, source, location, disposition or
movement of the said horns or the ownership thereof or any interest which anyone
may have in respect thereof, or enabled Dawie Groenewald to avoid prosecution, or
to remove or diminish the said horns which were the proceeds of the commission of a
crime.
131 It is further submitted that the transaction with Mr H van Aswegen had the effect of
concealing or disguising the nature, source, location, disposition or movement of the
dehorned rhinoceros bull delivered to him or the ownership thereof or any interest
Hff\
*
000133
which anyone may have in respect thereof; or enabled Dawie Groenewald, Ksrel Toet
and Manie du Plessis, to avoid prosecution, or to remove or diminish the said property
(the dehomed rhinoceros bull) which was the proceeds of the commission of a crime.
INCIDENT 15: Count 177 to 185 in the indictment involving Dawie Groenewald and
Karel Toet
132 During October 2008 Alan James Fourie, the owner of Alpetra Nature Reserve made
a decision to sell three of his rhinoceroses namely one rhinoceros bull, one
rhinoceros cow and one calf. Alan James Fourie requested his farm manager, Petrus
Jacobus Fourie to find buyers for the three rhinoceroses. PJ Fourie advertised the
sale of the three rhinoceroses on the internet. Karel Toet responded to the
advertisement.
133 The three rhinoceroses were bought for R912 000-00 by Vallnor Trading and all
three rhinoceroses had their horns intact. The permit for the transportion of the three
rhinoceroses from the farm Alpetra to the farm Prachtig was applied for by Karel
Toet and permit number O 15410 was issued on 20 October 2008 In the name of
Karel Toet.
134 On 2 May 2009 one Friedrich Wilhelm Neethling attended the game auction In
Vaalwater. Friedrich Wilhelm Neethling was interested in a young rhinoceros bull and
a rhinoceros cow. After the auction Friedrich Wilhelm Neethling arranged to buy the
said two rhinoceroses for R347 700-00.
135 Friedrich Wilhelm Neethling established through Manie du Plessis that one of the
rhinoceros, namely the rhinoceros cow, originally belonged to Alan James Fourie who
had sold it to Dawie Groenewald. He also established from Manie du Plessis that the
rhinoceros cow sold at the auction, was dehomed. I attach hereto Friedrich Wilhelm
Neethling's affidavit as "JJ 21" .
f%
000134
136 Investigation revealed there were no permits obtained for the dehorning of the
rhinoceros cow initially bought by Dawie Groenewald from Alan J Fourie and later
sold as a dehorned rhinoceros cow at the auction to Neethling, nor for the possession
Of the said horns. Since the horns could not be found,there is no other Inference to be
drwan other than that the said horns were sold in contravention of NEMBA.
137 It is submitted that the horns obtained from the dehorning the said rhinoceros cow,
represented proceeds of crime and the further sale of/ trade in these horns had the
effect of concealing or disguising the nature, source, location, disposition or
movement of the said horns or the ownership thereof or any interest which anyone
may have in respect thereof, or enabled Dawie Groenewald and Karel Toet to avoid
prosecution, or to remove or diminish the said horns which were the proceeds of the
commission of a crime.
138 It is further submitted that the transaction with the auctioneer at Vaalwater had the
effect of concealing or disguising the nature, source, location, disposition or
movement of the dehorned rhinoceros cow which was sold to Neethling at the auction
OT the ownership thereof or arty Interest which anyone may have in respect thereof; or
enabled Dawie Groenewald and Karel Toet, to avoid prosecution, or to remove or
diminish the said property (the dehorned rhinoceros cow) which was the proceeds of
the commission of a crime.
INCIDENT 16: Count 186 to 195 in the indictment involving Dawie Groenewald, Karel
Toet and Sariëtte Groenewald
139 During May 2009 Hendrik Petrus Steenkamp, the owner of the farm Biesiesbult in the
Fne State, arranged with Karel Toet to buy a rhinoceros bull he required for
breeding purposes.
140 On 13 May 2009 Hendrik Petrus Steenkamp applied for the necessary permit to
import the rhinoceros bull from Ofjaco Game Pens in Vaalwater to his farm.
ht f l l
000135
141 During May 2009 Karel Toet delivered a dehorned rhinoceros bull to Steenkamp.
Steenkamp received an Invoice in the amount of R182 400-00 for the rhinoceros bull
from Valinor Trading CC. I attach hereto an affidavit of Hendrik Petrus Steenkamp as
"JJ 22".
142 Investigation revealed that there were no permits obtained for the dehorning of the
said rhinoceros bull nor for the possession of the horns. Since the horns could not be
found, there is no other inference to be drawn other than that the said horns were
sold in contravention of NEMBA.
143 It is submitted that the horns obtained from dehorning the said rhinoceros bull,
represented proceeds of crime and the further sale of/ trade in these horns had the
effect of concealing or disguising the nature, source, location, disposition or
movement of the said horns or the ownership thereof or any interest which anyone
may have In respect thereof, or enabled Dawie Groenewald to avoid prosecution, or
to remove or diminish the said horns which were the proceeds of the commission of a
crime.
144 It Is further submitted that the transaction with Mr Hendrik Petrus Steenkamp and/or
the auctioneer at Vaalwater had the effect of concealing or disguising the nature,
source, location, disposition or movement of the dehorned rhinoceros bull which was
sold to Hendrik Petrus Steenkamp or the ownership thereof or any interest which
anyone may have in respect thereof; or enabled Dawie Groenewald and Karel Toet,
to avoid prosecution, or to remove or diminish the said property (tile dehorned
rhinoceros bull) which was the proceeds of the commission of a crime.
145 It is also submitted that the payment in the amount of R182 400-00 for the dehorned
rhinoceros bull, amounted to receiving the proceeds of unlawful activities as the said
rhinoceros bull had been dehorned without the required permit
000136
INCIDENT 17: Count 196 and 197 i n the indictment involving Paul Mathoromela
146 On 1 June 2009 Paul Dimakatso Mathoromela and Joseph Maluleke, two farm
workers of Dawie Groenewald, were arrested for illegal possession of rhinoceros
horns. Mathoromela was driving a Toyota Land Cruiser with registration number BRR
622 L, registered in the name of Valinor Trading, when he was stopped by police
officials on the N1 Highway near the Stormvoël offramp In Pretoria.
147 The four rhinoceros horns were confiscated by the police and a case docket Villeria
CAS 11/06/2009 was registered. Three permits were handed to the police, but these
permits did not refer to the conveyance or the possession of the said horns.
148 Both Mathoromela and Maluleke appeared in the Pretoria Magistrate's Court on 3
June 2009 for the illegal possession of rhinoceros horns. However, this case was
withdrawn against both of them on 8 September 2009.
1
a
INCIDENT 18: Count 198 to 203 in the indictment involving Dawie Groenewald and
Sariëtte Groenewald
149 Reuben Jan Saayman is a game capturer, wild life trader and game farmer on the farm
Bufallo Ranch in Bloemfontein.
150 During July 2009 Reuben Jan Saayman bought two rhinoceros cows from Dawie
Groenewald for the amount R399 000-00 which purchase price was paid to Valinor
Trading.
151 During the transaction Saayman realized that the front horn of one of the cows was
cut off. On 17 July 2009 Reuben Jan Saayman resold both these rhinoceros to Jan
Abraham Pienaar. I refer to an affidavit of Reuben Jan Saayman attached hereto as
M
JJ23"
Kitn :
000137
152 Investigation revealed that there were no permits obtained for the dehorning of the said
rhinoceros cow nor for the possession of the front horn that was removed from the
rhinoceros cow. Since the horn could not be found, there is no other inference to be
drawn other than that the said horn was sold in contravention of NEMBA.
153 It is submitted that the horn obtained from dehorning the said rhinoceros cow,
represented proceeds of crime and the further sale of/ trade in this horn had the effect
of concealing or disguising the nature, source, location, disposition or movement of the
said horns or the ownership thereof or any interest which anyone may have in respect
thereof, or enabled Dawie Groenewald to avoid prosecution, or to remove or diminish
the said horn which were the proceeds of the commission of a crime.
154 It Is further submitted that the transaction with Mr Reuben Jan Saayman had the effect
of concealing or disguising the nature, source, location, disposition or movement of the
dehorned rhinoceros cow which was sold to Reuben Jan Saayman or the ownership
thereof or any interest which anyone may have in respect thereof, or enabled Dawie
Oroenewald, to avoid prosecution, or to remove or diminish the said property (the
dehorned rhinoceros cow) which was the proceeds of the commission of a crime.
155 It Is also submitted that the payment in the amount of R 399 000-00 for the dehorned
rhinoceros cow, amounted to receiving the proceeds of unlawful activities as the said
rhinoceros cow had been dehorned of its front horn without the required permit
156 INCIDENT 19: Count 204 to 222 in the indictment involving Dawie
Oroenewal d, Karel Toet and Sariette Groenewald Erich Werner Ferreira is a
nature conservator at Kapama Game Reserve in the Hoedspruit area of Limpopo. I
refer to an affidavit of Erich Werner Ferreira attached hereto as "JJ 24".
MfrV
"Ml
1
000133
157 Erich Werner Ferreira states that during April 2009, Kapama Game Reserve
management took a decision to exchange two of their young rhinoceros bulls for two
rhinoceros cows.
'58 Ferreira was contacted by one Riaan Pool who mentioned to him that he had two
dehorned rhinoceros cows available. Erich Werner Ferreira indicated to Riaan Pool
that he was not interested in buying dehorned rhinoceros cows to which Pool assured
him that there were other rhinoceros cows available with their horns intact. Ferreira
then entered into an agreement with Dawie Groenewald to buy two rhinoceros cows
from him and simultaneously sell his two rhinoceros bulls to Dawie Groenewald.
159 Investigations revealed that on 21 July 2009 Mariza Toet applied for the transport
permits in the name of Karel Toet for both transactions. Permit numbers O 12475 and
O 12479 were issued in the name of Karel Toet. Permit number O 12479 was issued
subject to a special condition that the local nature conservator should be notified 48
hours before the capture and transportation of the said rhinoceros cows and should
also be present during the capture of the said cows. Investigation revealed that Karel
Toet did not comply with these conditions.
160 On 28 July 2009 Valinor sent an invoice of R570 000-00 to Kapama Game Reserve for
the two rhinoceros cows. Payment was made to Dawie Groenewald for the two
rhinoceros cows.
161 On 31 July 2009 two dehorned rhinoceros cows were delivered at Kapama Wild
Reserve by Dawie Groenewald, Karel Toet and Riaan Pool. Erich Werner Ferreira
states that he only realised that the two rhinoceros cows were dehorned, when they
were offloaded.
162 On 1 August 2009 Dawie Groenewald, Riaan Pool and Karel Toet loaded and
transported one rhino bull from Kapama Game Reserve as they could not find the
51
NfYV!
mmmm
000139
other rhinoceros bull. On 6 August 2009 Dawie Groenewald and Karel Toet went back
to Kapama Game Reserve to capture the other rhinoceros bull. However, Dawie
Groenewald identified another big rhinoceros bull on Kapama Game Reserve which
he wanted to purchase. This big rhinoceros bull was then captured and transported to
the farm Prachtig.
163 Investigation revealed that there were no permits obtained for dehorning the said two
rhinoceros cows nor for the possession of the horns that were removed from the
rhinoceroses. Since the horns could not be found, there is no other inference that the
said horns were sold in contravention of NEMBA.
164 It is submitted that the horns resulting from dehorning the said two rhinoceros cows,
represented proceeds of crime and the further sale of/ trade in these horns had the
effect of concealing or disguising the nature, source, location, disposition or movement
of the said horns or the ownership thereof or any interest which anyone may have in
respect thereof, or enabled Dawie Groenewald to avoid prosecution, or to remove or
diminish the said horns which were the proceeds of the commission of a crime.
165 It Is further submitted that the transaction with Mr Erich Werner Ferreira had the effect
of concealing or disguising the nature, source, location, disposition or movement of the
two dehorned rhinoceros cows which was sold to Erich Werner Ferreira or the
ownership thereof or any interest which anyone may have in respect thereof, or
enabled Dawie Groenewald and Karel Toet, to avoid prosecution, or to remove or
diminish the said property (the two dehorned rhinoceros cows) which were the
proceeds of the commission of a crime.
166 It is also submitted that the payment in the amount of R 570 000-00 for the two
dehorned rhinoceros cows, amounted to receiving the proceeds of unlawful activities
as the said rhinoceros cows had been dehorned without the required permit
HFVU
1
ft
ft
ft
1ft
• I
m
m
000140
INCIDENT 20 AND 21: Count 223 to 303 In the Indictment Involving Dawle
Groenewald, Karel Toet and Koos Pronk
167 Johannes Andries Huyser, the owner of the farm Rivierdans in Limpopo, was
involved in two separate transactions with Dawie Groenewald during 2009. These
transactions are reflected below as two separate incidents namely incident 20 and
incident 21.
INCIDENT 20: Count 223 to 284 in the indictment involving Dawie Groenewald, Karel Toet
and Koos Pronk
168 On 13 February 2009, Botes van der Merwe who is the Hunting Director at the farm
Rivierdans was together with inter alia Johannes Andries Huyser, Dawie Groenewald,
Karel Toet and Koos Pronk at the farm Rivierdans. I refer to an affidavit of Botes van
der Merwe attached hereto as "JJ 25".
169 Karel Toet and Koos Pronk dehorned three white rhinoceroses (both horns), one
rhinoceros heifer (both homs), and two rhinoceros heifers (only front horns) at the
farm. The ten rhinoceros horns were weighed on the farm and Dawie Groenewald
paid Huyser R663 000-00 in cash for the ten rhinoceros horns.
170 Investigation revealed that there were no permits obtained for dehorning the above
mentioned six rhinoceroses nor were there permits to buy, possess or transport the
horns that were removed from these rhinoceroses. Since the horns could not be
found, there is no other inference that the said homs were later sold in contravention
of NEMBA.
171 It i t submitted that the homs resulting from dehorning the said six rhinoceroses,
represented proceeds of crime and the further sale of/ trade in these homs had the
effect of concealing or disguising the nature, source, location, disposition or
movement of the said homs or the ownership thereof or any interest which anyone
may have in respect thereof, or enabled Dawie Groenewald to avoid prosecution, or
53
Dpi
000141
to remove or diminish the said horns which were the proceeds of the commission of a
crime.
" 2 Simultaneously, when dehorning the above mentioned six rhinoceroses, the
rhinoceros heifer dehorned of both horns as well as a rhinoceros bull with a large
horn Intact, were loaded onto Dawie Groenewald's truck in exchange for a dehorned
pregnant rhinoceros cow and a dehomed rhinoceros bull from Dawie Groenewald.
173 Investigation revealded that no permits were issued for the transportation of the
rhinoceros from and to the farm Rivierdans as described above.
174 The dehorned rhinoceros cow that was offloaded at Rivierdans later had a calf which
was stillborn. This same dehorned rhicoceros cow was replaced by Dawie
Oroenewald with another pregnant dehorned rhicoceros cow. There was also no
permit for the transportation of the second dehomed rhinoceros cow to the farm
Rivierdans.
175 investigation further revealed there were no permits obtained for dehorning the three
rhinoceros (the two dehorned pregnant rhinoceros cows and the one dehorned
rhinoceros bull) delivered to the farm Rivierdans nor to possess these horns. Since
these horns could also not be found, there is no other inference to be drawn other
than that the said horns were sold in contra/entJon of NEMBA.
176 It is also submitted that the horns resultinc from dehorning these three rhinoceroses
(the two pregnant rhinoceros cows and the one rhinoceros bull), represented
proceeds of crime and the further sale cfV trade in these horns had the effect of
concealing or disguising the nature, source, location, disposition or movement of the
said horns or the ownership thereof or any interest which anyone may have In
respect thereof, or enabled Dawie Groenewald to avoid prosecution, or to remove or
diminish the said horns which were the proceeds of the commission of a crime.
Nlirl
000H2
'77 It is further submitted that the transaction with Mr JA Huyser had the effect of
concealing or disguising the nature, source, location, disposition or movement of the
two dehorned pregnant rhinoceros cows and the one dehorned rhinoceros bull which
were delivered to Huyser or the ownership thereof or any interest which anyone may
have in respect thereof; or enabled Dawie Groenewald and Karel Toet and Koos
Pronk, to avoid prosecution, or to remove or diminish the said property (the two
dehorned pregnant rhinoceros cows and the one dehorned rhinoceros bull) which
were the proceeds of the commission of a crime.
INCIDENT 21: Count 285 to 303 in the indictment involving Dawie Groenewald and
Karel Toet
178 In July 2009 Johannes Huyser entered into a transaction with Dawie Groenewald
where Huyser exchanged one of his big rhinoceros bulls from the farm Rivierdans for
one pregnant dehorned rhinoceros cow and one dehorned rhinoceros bull belonging
to Dawie Groenewald.
179 On 28 July 2009 Karel Toet applied for the relevant transport permits, where after
permit number 012480 and 012481 were issued. Both the mentioned permits were
issued in the name of Karel Toet and issued subject to the special conditions that 48
hours notice had to be given to the local nature conservator before the capture and
transportation of the rhinoceroses took place. Investigation revealed that Karel Toet
did not comply with these conditions on either of the said permits.
180 The rhinoceros cow and -bud that were received by Johannes Huyser In July 2009
wan) dehorned. I refer to an affidavit of Johannes Andries Huyser attached hereto as
••JJ2I".
181 Investigation revealed that there were no permits obtained for dehorning the said
rhinoceroses nor for the possession of the horns that were removed from the
N¥[
II
000143
rhinoceroses. Since the horns could not be found, there is no other inference that the
said home were sold In contravention of NEMBA.
It Is submitted tint the horns resulting from dehorning the said two rhinoceroses,
represented proceeds of orime and the further sale of/ trade in these homs had the
effect of concealing or disguising the nature, source, location, disposition or
movement of the said horns or the ownership thereof or any interest which anyone
may have in respect thereof, or enabled Dawie Groenewald to avoid prosecution, or
to remove or diminish the said home which were the proceeds of the commission of a
orlme.
183 It Is further submitted that the transaction with Mr JA Huyser had the effect of
OOncealing or disguising the nature, source, location, disposition or movement of the
two dehorned rhinoceroses which were delivered to Huyser or the ownership thereof
or any Interest which anyone may have In respect thereof; or enabled Dawie
Groenewald and Karei Toet, to avoid prosecution, or to remove or diminish the said
property (the two dehorned rhinoceroses) which were the proceeds of the
commission of a orlme.
Incldont 22: Count 304 to 314 in the indictment Involving Dawie Groenewald,
Karel Toet, Miriza Toet and SariËtte Groenewald
184 Stu.Ht Richard Williams Is a director of Willrock (Pty) Ltd which owns the farm Tally-
i lo In Louis Trichardt I refer to an affidavit of Stuart Richard Williams attached
hereto as "JJ 27".
185 Stuart Richard Williams states that he had four rhinoceroses on the farm. There was
no offspring for a period of two years and he decided to look around to purchase
another rhinoceros bull. He heard that Dawie Groenewald had rhinoceroses for sale.
56
Wl
*
000144
Stuart Richard Williams made contact with Dawie Groenewald who indicated that he
had dehorned rhinoceros bulls available.
186 Stuart Richard Williams requested his foreman Johan van Rooyen to go and have a
look at the dehorned rhinoceros bulls. Van Rooyen found a rhinoceros bull which
Stuart Richard Williams bought from Dawie Groenewald for R319 200-00.
187 On 11 August 2009 Mariza Toet made an application in the name of Karel Toet for a
permit for the transportation of the rhinoceros bull from the farm Prachtig. Permit
number O 12487 was issued in the name of Karel Toet subject to a special condition
that 48 hours notice had to be given to the local nature conservator before the
capture and transportation of the rhinoceros took place and that he must be present
at the capture and loading of the rhinoceros. Investigation revealed that Karel Toet
did not comply with these conditions and that the dehorned rhinoceros bull was
delivered to the farm Tally Ho during August 2009.
188 Investigation revealed that there was no permit obtained for dehorning the said
rhinoceros bull nor for the possession of the horns that were removed from this
rhinoceros. Since the horns could not be found, there is no other inference to be
drawn other than that the said horns were sold in contravention of NEMBA.
189 it is submitted that the horns obtained from dehorning the said rhinoceros bull,
represented proceeds of crime and the further sale of/ trade in these horns had the
effect of concealing or disguising the nature, source, location, disposition or
movement of the said horns or the ownership thereof or any interest which anyone
may have in respect thereof, or enabled Dawie Groenewald to avoid prosecution, or
to remove or diminish the said horns which were the proceeds of the commission of a
crime.
K/, M
\j...»-.< • »-*
1 9 0
K >
s
further submitted that the transaction with Mr SR Williams had the effect of
concealing or disguising the nature, source, location, disposition or movement of the
dehorned rhinoceros bull which was delivered to Williams or the ownership thereof or
any interest which anyone may have in respect thereof, or enabled Dawie
Groenewald, Karel Toet and Mariza Toet, to avoid prosecution, or to remove or
diminish the said property (the dehorned rhinoceros bull) which was the proceeds of
the commission of a crime.
191 It Is also submitted that the payment in the amount of R 319 200-00 for the dehorned
rhinoceros bull, amounted to receiving the proceeds of unlawful activities as the said
rhinoceros bull had been dehorned without the required permit
INCIDENT 23:Count 315 to 332 in the indictment involving Dawie Groenewald, Karel
Toot and Mariza Toet
192 During July 2009 Nicolaas Louis Laurens, the owner of two farms, Rietbokspruit and
Rietfontein in the Mookgophong district in Limpopo decided to buy rhinoceroses for
his farms.
193 | refer to an affidavit of Nicolaas Louis Laurens attached hereto as "JJ 28". Nicolaas
Louis Laurens states that he contacted Riaan Pool and Magdel du Toit since he knew
they ware in the wild game trade Riaan Pool informed Nicolaas Louis Laurens that he
had two pregnant dehorned rhinoceros cows available. There after Henry Annandale
went to Musina to look at the rhinoceroses
194 Nicolaas Louis Laurens then decided to buy two rhinoceroses which were sold to him
tor R250 000-00 each.
195 Investigation revealed that on 27 August 2009 Mariza Toet applied for a permit In the
name of Karel Toet for the transport of the two rhinoceros cows. On 28 August 2009
permit number O 12493 was issued tor the capture and transportation of two
I
I
9
I
II
II
I*
a
ii
A
ft
m
m
m
000146
rhinoceros cows from the farm Prachtig to the farm Rietfontein subject to a special
condition that 48 hours notice had to be given to the local nature conservator prior to
the capture and transportation of the rhinoceroses took place and that he must be
present at the capture and loading of the rhinoceroses.
196 Investigation revealed that Karel Toet did not comply with these special conditions and
that two pregnant dehorned rhinoceros cows were delivered at the farm Rietfontein
during August 2009. When the two rhinoceroses were delivered at the farm Dawie
Qroenewald and Karel Toet were present.
197 Investigations further revealed that there were no permits obtained for dehorning the
said rhinoceros cows nor for the possession of the horns that were removed from
these rhinoceroses. Since the horns could not be found, there is no other Inferenceto
be drawn other than that the said horns were sold in contravention of NEMBA.
198 It is submitted that the horns obtained from dehorning the said two pregnant rhinoceros
cows, represented proceeds of crime and the further sale of/ trade in these horns had
the effect of concealing or disguising the nature, source, location, disposition or
movement of the said horns or the ownership thereof or any interest which anyone
may have In respect thereof, or enabled Dawie Groenewald to avoid prosecution, or to
remove or diminish the said horns which were the proceeds of the commission of a
crime.
199 It is further submitted that the transaction with Mr NL Laurens had the effect of
concealing or disguising the nature, source, location, disposition or movement of the
two dehorned pregnant rhinoceros cows which were delivered to Laurens or the
ownership thereof or any interest which anyone may have in respect thereof; or
enabled Dawie Groenewald, Karel Toet and Mariza Toet, to avoid prosecution, or to
remove or diminish the said property (the two dehorned rhinoceros cows) which were
the proceeds of the commission of a crime.
59
H/^
000147
IDENT 24: Count 333 i n the indictment involving Dawie Groenewald
^ Karl Erichson is the co-owner of Loodswaai Nature Reserve in Cullnan, Gauteng. I
refer to an affidavit of Karl Erichson attached hereto as "JJ 29".
201 Karl Erichson had a discussion with Riaan Pool about the safety of rhinoceroses in
the Nature Reserve who informed Erichson that he knew a person who could dehom
his rhinoceroses legally. Later the same day Erichson received a telephone call from
Dawie Groenewald who indicated to him that he would visit the Nature Reserve,
dehom the rhinoceroses and then pay cash for the horns. Karl Erichson states that
he enquired from Dawie Groenewald whether the transaction would be legal as he
(Erichson) knew that dealing in rhinoceros horn was prohibited. Erichson was also
concerned about what he would say to the police should the Nature Resreve be
inspected Dawie Groenewald mentioned that he would provide Erichson with
rhinoceros shavings which he could bum and produce as proof to the police that the
horns were burnt. 183. Karl Erichson did not agree with the suggestion and realized
that Dawie Groenewald's conduct was illegal. However, Dawie Groenewald
insisted that the rhinoceroses be dehorned otherwise they would be killed for the
hems, it is submitted that Dawie Groenewald's conduct as mentioned above
amounted to an incitement to commit an offence.
INCIDENT 25: Count 334 to 348 in the indictment involving Dawie Groenewald, Karel
Toet and Mariza Toet
202 Mark Stephen Knezovich is the owner of the farm Groenfontein In Hammanskraal,
Gauteng. I attach hereto an affidavit of Mark Stephen Knezovich marked "JJ 30".
203 Mark Stephen Knezovich states that during September 2009 he decided to sell one of
his rhinoceros bulls. He then sold this rhinoceros bull to Dawie Groenewald during
September 2009 and at the same time bought a dehorned rhinoceros bull from Dawie
Groenewald.
I
I
I
i
n
m
000148
^04 Mariza Toet made applied for the relevant Import- and export permits for the exchange
of the above mentioned two rhinoceroses. All four permits were issued In the name of
Karel Toet. Two of the mentioned permits namely permit number O 12494 and O
12495 were issued subject to special conditions. In respect of permit number 012494
the special condition was that 48 hours notice had to be given to the local nature
conservator prior to the offloading of the rhinoceros bull on the farm Prachtig and that
he must also be present at the offloading of the rhinoceros. In respect of permit
number O 12495 the special condition was that 48 hours notice had to be given to the
local nature conservator prior to the capture of the rhinoceros bull on the farm Prachtig
and that he must also be present at the capture and loading of the rhinoceros.
205 Investigation revealed that Karel Toet did not comply with any of these conditions on
either permit. It was further established that no permits were obtained for the
dehorning of the rhinoceros bull delivered to Knezovich nor for the possession of such
horns. Since the horns could not be found, there is no other Inference to be drawn
other than that the said horns were sold in contravention of NEMBA.
206 It is submitted that the horns obtained from dehorning the said rhinoceros bull,
represented proceeds of crime and the further sale of/ trade in these horns had the
effect of concealing or disguising the nature, source, location, disposition or movement
of the said horns or the ownership thereof or any interest which anyone may have in
respect thereof, or enabled Dawie Groenewald to avoid prosecution, or to remove or
diminish the said horns which were the proceeds of the commission of a crime.
207 It is further submitted that the transaction with Mr MS Knezovich had the effect of
concealing or disguising the nature, source, location, disposition or movement of the
dehorned rhinoceros bull which was delivered to Knezovich or the ownership thereof or
any interest which anyone may have in respect thereof; or enabled Dawie Groenewald,
Karel Toet and Mariza Toet, to avoid prosecution, or to remove or diminish the said
61
NM
000149
property (the dehorned rhinoceros bull) which was the proceeds of the commission of
a crime.
208 Mark Stephen Knezovich further decided to dehorn two rhinoceros cows he had
bought previously. Karel Toet was responsible for the dehorning of the two
rhinoceroses on the farm Groenfontein.
INCIDENT 26: Count 349 to 369 in the indictment involving Dawie Groenewald,
Manie du Plessis, Dewald Gouws, Paul Mathoromela and Sariëtte Groenewald
209 On 27 October 2009 Johan van Altena spoke to Dr Douw Grobler, a veterinary
surgeon regarding the seriouness of rhino poaching in the vicinity of his farm, Bdumbi
Too, situated in Thabazimbi. I refer to an affidavit of Johan van Altena attached hereto
as "JJ 31". Dr Douw Grobler suggested that Van Altena should speak to Dawie
Groenewald to assist him in dehorning the rhinoceroses.
210 Van Altena contacted Dawie Groenewald and arranged that the rhinoceroses on his
farm be dehorned on 29 October 2009. Dawie Groenewald agreed to pay him R35
000-00 per kilogram for the horns.
211 On 29 October 2009 Manie Du Plessis, Dewald Gouws, Paul Mathoromela and others
arrived at the farm. Three rhinoceroses were darted and dehorned. Here after the
horns were weighed and the weight of each set noted as 4,112 kg; 2,840 kg and 3,22
kg respectively. Van Altena received two payments from Valinor Trading for the
rhinoceros horns. The first payment was R150 000-00 made on 12 November 2009
and the second payment was R249 000-00 on 13 November 2009. Investigations
revealed that there were no permits obtained for dehorning the said rhinoceroses nor
for the buying, possession or conveyance of the horns that were removed from the
three rhinoceroses. Since the horns could not be found, there Is no other inference
that the said horns were sold in contravention of NEMBA.
ffn.
000150
212 It is submitted that the horns resulting from dehorning the said three rhinoceroses,
represented proceeds of crime and the further sale of/ trade in these horns had the
effect of concealing or disguising the nature, source, location, disposition or movement
of the said horns or the ownership thereof or any interest which anyone may have in
respect thereof, or enabled Dawie Groenewald to avoid prosecution, or to remove or
diminish the said horns which were the proceeds of the commission of a crime.
INCIDENT 27: Count 370 to 388 in the indictment involving Dawie Groenewald and
Nardus Rossouw
213 During October 2009 Matthys Machiel Johannes Bekker, owner of the farm Diamant
3, in Lephalale in Limpopo Province had four rhinoceros bulls on his farm and one of
them belonged to Jan Kleyhnans. I refer to an affidavit of Bekker attached hereto as
"JJ 32".
1
1
214 Nardus Rossouw proposed to Bekker to exchange two of these rhinoceros bulls for
two dehomed rhinoceros cows. Bekker was not Interested in the proposal but
mentioned it to Jan Kleynhans who was interested in the proposal. Jan Kleynhans
came to an agreement with Nardus Rossouw that he will exchange his rhinoceros bull
for a dehorned rhinoceros cow.
215 The dehorned rhinoceros cow was delivered on Kleynhans's farm by Nardus
Rossouw. Nardus Rossouw further constantly asked Bekker if he could dehorn the
large rhinoceros bull on the farm Diamant 3, to which Bekker eventually agreed.
216 Dawie Groenewald, Nardus Rossouw and other persons arrived on the farm Diamant 3
and dehorned the rhinoceros bull. Two weeks after the dehorning, Bekker received
R68 000-00 cash for the horns.
63
fYw
NMMHt
000151
1
217 Investigations revealed that there were no permits obtained for;
217.1 (dehorning the rhinoceros cow delivered to Kleynhans,
217.2 dehorning the rhinoceros bull belonging to Bekker,
217.3 buying or conveying the horns of the rhino bull from Bekker's farm,
217.4 the possession of any of these horns,
217.5 trading In the dehorned rhino cow which was delivered on Kleynhans's farm,
218 Since none of these horns could be found, there is no other inference to be drawn
other than that the said homs were sold in contravention of NEMBA.
219 It is submitted that the horns obtained from dehorning the said rhinoceros cow and -
bull, represented proceeds of crime and the further sale of/ trade in these horns had
the effect of concealing or disguising the nature, source, location, disposition or
movement of the said horns or the ownership thereof or any interest which anyone
may have in respect thereof, or enabled Dawie Qroenewald and/or Nardus Rossouw
to avoid prosecution, or to remove or diminish the said horns which were the
proceeds of the commission of a crime.
220 It is further submitted that the transaction with Mr J Kleynhans had the effect of
concealing or disguising the nature, source, location, disposition or movement of the
dehorned rhinoceros cow which was delivered to Kleynhans or the ownership thereof
or any interest which anyone may have in respect thereof; or enabled Dawie
Qroenewald and Nardus Rossouw, to avoid prosecution, or to remove or diminish the
said property (the dehorned rhinoceros cow) which was the proceeds of the
commission of a crime.
Nm
I*
ft
m
000Í52
IDENT 28: Count 389 in the indictment involving Nardus Rossouw
221 At the beginning of November 2009 Adriaan du Plessis, the owner of the farm
Renosterpan situated in Lephalale, was contacted by Nardus Rossouw who
informed him that he was interested in dehorning Du Plessis'a rhinoceroses which
had horns of 16 or 17 inches or longer in length, and that he would then pay Du
Plessis R25 000 per kilogram for the horns. Nardus Rossouw further told him that he
would supply his own veterinary surgeon to dehom the rhinoceroses and that Du
Plessis must not discuss this transaction with anyone.
222 Adriaan du Plessis refused the proposal made to him by Nardus Rossouw.I refer to
an affidavit of Adriaan du Plessis attached hereto as "JJ 33".
223 it is submitted that the actions by Nardus Rossouw amounted to inciting Du Plessis to
commit the statutory offences of dehorning and selling rhinoceros horns without the
required permits.
INCIDENT 29: Count 390 to 398 in the Indictment involving Dawie Groenewald and
Koos Pronk
224 During November 2009 Koos Pronk transported a rhinoceros to the farm Prachtig in
Musina. The rhinoceros's hip was broken and was offloaded at a watering hole on the
farm. Here Koos Pronk shot and killed the rhinoceros. James Edward van Amstel, a
professional hunter conducting hunts for Dawie Groenewald at the time, was
summoned to the watering hole where Van Amstel took pictures of Koos Pronk with
the dead rhinoceros. The picture was then put in the brochure of Out of Africa with
the caption showing Koos Pronk as Ivor Alexanderov.
225 Van Amstel assumes that the rhinoceros carcass would have been buried as the
rhinoceros was tranquilized to be transported and the meat was therefore not fit for
/ p
I
s
000153
human consumption. I refer to an affidavit of James Edward van Amstel attached
hereto earlier as "JJ17".
226 Investigation revealed that there were no permits obtained to kill or dehorn this
rhinoceros or to possess such horns. Since the horns could not be found, there is no
other inference to be drawn other than that the said homs were sold in contravention
of NEMBA.
227 It is submitted that the horns resulting from dehorning the said rhinoceros,
represented proceeds of crime and the further sale of/ trade in these homs had the
effect of concealing or disguising the nature, source, location, disposition or
movement of the said homs or the ownership thereof or any interest which anyone
may have in respect thereof, or enabled Dawie Groenewald and Koos Pronk to avoid
prosecution, or to remove or diminish the said homs which were the proceeds of the
commission of a crime.
INCIDENT 30: Count 399 to 402 in the indictment involving Dawie Groenewald,
Sariëtte Groenewald, Koos Pronk
228 On 12 December 2009 Teiufdi Nyoni was on duty as a security officer at the China
Mall, Langlaagte, Johannesburg. Koos Pronk arrived at the mall, driving Toyota
Landcruiser with registration number BSK 343 L and delivered a large item, wrapped
in a blanket, in one of the warehouses. Mr Nyoni suspected that the blanket
contained elephant tusks and contacted the police.
229 Police officials arrived on the scene and the owner of the warehouse, Le Xuan Minh,
was arrested together with Koos Pronk. A case docket, Langlaagte CAS
146/12/2009, was registered. The investigation of the case docket was allocated to
Warrant Officer Masocha Rodgers Ntlhamu. During the investigation he was
contacted by Dawie Groenewald who told him to destroy the case docket. Warrant
Officer Ntlhamu was not Interested in the suggestion and was told by Dawiej
N/it
1
000154
Groenewald that there were indeed permits for the hunt and possesion of the
elephant tusks and that one of Dawie Groenewald's workers would bring the permits
to Ntlhamu.
230 On 15 December 2009 Ntlhamu met one of Dawie Groenewald's workers at Shell
Ultra City in Mldrand. No permits were produced by the said person and the person
begged Ntlhamu to destroy the case docket. I attach hereto an affidavit of Ntlhamu as
M
JJ 34". It is submitted that these actions by Dawie Groenewald amounted to an
appemptto obstruct the course of justice.
231 Pronk and Minn appeared In the Magistrates Court at Newlands, Johannesburg and
was each released on R 5000-00 bail on 21 December 2009. Minn's ball was paid by
Gys du Preez On 29 July 2010 Minh pleaded guilty In terms of Section 112 of the
Criminal Procedure Act 51 of 1977 to the unlawful possession of elephant tusks and
was sentenced to a fine of R6000-00 or two years Imprisonment. The case against
Pronk was withdrawn on 17 September 2010.
232 Investigations revealed that the six elephant tusks weighed 86 kg and had a market
value of about R 800 000-00. it was also established that the vehicle used by Pronk
to deliver the tusks to the China Mall, was registered in the name of the business,
Valinor Trading, and that no permits were obtained for the possession, conveyance of
or for the dealing in the tusks.
INCIDENT 31 AND 32: Count 403 to 416 in the Indictment involving Karel Toet
233 During June 2009 a rhinoceros cow died on the farm Donkerhoek, situated in
Mookgophong, belonging to Johan Bosch Johan Bosch states that he had one of his
workers remove the horns of the dead rhinoceros. I refer to an affidavit of Johan Bosch
attached hereto as "JJ 35".
A74i
a
000155
234 Although Bosch did not have a permit to dehorn the rhinoceros or to possess the
horns, he stored the two rhinoceros horns in his trophy room. Towards the end of 2009
Bosch was contacted by Karel Toet who was interested in buying the rhinoceros horns
from him. Toward the end of 2009 Karei Toet collected the horns and paid R80 000-00
cash to Johan Bosch.
235 Another white rhinoceros cow was injured during January 2010 on the farm
Donkerhoek and Nadien Bosch (wife of Johan Bosch) had Manie du Plessis put the
animal down. A farm worker cut of the two horns and handed them to Nadine Bosch.
These horns weighed 5,5 kg and were sold to Karel Toet on 13 January 2010, for
which he paid about R 120 000-00 cash to Nadien Bosch. I refer to an affidavit of
Nadien Bosch attached hereto as "JJ 36".
236 Investigation revealed that no permits were obtained for the buying, possession and
conveyance of the said horns by Karel Toet in both instances. Since the said horns
were never found after Karel Toet was arrested in September 2010, there is no other
inference that Karel Toet sold the rhinoceros home in contravention of NEMBA.
237 It is submitted that the horns Karel Toet bought in both instances, represented
proceeds of crime and the further sale of/ trade in these horns had the effect of
concealing or disguising the nature, source, location, disposition or movement of the
said horns or the ownership thereof or any interest which anyone may have in respect
thereof, or enabled Karel Toet to avoid prosecution, or to remove or diminish the said
horns which were the proceeds of the commission of a crime.
INCIDENT 33: Count 417 to 426 In the indictment involving Dawie Groenewald and
Tielman Erasmus
238 Theo Erasmus, who is the father of Tielman Erasmus, was invited by Dawie
Groenewald to hunt a rhinoceros bull on the farm Prachtig
68
X
000156
239 Sometime during 2008 to 2009 Theo Erasmus and his son Tielman Erasmus arrived
on the farm Prachtig in order to hunt the rhinoceros bull. Theo Erasmus shot a
rhinoceros bull which was then dehorned in the skinning room on the farm Prachtig. I
refer to an affidavit of Theo Erasmus attached hereto as "JJ 37".
240 Investigation revealed that there were no permits obtained for this hunt or for the
possession of the rhinoceros horns. Since the horns could not be found, there is no
other inference that the said horns were sold in contravention of NEMBA.
241 It is submitted that the horns of the hunted rhinoceros, represented proceeds of crime
and the further sale of/ trade in these horns had the effect of concealing or disguising
the nature, source, location, disposition or movement of the said horns or the
ownership thereof or any interest which anyone may have in respect thereof, or
enabled Dawie Groenewald to avoid prosecution, or to remove or diminish the said
horns which were the proceeds of the commission of a crime.
INCIDENT 34: Count 427 to 448 in the indictment involving Karel Toet, Gys Du Preez
and Dawie Groenewald
242 During August 2009 Lodewyk Wllhelm Goosen (Jr) from the farm Haniey In Musina,
bought a rhinoceros bull and a rhinoceros cow from Dawie Groenewald. I attach hereto
an affidavit of Lodewyk Wilhelm Goosen (Jr) marked "JJ 38".
243 On 17 August 2009 Mariza Toet applied for the transport permit for the two
rhinoceroses from the farm Prachtig to the farm Haniey. Permit number O 12488 was
issued in the name of Karel Toet subject to special conditions namely that the local
nature conservator be notified 48 hours prior to the capture and transport of the
rhinoceroses and that he should be present when they are captured and loaded. The
two rhinoceros were offloaded on the farm Haniey but investigation revealed that Karel
Tott did not comply with the special conditions.
N/YI
000157
244 After the purchase of the two rhlnooerosos from Dawie Groenewald, Lodewyk Wilhelm
Qoosen (Jr) became concerned ibout the safety of the rhinoceroses on the farm. He
contacted Dawie Groenewald to find out If he oould dehorn the rhinoceroses for him
and deliver a rhlnoeeroa heifer on Manley In exchange for the horns. Dawie
Groenewald told him It would not be possible at that stage as he did not have any
heifer available.
245 In February 2010 Lodewyk Wilhelm Goosen (Jr) contacted Karel Toet to dehorn the
rhinos for him. On 8 February 2010 Karel Toet and Johannes Gysbert du Preez went
to the farm Hanley and dehorned the two rhinoceroses. Lodewyk Wilhelm Goosen
(Jr) kept the three rhinoceros horns with him. Investigation revealed that there was no
permit obtained for the dehorning of the two rhinoceroses.
246 In May 2010 Lodewyk Wilhelm Goosen (Jr) established from Dawie Groenewald that
he, Dawie, had rhinoceros heifers available for the amount of R 120 000-00. The two
agreed that the three rhinoceros horns which were In Lodewyk Wilhelm Goosen (Jr)'s
possession would be used as partial payment for the rhino heifer from Dawie
Groenewald. In addition to the said three rhinoceros horns, Lodewyk Wilhelm Goosen
(Jr) gave eight Oryx and three zebras to Dawie Groenewald as payment for the
rhinoceros heifer.
247 A dehorned rhinoceros heifer was delivered at the farm Hanley for which there was no
permit issued for the transaction in which the rhinoceros heifer from the farm Prachtig
was exchanged for the three rhinoceros horns and other animals.
248 Investigation revealed that Dawie Groenewald also did not have a permit for
dehorning the said rhinoceros heifer nor for the possession of such horns. No permits
were obtained for the receipt of the three rhinoceros horns nor for the possession of
these horn*. Since none of the five rhinoceros horns could be found on the farm
WK
000158
Prachtig, there is no other inference that the horns were sold in contravention of
NEMBA.
249 It is submitted that the horns of the dehorned heifer as well as the three horns received
from Goosen, represented proceeds of crime and the further sale of/ trade in these
horns had the effect of concealing or disguising the nature, source, location,
disposition or movement of the said homs or the ownership thereof or any interest
which anyone may have in respect thereof, or enabled Dawie Groenewald to avoid
prosecution, or to remove or diminish the said horns which were the proceeds of the
commission of a crime.
250 It is further submitted that the transaction with Mr LW Goosen (Jr) had the effect of
concealing or disguising the nature, source, location, disposition or movement of the
dehorned rhinoceros heifer which was delivered to Goosen or the ownership thereof or
any interest which anyone may have in respect thereof; or enabled Dawie Groenewald,
to avoid prosecution, or to remove or diminish the said property (the dehorned
rhinoceros heifer) which was the proceeds of the commission of a crime.
251 INCIDENT 35: Count 449 to 451 in the indictment Involving Gys du Preez, Dawie
Groenewald, Sariétte Groenewald and Tielman ErasmusDuring February 2010 Dawie
Groenewald was arrested in the United States of America. Investigation revealed that
during the period he was in America, he would regularly contact the farm by
telephone. During one of these calls Dawie Groenewald alerted the staff on the farm
Prachtig that Nature Conservation Officials may visit the farm in order to do an audit.
252 At that time there were a large number of dehorned rhinoceroses on the farm
Prachtig. Dawie Groenewald then gave instructions that these rhinoceroses be
relocated to John Hume's farm In the North West Province. The instruction was duly
carried out.
wP
I *
J *
MÊ| j |
PP
m
mm
000159
Dawie Groenewald further gave instructions that a housebreaking incident must be
staged on the farm and it be claimed that seventy rhinoceros horns were stolen during
the housebreaking.
^54 Tielman Erasmus fabricated the housebreaking scene by breaking a window in one of
the lodge houses on the farm. Investigation also revealed that couches and
mattresses in the house were cut open. A case of housebreaking was then registered
with the police by Gys du Preez- Musina CAS 402/02/2010 refers. Gys du Preez
submitted an affidavit in which he inter alia states that Sariëtte Groenewald telephoned
him informing him about the housebreaking on the farm, as a result of which he
submitted the said affidavit.
255 I nvestigation further revealed that the housebreaking incident was fabricated and that
no permits were obtained for the possession of any rhinoceros homs on the farm. As a
result of the above mentioned actions charges of fraud, attempting to defeat the ends
of justice and illegal possession of seventy rhinoceros horns were levelled against the
defendants involved in this incident as appears in the indictment in counts 449 to 451.
INCIDENT 36: Count 452 in the indictment involving Nardus Rossouw
256 Marius Kotze the owner of the farm Spektakel, also known as "Rhinoland Safaris",
situated in Lephalale, was in possession of rhinoceros horns on his farm. I attach
hereto an affidavit of Marius Kotze marked "JJ 39".
257 During November 2009 he was contacted by Nardus Rossouw who was interested in
purchasing the said rhinoceros homs and offered Mr Kotze R 35 000-00 per kilogram
for the homs. Marius Kotze told Nardus Rossouw that he was not interested because
his rhinoceros horns were microchipped. Nardus Rossouw informed him that he had a
scanner that can detect the microchips and remove them.
^
*
n
ft
i
m
m
A
OOdi-50
58 Later on Nardus Rossouw contacted Marius Kotze again wishing to buy the horns and
indicated to him that if the authorites made inquiries about the horns he should tell
them that they have been stolen.
259 Nardus Rossouw again contacted Marius Kotze during January 2010 and informed him
that according to his police contacts the situation regarding rhinoceroses was
becoming heated and that he would keep Mr Kotze updated.
260 During March 2010 Nardus Rossouw contacted Marius Kotze again about the
rhinoceros horns and Marius Kotze told Nardus Rossouw that he had moved the horns
to another place for safety.
261 From the above it appears that Nardus Rossouw incited Mantis Kotze to commit the
offence of selling the mentioned horns to him without a valid permit
INCIDENT 37: Count 453 to 470 in the indictment involving Dawie Groenewald, Karel
Toet and Marlza Toet
262 Sometime in January 2010, Jonathan Adriaan Fourie, of the farm Copperfield in
Potchefstroom noticed that one of his white rhino bulls was injured. On investigation it
was found out that the rhinoceros bull had a gunshot wound to its left hind leg. Fourie
was advised by his vet that the animal had to be shot I refer to Fourie's affidavit hereto
marked "JJ 40".
263 According to Fourie, he then spoke to a veterinary surgeon, Douw Gebrandt Grobler,
and arranged that the injured rhinoceros bull be hunted in exchange for two dehorned
•regnant rhinoceros cows. On 14 February 2010 the injured rhinoceros bull was
hunted by one Pieter Andreas van Wyk under permit number O 28867.
HfA/
I
41
i
m
m
m
m
n
i

000161
264 Investigation revealed that on 15 February 2010 Mariza Toet submitted to Leon de
Jager, the Chief Nature Conservator in Musina, an application for a permit to export
two rhinoceros cows from the farm Prachtig to the farm Copperfield. In applying for the
permit Mariza Toet provided the microchip numbers which were inserted into the
rhinoceros horns. This was accepted as a fact by Leon de Jager who then Issued
permit number 011820 in the name of Karel Toet for the export of two rhinoceros cows
from the farm Prachtig to the farm Copperfield.
265 Fourie obtained the necessary permit for the import of the two rhinoceros cows onto
his farm. On 5 March 2010 Fourie received two dehorned rhinoceros cows on his farm.
266 Investigation revealed that Dawie Groenewald, from whose farm the two rhinoceros
cows came, did not have permits for dehorning the two rhinoceros cows nor for the
possession of the horns that were removed from the two rhinoceroses. Since the horns
could not be found, there is no other inference that the said horns were sold in
contravention of NEMBA.
267 It Is submitted that the horns resulting from the illegal dehorning of the said
rhinoceroses, represented proceeds of crime and the further sale of/ trade in.these
horns had the effect of concealing or disguising the nature, source, location,
disposition or movement of the said horns or the ownership thereof or any interest
which anyone may have in respect thereof, or enabled Dawie Groenewald to avoid
prosecution, or to remove or diminish the said horns which were the proceeds of the
commission of a crime.
268 It is submitted that Dawie Groenewald, Mariza Toet and Karel Toet proceeded to
exchange the dehorned rhinoceros cows with Mr JA Fourie while they knew or
reasonably ought to have known that the two rhinoceros cows represented the
proceeds of unlawful activity to wit, the dehorning of the two rhinoceroses without a
valid permit
ÍÍKL VI
VJ
4
I
I
n
I
I
n
HI
(I
n
n
n
n
Pi
000162
269 The transaction with Mr JA Fourie, with the help of Douw Grobler, had the effect of
concealing or disguising the nature, source, location, disposition or movement of the
two dehorned rhinoceros cows or the ownership thereof or any interest which anyone
may have in respect thereof; or enabled Dawie Groenewald, Karel Toet and Mariza
Toet, to avoid prosecution, or to remove or diminish the said property (the two
dehorned rhinoceroses) which were the proceeds of the commission of a crime.
INSIDENT 38: Count 471 to 480 In the indictment involving Dawie Groenewald, Gys
d u Preez, Karel Toet and Mariza Toet
270 Sometime during the beginning of 2010, Jan Walter Slippers, the owner of the farm
Ingogo in Alldays, contacted Dawie Groenewald with the aim of purchasing a
rhinoceros bull from him. As Dawie Groenewald was in the USA, he spoke to Gys du
Preez who informed him that he could sell a dehorned white rhinoceros bull to him for
R200 000-00.
271 They concluded the transaction and Slippers was present when the rhinoceros was
loaded. He confirms that the rhinoceros was dehorned. The required permit was
arranged by Gys du Preez. I refer to an affidavit of Jan Walter Slippers attached
hereto marked "JJ 41".
272 On 12 April 2010 Mariza Toet made an application for the transportation of two
rhinoceros bulls from the farm Prachtig to the farm Ingogo. The application contained
the microchip numbers which were inserted in the horns of the rhinoceros. It is
submitted that this information was submitted fraudulently as the rhinoceros bull
delivered to Slippers, had been dehorned.
973 On 29 April 2010 the Lephalale permit office issued permit number O 14443 in the
name of Karel Toet for the transportation of two rhinoceroses from the farm Prachtig to
the farm Ingogo
• *
• e i
ha
000163
274 Investigation revealed that there were no permits obtained for dehorning the said
rhinoceros bull nor for the possession of the horns that were removed from the
rhinoceros bull. Since the horns could not be found, there is no other Inference that
the said horns were sold in contravention of NEMBA.
275 It is submitted that the horns resulting from the illegal dehorning of the rhinoceros bull,
represented proceeds of crime and the further sale of/ trade in these horns had the
effect of concealing or disguising the nature, source, location, disposition or movement
of the said horns or the ownership thereof or any interest which anyone may have in
respect thereof, or enabled Dawie Groenewald and Gys du Preez to avoid prosecution,
or to remove or diminish the said horns which were the proceeds of the commission of
a crime.
276 The transaction with Mr JW Slippers, which was facilitated by Gys du Preez, had the
effect of concealing or disguising the nature, source, location, disposition or movement
of the dehorned rhinoceros bull or the ownership thereof or any interest which anyone
may have in respect thereof; or enabled Dawie Groenewald, Karel Toet, Mariza Toet
and Gys du Preez, to avoid prosecution, or to remove or diminish the said property
(the dehorned rhinoceros bull) which was the proceeds of the commission of a crime.
IN SI DENT 39 to 41: Count 481 to 734 in the Indictment involving Dawie
Groenewald, Karel Toet and Mariza Toet
277 John Frederick Hume, the owner of various farms in Mpumalanga and North West
Provinces, including the farm Elandslaagte in the North West, concluded three
seperate transactions with Dawie Groenewald. These three transactions are reflected
below in incident 39 to 41.
76
PBai
000164
INCIDENT 39: Count 481 to 594 in the indictment involving Dawie Groenewald, Karel Toet
and Mariza Toet
278 On 5 March 2010 Mariza Toet applied for a permit at the Musina permit office to
export fourteen rhinoceroses from the farm Prachtig to the farm Elandslaagte in
Klerksdorp. In her application she provided microchip numbers which were allegedly
implanted in the horns of the rhinoceroses being transported which implied that the
horns of these rhinoceroses were intact.
279 On 9 March 2010 the Musina permit office issued permit O 11822 in the name of Karel
Toet for the export of the fourteen rhinoceroses from the farm Prachtig to farm the
Elandslaagte in Klerksdorp.
280 Between 19 March 2010 and 24 March 2010 fourteen dehorned rhinoceroses were
delivered on the farm Elandslaagte belonging to John Hume. I attach John Hume's
affidavit marked "JJ 42". Hume confirms that he received fourteen dehorned
rhinoceroses in respect of a debt owed to him. The rhinoceroses were delivered to him
In the amount of R 200 000-00 per rhinoceros.
281 Investigation revealed that there were no permits obtained for dehorning the fourteen
rhinoceroses nor for the possession of the horns that were removed from these
fourteen rhinoceroses. Since the horns could not be found, there Is no other inference
that the said horns were sold in contravention of NEMBA.
282 It Is submitted that the horns resulting from the illegal dehorning of the fourteen
rhinoceroses, represented proceeds of crime and the further sale of/ trade in these
horns had the effect of concealing or disguising the nature, source, location,
disposition or movement of the said horns or the ownership thereof or any Interest
which anyone may have In respect thereof, or enabled Dawie Groenewald to avoid
orosecution, or to remove or diminish the said horns which were the proceeds of the
commission of a crime.
Hi*»
000165
283 The transaction with Mr JF Hume had the effect of concealing or disguising the nature,
source, location, disposition or movement of the two dehorned rhinoceros cows or the
ownership thereof or any interest which anyone may have in respect thereof; or
enabled Dawie Groenewald, Karel Toet and Mariza Toet, to avoid prosecution, or to
remove or diminish the said property (the fourteen dehorned rhinoceroses) which were
the proceeds of the commission of a crime.
INCIDENT 40: Count 595 to 628 in the indictment involving Dawie Groenewald,
Karel Toet and Mariza Toet
284 Marthinus Phillipus Steyl, farming at Steyl Game in Winburg, Free State, spoke to
Mariza Toet in March 2010 in connection with the purchase of seven white rhinoceros
bulls. I refer to his affidavit attached hereto as "J J 43".
285 On 19 March 2010 Mariza Toet made an application for a permit to export 7 young
rhinoceros bulls from the farm Prachtig to Steyl Game. The permit was made in the
name of Karel Toet. In the application, it was indicated that all seven rhinoceroses
had both their horns, and the relevant microchip numbers inserted in the horns, were
supplied.
286 On 26 March 2010 Leon de Jager of the Musina permit office issued permit number O
11830 in the name of Karel Toet for the export of the seven rhinoceros bulls from the
farm Prachtig to Steyl's farm.
287 Four white rhinoceros bulls and a further three rhinoceros bulls were delivered on
Steyl's farm on respectively 15 April 2010 and 29 April 2010. The horns of all seven
these rhinoceros bulls were intact.
288 On 21 April 2010, Mariza Toet made an application for an export permit for the
transportation of four rhinoceros cows from the farm Prachtig to the farm Elandslaagte
of John Hume in Klerksdorp, North West. In this application, Mariza Toet supplied the
78
\\V^
r
000166
microchip numbers inserted in the front horns and bodies of the four rhinoceros cows.
All the microchip numbers supplied in the application (save for one) were the same
microchip numbers supplied in the earlier permit application dated T9 March 2010 in
respect of the rhino bulls delivered to Steyl's farm.
289 Permit number 011838 was issued by Leon de Jager of the Musina permit office on 28
April 2010 in respect of this application in the name of Karel Toet
290 John Hume confirms that four dehorned rhinoceros cows were delivered to his farm
between 29 April 2010 and 5 May 2010 and that the transaction was made for
exchange of buffalo.
291 It is submitted that In supplying the microchips numbers in the permit application,
Dawie Oroenewald, Mariza Toet and Karel Toet, misrepresented to the permit officials
that the rhinoceroses being transported to John Hume's farm had horns while they
knew that the rhinoceroses had been dehorned. They further supplied the same
microchip numbers as the microchip numbers used in the permit application in
respect of the export of the seven rhinoceros bulls from the farm Prachtjg to Marthinus
Phiilipus Steyl's farm.
292 Investigation revealed that there were no permits obtained for dehorning the four
rhinoceros cows nor for the possession of the horns that were removed from these
four rhinoceroses. Since the horns could not be found, there is no other inferenceto be
drawn other than that the said horns were sold in contravention of NEMBA.
293 It is submitted that the horns obtained from the illegal dehorning of the four rhinoceros
cows, represented proceeds of crime and the further sale of/ trade in these horns had
the effect of concealing or disguising the nature, source, location, disposition or
movement of the said horns or the ownership thereof or any interest which anyone
may have in respect thereof, or enabled Dawie Groenewald to avoid prosecution, or to
M\A,
000167
remove or diminish the said horns which were the proceeds Of the commltfion of ft
crime.
2 9 4 T h e
transaction with Mr JF Hume had the effect of conceaflng or ál§§iMfí§ Hhë nator»,
source, location, disposition or movement of the four dehorned rhinoo§ro§ cow» or the
ownership thereof or any Interest which anyone may have In respect thereof; or
enabled Dawle Qroenewald, Karel Toet and Marlza Toot, to ovoid prosecution, or to
remove or diminish the said property (the four dehorned rhinoceros cows) which were
the proceeds of the commission of a crime.
INCIDENT 41: Count 629 to 734 In the indictment Involving Dawift Groenewald, Kerel
Toet and Marlza Toet
295 On 6 May 2010 Marlza Toet made an application for the export of fifteen rhinoceroses
from the farm Prachtig to John Hume's farm Etandsiaagte in Klerksdorp. The
application was directed to Leon de Jager of the Musina permit office and was made in
the name of Karat Toet.
296 According to the said permit application, the rhinoceroses had microchips implanted in
both their horns and on their bodies On 18 May 2010 export permit number O 11882
was issued in the name of Karel Toet (later extended with permit number 011850 and
VM 81/2010).
297 John Hume confirms receiving the fifteen rhinoceros cows on the farm Elandstaagte
on 1 May 2010, 13 May 2010, 11 June 2010, 23 June 2010, 30 June 2010, 12 July
2010 and 21 July 2010 respectively. He states that the transaction was made in order
to pay debt owed to him as well as In exchange of buffalo.
9Q8 According to John Hume, thirteen of the fifteen rhinoceroses were adult cows and two
were calves. He received thirteen adult rhinoceros cows being dehorned while the
two calves had their horns Intact.
«I*
000163
It is submitted that In supplying the microchips numbers in the permit application,
Dawie Groenewald, Mariza Toet and Karel Toet, misrepresented to the permit officials
that the rhinoceroses being transported to John Hume's farm had horns while they
knew that thirteen of the fifteen rhinoceros cows had been dehorned.
300 Investigation revealed that there were no permits obtained for dehorning the thirteen
rhinoceros cows nor for the possession of the horns that were removed from these
rhinoceroses. Since the horns could not be found, there is no other inference that the
said horns were sold in contravention of NEMBA.
301 It is submitted that the horns resulting from the illegal dehorning of the four rhinoceros
cows, represented proceeds of crime and the further sale of/ trade in these horns had
the effect of concealing or disguising the nature, source, location, disposition or
movement of the said horns or the ownership thereof or any interest which anyone
may have in respect thereof, or enabled Dawie Groenewald to avoid prosecution, or to
remove or diminish the said horns which were the proceeds of the commission of a
crime.
302 The transaction with Mr JF Hume had the effect of concealing or disguising the nature,
source location, disposition or movement of the thirteen dehorned rhinoceros cows or
the ownership thereof or any interest which anyone may have in respect thereof; or
enabled Dawie Groenewald, Karel Toet and Mariza Toet, to avoid prosecution, or to
remove or diminish the said property (the thirteen dehorned rhinoceros cows) which
were the proceeds of the commission of a crime.
K\^
000lé9
CIDENT 42: Count 736 t o 768 i n the Indictment involving Dawie Groenewald,
Wartea Toet and Manie du Plessis
303 Sometime during February and March 2010, Farouk Moolla, the owner of the farm
Mooikopje also known as Sebaka in Middleburg, Mpumalanga Province, spoke to
Manie du Plessis about the rhinoceroses on the farm Mooikopje.
304 I refer to an affidavit of Farouk Moolla attached hereto as "JJ 44". Moolla states in the
affidavit that he spoke to Du Plessis about the number of rhinoceroses he had on his
farm. Moolla exchanged two rhinoceros bulls, two rhinoceros cows, two buffalo and
seven sables he had on his farm with Du Plessis for one rhinoceros bull and three
pregnant rhinoceros cows. He states that the four rhinoceroses he supplied had their
horns intact, but the horns were not microchipped. The four rhinoceroses he received
from Du Plessis were dehorned. He states that after the rhinoceroses were delivered
to his farm, Du Plessis gave him loose microchips stating that the chips belonged to
the rhinoceroses that he had delivered. Moolla did not obtain permits for the transport
of the rhinoceroses.
305 On 10 March 2010 Mariza Toet made an application to Leon de Jager for a permit to
import four white rhinoceroses namely three rhinoceros bulls and one rhinoceros cow,
from the farm Mooikopje to the farm Prachtig. The application contained the microchip
numbers Inserted in the rhinoceros horns.
306 On 19 March 2010 Leon de Jager issued permit number O 11826 in the name of Karel
Toet for the Import of the above mentioned rhinoceroses namely three rhinoceros bulls
and one rhinoceros cow from the farm Mooikopje to the farm Prachtig. It Is submitted
that in supplying the microchip numbers in the permit application and stating that the
sex of the four rhinoceroses being imported to the farm Prachtig were three rhinoceros
built and one rhinoceros cow, Dawie Groenewald, Mariza Toet and Manie du Plessis,
N*
n
000170
defrauded the permit office as the horns were not microchipped and two rhinoceros
bulls and two rhinoceros cows were delivered on the farm Prachtig.
307 Mariza Toet also applied for the import and export permit in respect of the four
rhinoceroses moving from the farm Prachtig to the farm Mooikopje.
308 Investigation revealed that there were no permits obtained for dehorning the four
rhinoceroses (one rhinoceros bull and three rhinoderos cows) delivered at the farm
Mooikopje nor for the possession of the horns that were removed from these
rhinoceroses. Since the horns could not be found, there is no other inference to be
drawn other than that the said horns were sold in contravention of NEMBA.
309 It is submitted that the horns obtained from the illegal dehorning of the four
rhinoceroses (one rhinoceros bull and three rhinoceros cows), represented proceeds
of crime and the further sale of/ trade in these horns had the effect of concealing or
disguising the nature, source, location, disposition or movement of the said horns or
the ownership thereof or any interest which anyone may have in respect thereof, or
enabled Dawie Qroenewald to avoid prosecution, or to remove or diminish the said
horns which were the proceeds of the commission of a crime.
310 The transaction with Mr F Moolla had the effect of concealing or disguising the nature,
source, location, disposition or movement of the said four dehorned rhinoceroses or
the ownership thereof or any interest which anyone may have in respect thereof; or
enabled Dawie Groenewald, Manie du Plessis and Mariza Toet, to avoid prosecution,
or to remove or diminish the said property (the four dehorned rhinoceroses) which
were the proceeds of the commission of a crime.
Nfo.
IK
i
00Q171
t NT 43: Count 769 t o 811 In the indictment i nvol vi ng Dawie Groenewald, Karel
o e t
*
M a r
« a Toet and Sariëtte Groenewald
«11 David Stefanus van der Westhuizen is the owner of the farm Klein Rooipoort in
Sunland in the Port Elizabeth area. He wished to buy rhinoceroses for his farm and
informed the veterinary surgeon, Douw Gerbrandt Grobler about this.
312 Sometime in February 2010 Douw Grobler informed David Stefanus van der
Westhuizen that he could obtain dehorned rhinoceroses for him from Dawie
Groenewald. I refer to an affidavit of David Stefanus van der Westhuizen attached
hereto as "JJ 45".
313 David Stefanus van der Westhuizen states that he agreed with Douw Grobler to
purchase four (4) dehorned rhinoceros cows and one (1) dehorned rhinoceros bull.
314 Douw Grobler purchased the four dehorned rhinoceros cows and one dehorned
rhinoceros bull from Valinor Trading for an amount of R 1 094 400-00 and then sold
them to David Stefanus van der Westhuizen for R1 219 800-00.
315 Mariza Toet made an application for a permit for the export of the five rhinoceroses
from the farm Prachtig to the farm Klein Rooipoort The application contained the
microchip numbers inserted in the rhinoceros horns. On 17 March 2010 Leon de Jager
of the Musina permit office issued permit number O 11824 in die name of Karel
Toet.On 16 April 2010 the five dehorned rhinoceroses were delivered to David
Stefanus van der Westhuizen's farm Klein Rooipoort in Port Elizabeth.
316 It is submitted that in supplying the microchips numbers in the permit application,
Dawie Groenewald, Mariza Toet and Karel Toet, misrepresented to the permit officials
that the rhinoceroses being transported to Van der Westhuizen's farm had horns while
they Knew that these rhino had been dehorned.
Niv
êr
o
000172
Investigation revealed that there were no permits obtained for dehominfl the five
rhinoceroses delivered to Van der Westhuizen nor for the possession of the horns that
were removed from the five rhinoceroses. Since the horns could not be found, there is
no other Inference to be drawn other than that the said horns were sold hi
contravention of NEMBA.
318 ft is submitted that receipt of payment of R 1 094 400-00 for the five dehorned
rhinoceroses was the proceeds of unlawful activities as the said rhinoceroses had
been dehorned without the required permit
319 It is submitted that the homs obtained from the illegal dehorning of the five
rhinoceroses (one rhinoceros bull and four rhinoceros cows), represented proceeds of
crime and the further sale of/ trade in these horns had the effect of concealing or
disguising the nature, source, location, disposition or movement of the said homs or
the ownership thereof or any interest which anyone may have In respect thereof, or
enabled Dawie Groenewald to avoid prosecution, or to remove or diminish the said
horns which were the proceeds of the commission of a crime.
320 The transaction with Mr Van der Westhuizen, with the assistance of Douw Grobler, had
the effect of concealing or disguising the nature, source, location, disposition or
movement of the said five dehorned rhinoceroses or the ownership thereof or any
interest which anyone may have in respect thereof; or enabled Dawie Groenewald,
Karel Toet and Mariza Toet, to avoid prosecution, or to remove or diminish the said
property (the five dehorned rhinoceroses) which were the proceeds of the commission
of a crime.
HW
v«^
m
0001 73
T^
A
~ **'
C o u n t
812 to Ran i n the indictment involving Dawie Groenewald, Karel
í ^et andJ/ l ar i zaToet
Reino du Toit, who is the owner of a farm Lutopi in the Hoedspruit area, saw an
advertisement in the Landbou Weekblad magazine, selling two rhinoceroses. I refer to
an affidavit of Reino du Toit as "JJ 46".
o22 On enquiring about the rhinoceroses, he was informed that the rhinoceroses were at a
Musina farm belonging to Dawie Groenewald. He states that he purchased the
rhinoceroses and paid R513 000-00 to KMP Wildlife Trading.
323 On 14 May 2010 Mariza Toet made an application to Leon de Jager of the Musina
permit office, for the transport of the two rhinoceros bulls from the farm Prachtig to the
farm Lutopi.
324 The application contained the microchip numbers implanted in the horns and the
bodies of the rhinoceroses.
325 On 28 May 2010, permit number O 11886 was issued in the name of Karel Toet for the
transportation of the two rhinoceros bulls from the farm Prachtig to the farm Lutopi.
326 According to Reino du Toit, he received two dehorned rhinoceros bulls on the farm
Lutopi.
327 It is submitted that in supplying the microchips numbers in the permit application,
Dawie Groenewald, Mariza Toet and Karel Toet, misrepresented to the permit officials
that the rhinoceroses being transported to Reino du Toit's farm Lutopi had horns white
they knew that these rhinoceroses had been dehorned.
328 Investigation revealed that there were no permits obtained for dehorning the two
rhinoceros bulls delivered to Reino du Toit nor for the possession of the horns that
tK
w
M-4L1
1
n
n
i
i
1
000174
W* tëlHbVëd fltílH ih§ M rhinoceroses. Since the horns could not be found, there It
" BIRSI IRfiFIHll IIIEII Ihg said horns Were sold In contravention of NEMBA.
" I I lUbrttlilsd thai rosolpt df payment of R813 ooo-oo for the two dehorned rhinoceros
Wl l dig proceeds of unlawful activities as the said rhinoceroses had been
Uehuiiietl WlthbUl (he required permit.
»W II l l fUllhei- submitted that the horns resulting from the «legal dehorning of the two
HlllllJUeïUg bulls, represented proceeds of crime and the further sale of/ trade In these
norm hi d the effect of concealing or disguising the nature, source, location,
tillptmltlOrl Of movement of the said home Of the ownership thereof or any Interest
Willi ill anyone may have in respect thereof, or enabled Dawie Oroenewald to «void
|)lt)9fti)Lllluii| Of td remove Of diminish the said home which were the proceeds of the
oornmlHlon of • chine.
81'I The transaction With Mr Du ToH, had the effect of concealing or disguising the nature,
lOUroe, location, disposition or movement of the said two dehorned rhinoceros bulls
0f the ownership thereof or any interest which anyone may have In respect thereof; or
enabled Dawie Oroenewald, Karel Toet and Mariza Toet, to avoid prosecution, or to
ffmova Of diminish the said property (the two dehorned rhinoceros bulla) which were
the piuoeetls Of the commission of a crime.
INC It )l NT 4 i l QftUflt f)'l1 In the indictment involving Dawie Oroenewald
IS? Mario Boholtt, en Environmental Management Inspector together with Riaan de Jager,
1 manager in (he Department of Economic Development and Environmental Affairs
j f
ol
j f|§m, in Limpopo, visited the form Prachtig on 24 March 2010.1 refer to the
affidavits by Mario Scholte attached hereto as "JJ 47".
ri/n,
mmmmimm a
333 Mari 000175
» Scholtz states that they had visited the farm because they wanted to Investigate
e
easibility of the farm to carry one hundred rhinoceros as Dawie Groenewald had
ma e an application to the Kruger National Park for the purchase of one hundred
iNnoceros.
At the time of the inspection Dawie Groenewald was in the USA but Gys du Preez
was present on the farm. It was established during the aerial and ground survey of the
•ami that there were nine dehorned rhinoceros on the farm. It was further established
that there was no grass on the farm and the animals were being fed with lucem.
335 On asking Gys du Preez how the rhinoceros they wished to purchase from the Kruger
National Park would survive in those circumstances, he replied that they had
purchased other farms in the area where they were going to move the rhinoceros.
336 On 28 April 2010 Mario Scholtz states that he was contacted by Hector Magome, the
Director of Conservation Services Department at the Kruger National Park. Hector
Magome informed him that he was contacted by Dawie Groenewald who was upset
because the Kruger National Park would not sell the one hundred rhinoceroses to him.
337 Mario Scholtz states that he later heard from his colleagues that Dawie Groenewald
was going to "fuck him up". He also heard the same allegation threat from the SAPS
organised crime unit members in Polokwane.
338 On 2 June 2010 Dawie Groenewald was at the Skukuza Camp in the Kruger National
Park to look at some rhinoceroses which were to be put up for auction on 5 June
2010.
339 Dawie Groenwald then told Marius Kruger, the Operational Manager at the Kruger
National Park, that "Mario Scholtz and Ken Maggs should be careful because they
were interfering in things that did not concern them and that he was going to "fuck
them up' • I refer to an affidavit of Marius Kruger attached hereto as "JJ 48".
^
000176
cu on tne above mentioned , Dawie Groenewald was charged with intimidation.
T ^ .
T 4 6 : C o u n t 8 3
2 to 849 in the indictment involving Dawie Groenewald, Karel
Toet and Mariza Toet
Leon Adrian Chatlllion de Kock who is the owner of Plettenbergbay Private Game
Reserve agreed to purchase two young rhinoceros bulls from Dawie Groenewald for
the amount of R 150 000-00.1 refer to an affidavit of Leon de Kock attached hereto
as "JJ 49".
342 On 19 March 2010, Mariza Toet made and application to Leon de Jager of the
Musina permit office for the export of the two rhinoceros bulls from the farm Prachtig
to Plettenberg Bay.The application contained the microchip numbers inserted in the
front- and back horns of the rhinoceroses.
343 On 26 March 2010, permit number O 11829 was issued in the name of Karel Toet for
the transport of two rhinoceroses from the farm Prachtig to Plettenberg Bay.
344 However, according to Leon de Kock, two dehorned rhinoceros bulls were delivered
to his property during June 2010.
345 It is submitted that in supplying the microchips numbers in the permit application,
Dawie Groenewald, Mariza Toet and Karel Toet, misrepresented to the permit
officials that the rhinoceroses being exported to Plettenberg Bay had horns while they
knew that these rhinoceroses had been dehorned.
346 Investigation revealed that there were no permits obtained for dehorning the two
rhinoceros bulls delivered to De Kock nor for the possession of the horns that were
removed from the two rhinoceroses. Since the horns could not be found, there is no
other inference that the said horns were sold in contravention of NEMBA.
H^
I
I
I
I
*
i
*
m
000177
urther submitted that the horns resulting from the illegal dehorning of the two
moceros bulls, represented proceeds of crime and the further sale of/trade in these
8
had the effect of concealing or disguising the nature, source, location,
disposition or movement of the said horns or the ownership thereof or any Interest
which anyone may have in respect thereof, or enabled Dawie Groenewald to avoid
prosecution, or to remove or diminish the said horns which were the proceeds of the
commission of a crime.
348 The transaction with Mr De Kock, had the effect of concealing or disguising the
nature, source, location, disposition or movement of the «aid two dehorned
rhinoceros bulls or the ownership thereof or any interest which anyone may have In
respect thereof; or enabled Dawie Groenewald, Karel Toet and Mariza Toet, to avoid
prosecution, or to remove or diminish the said property (the two dehorned rhinoceros
bulls) which were the proceeds of the commission of a crime.
INCIDENT 47 AND 48: Count 850 to 956 in the indictment involving Dawie
Groenewald, Karel Toet and Mariza Toet
349 Johan Kruger is owner Chattaronga Safaris which is based on the farm Concordia in
Alldays, in the Musina district. During the period of October 2009 to June 2010, Johan
Kruger entered into two transactions with Dawie Groenewald reflected in incident 47
and 48 in the indictment. The transactions were for the removal of several
rhinoceroses from the farm Prachtig to the farm Concordia. I refer to an affidavit of
Johan Kruger attached hereto as "JJ 50".
47- (Transaction 1): Count 850 to 883 in the indictment involving Dawie Groenewald,
Karel Toet and Mariza Toet
On 16 September Mariza Toet made an application for the transportation of fifteen
rhinoceroses from the farm Prachtig to Chattaronga Safaris in Alldays. There were
ten rhinoceros cows and five rhinoceros bulls.
90
W
K.
0001^3
On 14 October 2009 Leon de Jager issued permit number O 1180S In the name of
Karel Toet for the capture and transportation of the said fifteen rhinoceroses from tha
farm Prachtig to Chattaronga Safaris.
The permit was Issued subject to special conditions that the local nature conversation
officer, Leon de Jager be notified at least 48 hours prior to the rhinoceroses being
captured and transported and that he should be preearrt when they are eo captured
Karel Toet did not comply with these conditions.
363 According to Johan Kruger, four rhinoceros cows and three rhinoceros bulls were
captured and moved to Chattaronga under permit number O 11805. Among these
there were three dehorned rhinoceros cows and one dehorned rhinoceros bull for
which he paid R 200 000-00 (excluding VAT) for each rhinoceros he received.
Incident 48 (Transaction 2): Count 884 to 956 In the Indictment Involving Dawie Groenewald
and Karel Toet
354 Permit number O 11893 was issued on 11 Junle 2010 by the Musina permit office in
the the name of Karel Toet for the transportation of eleven rhinoceroses from the
farm Prachtig to Chattaronga. There was nine rhinoceros cows and two rhinoceros
bulls.
355 According to Johan Kruger, only seven rhinoceros cows and two rhinoceros bulls
were transported to Chattaronga In terms of permit number O 11893. All nine
rhinoceroses mentioned above were dehorned when they were delivered to
Chattaronga. Johan Kruger paid R 300 000-00 (excluding VAT) for each of four of the
dehorned rhinoceros cows he received and R 200 000-00 (excluding VAT) for each of
the other five dehorned rhinoceroses he received.
356 Investigation revealed that there were no permits obtained for dehorning any of the
thirteen rhinoceroses mentioned above nor for the possession of the horns that w&re
911
^
«MMfel
000179
removed from the said thirteen rhinoceroses. Since the home could not be found,
there It no other inference that the said homs were sold In contravention of NEMBA
357 It is further submitted that the horna resulting from the Illegal dehorning of the thirteen
rhinoceroses mentioned in the two transactions, represented proceeds of crime and
the further sale of/ trade In these horns had the effect of concealing or disguising the
nature, source, location, disposition or movement of the said horns or the ownership
thereof or any Interest which anyone may have In respect thereof, or enabled Dawie
Groenewald to avoid prosecution, or to remove or diminish the said horns which were
the proceeds of the commission of a crime.
358 The transactions with Mr Kruger, had the effect of concealing or disguising the
nature, source, location, disposition or movement of the said thirteen dehorned
rhinoceroses or the ownership thereof or any interest which anyone may have in
respect thereof; or enabled Dawie Groenewald, Karel Toet and Mariza Toet, to avoid
prosecution, or to remove or diminish the said property (the thirteen dehorned
rhinoceroses) which were the proceeds of the commission of a crime.
INCIDENT 49: Count 957 to 967 in the indictment involving Dawie Groenewald, Koos
Pronk and Dewald Gouws
359 Douw Gerbrandt Grobler, a veterinary surgeon based in Port Elizabeth in the Eastern
Cape Province, was involved in a number of transactions with Dawie Groenewald
relating to rhinoceroses. I refer to Douw Gerbrandt Grobler's affidavit attached hereto
as "JJ 51".
360 On 29 June 2010 Douw Gerbrandt Grobler went to the farm Prachtig to attend to
Dawie Groenewald's rhinoceroses and buffalos. Koos Pronk and Dewald Gouws
were present and the latter flew the helicopter used in the operation.
I
000180
Grobler states that on the day there was a rhinoceros bull he treated because It had
injured its horn. He states that he had to remove the horn for medical reason» as it
was badly damaged. Another rhinoceros cow, marked 738, was heavily pregnant and
Dawie Groenewald wanted to keep her on the farm. Dawie Groenewald had the
rhinoceros cow dehorned by Koos Pronk.
362 Investigation revealed that there were no permits obtained for dehorning the said
rhinoceros cow nor for the possession of the horns that were removed from the
rhinoceroses cow or for the possession of the horn removed for medical reasons.
Since the horns could not be found, there is no other Inference to be drawn other
than that the said horns were sold in contravention of NEMBA.
363 It is submitted that the horns obtained from the illegal dehorning of the rhinoceros
cow as well as the receipt and possession of the rhinoceros hom which was removed
due to medical reasons, represented proceeds of crime and the further sale of/ trade
in these horns had the effect of concealing or disguising the nature, source, location,
disposition or movement of the said horns or the ownership thereof or any interest
which anyone may have in respect thereof, or enabled Dawie Groenewald to avoid
prosecution, or to remove or diminish the said horns which were the proceeds of the
commission of a crime.
INCIDENT 50: Count 968 i n the indictment involving Koos Pronk
-3R4 Jan Gerhardus de Beer is the owner of the farm Corma situated in the Roedtan district,
Mokopane. Sometime during July 2010 Jan Gerhardus de Beer was approached by
Koos Pronk who enquired whether he wanted to have his rhinoceroses dehorned. I
refer to De Beer's affidavit attached hereto as "JJ 52".
N^
000131
He states that Koos Pronk informed him that he worked with Or Kerel Toet from
Nylstroom. Koos Pronk further informed Jan Gerhardue de Beer that he would collect
the horns from the farm and that he had a good market for rhinoceros home.
366 De Beer states that he declined the offer and informed the said Koos Pronk that the
dehorning of rhinoceroses was illegal. He states that Koos Pronk continually called him
requesting that he send him photographs of the rhinoceros bull and specifically photos
of the horns. Koos Pronk further told him that he has dehorned rhinoceroses
belonging to Mr Johan van Zyl (De Beer's neighbour) and sold the horns.
367 Through his actions Koos Pronk incited Jan Gerhardue de Beer to dehorn his
rhinoceroses and to sell the horns while he (Koos Pronk) knew that the dehorning of
rhinoceroses without a valid permit and the trade in rhinoceros home, were illegal.
INCIDENT 61 AND 62: Count 969 to 994 in the indictment involving Dawie Groenewld,
Karel Toet and Mariza Toet
368 The Naledi Municipality in Vryburg in the North West Province took a resolution to
exchange one of the rhinoceros buds at the Leon Taljaard Nature Reserve in Vryburg
for two dehorned rhinoceros bulls. Francois Alwyn Smit, the executive manager of the
Naledi Municipality represented the municipality during the transaction.
369 Douw Gerbrandt Grobler, a veterinary surgeon, assisted Francois Alwyn Smit during
this transaction whereby the rhinoceros bull with horns intact was exchanged for two
dehorned rhinoceros bulls belonging to Dawie Groenewald.
370 I refer to an affidavit of Catharlna de Jager, a farmer in the Vryburg district, attached
hereto as "JJ 63". She confirms that Douw Grobler arranged that one of the
rhinoceros bulls of the Leon Taljaard Nature Reserve be exchanged for two dehorned
rhinoceros bulls. She further states that she arranged the permits for the rhinoceros to
W
I
I
I
I
I
ft
1
m
m
000192
be delivered to Mr Groenewald and that Mariza Toet arranged the txport and Import
permits for the two dehorned rhinoceroses.
On 1 June 2010 Mariza Toet made an application for an export permit for the
transportation of the two rhinoceros bulls from the farm Prachtlg to the Leon Taljaard
Nature Reserve. The application was made in the name of Karel Toet, Permit numbar
VM 107/2010 was issued on 22 June 2010 in the name of Karel Toat.
372 Mariza Toet also applied for the Import permit on 4 June 2010 for tha Import of the two
rhinoceros bulls to the Leon Taljaard Nature Reserve from the farm Prachtig. Permit
number O 21368 was issued on 15 June 2010 In the name of Karel Toet.
373 In both the above mentioned applications, it was indicated that the two rhinoceros
bulls from the farm Prachtig had microchips Inplanted in their horns as well as the
bodies as follows:
373.1 BulM:
Front horn: 4B 7F 7C 5939
Back horn: 4B 7F 6D 4757
Body: 4B 7F 73 2367356.2
373.2 Bull 2:
Front horn: 4B7F 70 124A
Back horn: 4A 0C 5A 5B0E
Body: 4A 73 43 7C66;
-Í74 On 14 July 2010 the two dehorned rhinoceros bulla were delivered at the Leon
Taljaard Nature Reserve.
\WA
1
1
m
m
m
7 5
On the arrest of Dawie Groanewald on 20 September 2010, a dehorned wfête
rhinoceros bull was found on the term Prechtig which had flit tame microchip
number in its body as one of the mlerochlp numbers listed In the above wantoned
two applications for permits. According to the application for en «port and for an
Import permit mentioned above, a rhinoceros with microchip number 46 7F 73 2307
was transported from the farm Praohtig to the Laon ItÊ^má Nature Reserve.
376 It is submitted that In supplying the microchip numbere in the permit appfccation,
Dawie Groenewald, Mariza Toet and Kara! Tost, misrepresented to the perm»
officiate that the two rhlnooarot bulls being exported to the Laon Tafpard Nature
Reserve had horns while they Knew that these rhinoceroses had been dehorned and
that one of the rhlnooeroi bulls was In fact not transported to the Leon Taejaard
Nature Reserve but remained on the farm Praehtig,
377 Investigation revealed that no permits were obtained for dehorning the two ihEnooe-cs
bulls that were transported from the farm Praehtig to the Leon Taljaard Nature Reserve
nor for the dehorning of the rhinoceros that was found on the farm Praehtig on 20
September 2010 whloh had the mloroohlp number refered to above in its body. No
permits were obtained for the possession of any of these rhinoceros horns.
378 None of these horns were found on the farm Praehtig on 20 September 2010. There
Is no other inference to be drawn other than that the rhinoceros horns were sold in
contravention of NEMBA.
379 It Is further submitted that the horns resulting from the illegal dehorning of the two
rhinoceros bulls delivered to the Leon Taljaard Nature Reserve as well as the illegal
dehorning of the rhinoceros bull remaining o the farm Praehtig, represented proceeds
of crime and the further sale of/ trade in these home had the effect of concealing or
disguising the nature, source, location, disposition or movement of the said horns or
the ownership thereof or any Interest which anyone may have in respect thereo)
NrA.
OO0Í84
enabled Dáwie Groenewald to avoid prosecution, or to remove or diminish the said
horns which were the proceeds of the commission of a crime.
The transaction with Mr FA Smlt, had the effect of concealing or disguising the nature,
source, location, disposition or movement of the said two dehorned rhinoceros bulls or
the ownership thereof or any Interest which anyone may have in respect thereof; or
enabled Dawie Groenewald, Karel Toet and Marlza Toet, to avoid prosecution, or to
remove or diminish the said property (the two dehorned rhinoceros bulls) which were
the proceeds of the commission of a crime.
INCIDENT 83 TO 55: Count 995 to 1071 in the indictment involving Dawie
Groenewald, Karel Toet, Marlza Toet and Sariëtte Groenewald
381 Pieter Ignatius Lourens du Plessis who is the owner of the farm Hampton situated in
Thabazimbi in Limpopo Province received rhinoceroses from the farm Prachtig on two
occasions. The transactions relating thereto are dealt with below in incident 53 and 54
relating to the first transaction and incident 55 relating to the second transaction:
Incident 53 and 54 (Transaction 1): Count 995 to 1053 in the indictment involving Dawie
Groenewald, Karel Toet, Mariza Toet and Sariëtte Groenewald
382 Sometime in July 2010, Pieter Ignatius Lourens du Plessis purchased five white
rhinoceroses (two rhinoceros bulls and three rhinoceros cows) from Dawie
Groenewald. I refer to an affidavit of Pieter Ignatius Lourens du Plessis attached
hereto as "JJ 54".On 22 July 2010 Mariza Toet made an application to Gerhard de
Beer of the Modimolle permit office for the transportion of the five rhinoceroses from
the farm Prachtig to the farm Hampton. The application was made in the name of K
Toet.
In the application she provided microchip numbers that were supposedly in the front
nd back horns as well as on the bodies of the five rhinoceroses as follows:
NrA,
i n
oo
o
o
o
CO
^~

CO
co
•ha
<
UL
CD
LI
o
m
C
<
co
CD
u_
CO
i l l
<«•
u.
m
o
0
(9
O
a.
o
CD
•o
O
r--
m
o
CD
a
CD
co
CD
CO
co
r^
Ul
m
LL
m
o
0
<
<
•o
CO
-M-
O
t i .
m
o
0
to
O
a.
<
a>
Ul
I D
LL.
r*-
m
O
m
o
O
CO
CO
CO
CO
<
o
co
CM
a
i O
u.
r-
m
•M-
LI
o
0
<
CO
•«-
CO
<
I O
LJ
O
B
CD
CO
CO
•f
Q
•O
u.
m
>.
Q
CO
CO
CO
1
1»-
•o
LL
CO
o
<
CO
CM

u.

m
O
0
o
CD
CD
Ui
T
UL
m
CO
•a
si CO
CO
CM
o
o
<
«3
o
<
O
Ul
CD
O
*—
»
"Si
O
* * m B KESB
000136
Body:
4B 7F 5D 7266
4
On 29 July 20101 permit number OWM 730/2010 for the transportation of five white
rhinoceroses was issued by the Modimolle permit office in the name of Karel Toet
On 28 July 2010 the five rhinoceroses were delivered to farm Hampton of which one
rhinoceros bull and one rhinoceros cow were dehorned. Mr PIL du Plessis paid the
amount of R 969 000-00 to Valinor Trading for the five rhinoceroses. It Is submitted
that receipt of the payment for the two dehorned rhinoceroses (included in the amount
of R 969 000-00) to Sariëtte Groenewald, amounts to receiving the proceeds of
unlawful activities.
386 It is submitted that in supplying the microchip numbers in the permit application, Dawie
Groenewald, Mariza Toet and Karel Toet, misrepresented to the permit officials that all
the rhinoceroses being transported to Mr Du Plessis had horns while they knew that
two if these rhinoceroses had been dehorned.
387 Furthermore, after Dawie Groenewald's arrest on 20 September 2010, five dehorned
white rhinoceros bulls were found on the farm Prachtig, each with one of the microchip
numbers listed above inserted hi their respective bodies.
388 The microchip numbers found in the five rhinoceros bulls on the farm Prachtig were as
follows:
388.1 4B7F4C4560;
388.2 4B7F4D435A;
388.3 4B7F5D4336;
388.4 4B 7F 57 1A64; and
\f
I
I
I
I
t
n
m
m
000137
n
PI
*i
Él

388 6 4B7F4E766D.
Investigation revealed that no permits were obtained for dehorning the rhinoceros bull
and the rhinoceros cow delivered to Mr Du Plessis nor for the dehomign of the five
rhinoceroses found on the farm Prachtig on 20 September 2010. No permits were
obtained tor the possession of any of these horns which were removed from these
rhinoceroses. Since none of these horns could be found, there is no other inference
that the horns were sold in contravention of NEMBA.
390 It Is further submitted that the horns resulting from the illegal dehorning of the two
rhinoceroses delivered to Mr Ou Plessis as well as the illegal dehorning of the five
rhinoceros bulls found on the farm Prachtig, represented proceeds of crime and the
further sale of/ trade In these home had the effect of concealing or disguising the
nature, source, location, disposition or movement of the said horns or the ownership
thfroof or any interest which anyone may have in respect thereof, or enabled Dawie
Oroenewald to avoid prosecution, or to remove or diminish the said horns which were
the proceeds of the commission of a crime.
361 The transaction with Mr Ou Plessis, had the effect of concealing or disguising the
ntlUiW, source, location, disposition or movement of the said two dehorned
rhinoceroses or the ownership thereof or any interest which anyone may have in
respect thereof; or enabled Dawie Groenewaid, Karel Toet and Mariza Toet, to avoid
prosecution, or to remove or diminish the said property (the two dehorned
rhinoceroses) which were the proceeds of the commission of a crime.
i «Mi nt 58 (Transaction 2); Count 1054 to 1071 in the i ndi ctment i nvol vi ng Dawie
Groonowal d and SarUKte Groenewai d
362 During the month of August 2010, Pieter Ignatius Lourens du Plessis purchased
another two white rhinoceroses from Vafinor Trading. Pieter Ignatius Lourens du
^(w
I
I
I
I*
ft
n
n
n
n
n
art
* l
000183
lessis received two dehorned rhinoceros cows on his farm on 6 August 2010. He paid
56
0 0 0
- °
0
to Valinor Trading for the two rhinoceroses. It is submitted that Sariëtte
Groenewald received the payment for the two dehorned rhinoceroses, such payment
being the proceeds of unlawful activities.
393 Investigation revealed that no permits were obtained for dehorning the two
rhinoceros cows that were transported from the farm Prachtig to the farm Hampton nor
for the possession of the rhinoceros homs removed from these two rhinoceros cows.
394 Since the homs were not found on the farm Prachtig on 20 September 2010, there is
no other inference that the rhinoceros homs were sold by Dawid Groenewald
incontravention of NEMBA.
395 It is submitted that the homs resulting from the illegal dehorning of the two rhinoceros
cows delivered to Mr Du Plessis, represented proceeds of crime and the further sale
of/ trade in these homs had the effect of concealing or disguising the nature, source,
location, disposition or movement of the said homs or the ownership thereof or any
interest which anyone may have in respect thereof, or enabled Dawie Groenewald to
avoid prosecution, or to remove or diminish the said homs which were the proceeds of
the commission of a crime.
396 The transaction in August 2010 with Mr Du Plessis, had the effect of concealing or
disguising the nature, source, location, disposition or movement of the said two
dehorned rhinoceros cows or the ownership thereof or any interest which anyone may
have in respect thereof; or enabled Dawie Groenewald to avoid prosecution, or to
remove or diminish the said property (the two dehorned rhinoceros cows) which were
the proceeds of the commission of a crime.
\\h
H
I
I
I
ft
m
m
n
n
000\39
DENT 56: Count 1072 to 1081 In the Indictment Involving Dawie Groenewald,
* ™ Toet and Merita Toet
Nlcolaas Johannes Grobbelaar la the owner of the farm Kameelfontein situated In
Lephalale In the Limpopo Province. Sometime In June 2010 Grobbelaar decided to sell
wo of his white rhinoceroses namely a rhinoceros bull and a rhinoceros cow, with their
home Intact. I refer to an affidavit of Nlcolaas Johannes Grobbelaar attached hereto as
M4 68".
398 According to Nicolaas Johannes Grobbelaar, he Intended selling his rhinoceroses at
an auction on 25 June 2010. He states that on 24 June 2010 Manie du Plessis
attended to the capturing of the two rhinoceroses for the transportation to the auction.
399 Before the auction Grobbelaar was contacted by Dawie Groenewald who offered to
buy the two rhinoceroses, but he declined the offer. He states that on the morning of
the auction he found that the rhinoceros cow was lame. He however did not remove
the rhinoceros cow from the auction. At the auction the rhinoceros bull was bought but
not the rhinoceros cow.
400 After the auction Grobbelaar was contacted by Dawie Groenewald who Informed him
that he will take over the risk of the lame rhinoceros cow and will in exchange deliver a
dehorned rhinoceros bull to him. Nicolaas Johannes Grobbelaar accepted the offer.
401 On 2 July 2010, Mariza Toet made an application at the Lephalale permit office for the
transport of one white rhinoceros bull from the farm Prachtig to the farm
Kameelfontein. The application was made in the name of K Toet. The application
contained the microchip numbers inserted in the horns and body of the rhinoceros bull.
._„ Q- 20 July 2010 permit number OWL 00639 was issued by the Lephalale permit office
In the name of K Toet for the transportation of one white rhinoceros' bull from the farm
Prachtig to the farm Kameelfontein.
I
^\ Tvv
a 02
m
m
m
000190
According to Nícolaas Johannes Grobbelaar, one dehorned rhinoceros bull was
delivered on his farm about three weeks later.
It is submitted that In supplying the microchip numbers in the permit application, Dawie
Groenewald, Mariza Toet and Karel Toet, misrepresented to the permit officials that
the rhinoceros bull being transported to Mr Grobbelaar had horns while they knew that
thli rhlnoceors bull had been dehorned.
405 investigation revealed that there were no permits obtained for dehorning the said
rhinoceros bull nor for the possession of the horns that were removed from the above
mentioned rhinoceros bull. Since the horns could not be found, there is no other
inference to be drawn other than that the said horns were sold in contravention of
NEMBA.
406 It is submitted that the horns obtained from the illegal dehorning of the rhinoceros butt
delivered to Mr Grobbelaar, represented proceeds of crime and the further sale of/
trade in these horns had the effect of concealing or disguising the nature, source,
location, disposition or movement of the said horns or the ownership thereof or any
Interest which anyone may have in respect thereof, or enabled Dawie Groenewald to
avoid prosecution, or to remove or diminish the said horns which were the proceeds
of the commission of a crime.
407 The transaction with Mr Grobbelaar, had the effect of concealing or disguising the
nature, source, location, disposition or movement of the said dehorned rhinoceros bull
or the ownership thereof or any interest which anyone may have in respect thereof; or
enabled Dawie Groenewald, Karel Toet and Mariza Toet to avoid prosecution, or to
remove or diminish the said property (the dehorned rhinoceros bull) which was the
proceeds of the commission of a crime.
\ih
000191
DENT 67: Count 1082 In the Indictment Involving. Diwle Qroenewald, Kartl
«o«t and Mariza Toet
On 20 Augustus 2010 Mariza Toet made an application to the Modimolle permit office
for the transport of two white rhinoceroses (a rhinoceros bull end a rhlnooeros cow)
from the farm Smallpad In Rondeberg, belonging to one JL Planter, to the farm
Prachtig, The application was made In the name of K Toet.
409 On 24 August 2010 the Modimolle permit office Issued permit number OWM 873/2010
in the name of Karel Toet for the transportation of two white rhlnooeros bulls from the
farm Smallpad to the farm Prachtig.
410 Investigation revealed that Mr JL Plenaar does not know Dawie Qroenewald and he
never sold rhinoceroses in 2010.1 refer to JL Pienaar's affidavit attaohed hereto as "JJ
86". It is submitted that the application for this permit was therefore doen fraudulently.
INCIDENT 68: Count 1083 In the Indictment Involving Dawic Qroenewald, Karel Toet
and Mariza Toet
411 On 24 Augustus 2010 Mariza Toet made an application to Leon do Jager of the
Musina permit office for the import of two white rhinoceros cows and a white
rhinoceros bull from the farm Vrede in Vryburg, North West Province, belonging to FJP
du Tolt to the farm Prachtig. Another permit application was made by Mariza Toet to
the Vryburg permit office for the export of the same animals. Both applications were
made in Karel Toet's name.
412 On 26 August 2010 the Vryburg permit office issued permit number VM 171/2010 In
the name of Karel Toet for the import of two rhinoceros cows and one rhinoceros bull
to the farm Prachtig from the farm Vrede.
MV^
m
000^2
n 1 September 2010 an export permit number O 21779 was issued In the niftie of
el ""oet f °
r
the export of two rhinoceros cows and one rhinoceros bull from the firm
Vrede to the farm Prachtig.
On Investigation of this transaction it was determined thai the permit wf • fraudulently
applied for. It was established that there was never a transcatlon bttween FJP du Tort
and Dawid Groenewald and/or Karel Toet. I refer to FJP du Tolt's affidavit attached
hereto as "JJ 57". According to FJP du Tolt he did not sell any rhlnooeroe In Auguit
2010 to Dawie Groenewald and he Indeed never sold any rhlnocoroses In 2010.
INCIDENT 59: Count 1084 to 1091 In the indictment Involving Dawie
Groenewal d
415 The Sabie Sand Nature Reserve in Mpumalanga decided to sell eleven of tholr white
rhinoceroses. I refer to an affidavit of Michael Robert Grover attaohed hereto marked
«JJ 68".
416 Grovar is the nature conservation officer at the Sabie Sand Nature Reserve, As part Of
his responsibilities ha was responsible with making applications for permits when
animals are moved from the Reserve. According to Grover the rhinoceroses were sold
to Dr Douw Gebrandt Grobler and the latter handled the transaction.
417 Grover then made the necessary application for a permit to transport the eleven
rhinoceroses from Sabie Sand. He states that the rhinoceroses were to be transported
to Dawie Groenewald of the farm Prachtig. On 13 May 2009 Mpumalanga permit
number MPB 12289 was issued for the export of eleven rhlcoceroses from Sabie
Sands to the farm Prachtig.
g Q n 7
|\/|
a
y 2009, the company Trophy Solutions (on behalf of Umpopo Wildlife
Consultants) made an application to the Musina permit office for the Import permit of
Nto*
000193
8
^noceroses to the farm Prachtig. Permit 015204 was issued in the name of Karel
Toot on 13 May 2009 for this purpose.
Douw Gerbrandt Grobler paid the purchase price of R 1 588 184-00 to Sabie Sand
Reserve for the purchase of nine rhinoceroses.
Douw Gerbrandt Grobler then sold the nine rhinoceroses to Valinor Trading for an
amount of R 2 790 000-00.
421 According to Graver, the nine rhinoceros bulls were captured by Douw Gerbrandt
Grobler during the period between 18 May 2009 and 22 May 2009, and he recorded
the microchip numbers which were present in the horns as well as the length of the
horns.
422 One of the rhinoceros bulls was marked with the following microchip numbers:
422,1 Front horn: 4A 4F 2C 6F52;
422.2 Back horn 4A 4E 2B 2B2A;
422.3 Body:
4A 25 03 4246
423 The rhinoceros with the above mentioned microchip numbers had its anterior horn
measuring 20 inches and the posterior horn measuring 8 inches.
424 On 20 September 2010 a dehomed rhinoceros bull marked with microchip number 4A
25 03 4246 in its body (the same microchip number as of the rhinoceros bull referred
above) was found on the farm Prachtig.
425 Investigation revealed that there were no permits obtained for dehorning the said
rhinoceros bull nor for the possession of the horns that were removed from the said
rhinoceros bull. Since the horns could not be found, there is no other inference that
the said horns were sold in contravention of NEMBA
liW
K
I
I
m
000194
it is submitted that the horns resulting from the Illegal dehorning of the rhinoceros bull
received on the farm Prachtig from the Sabie Sand Nature Reserve, represented
proceeds of crime and the further sale of/ trade In these horns had the effect of
concealing or disguising the nature, source, location, disposition or movement of the
said horns or the ownership thereof or any interest which anyone may have In
respect thereof, or enabled Dawie Groenewald to avoid prosecution, or to remove or
diminish the said horns which were the proceeds of the commission of a orlme.
INCIDENT 60: Count 1092 to 1099 i n t he i ndi ctment Invol vi ng Dawie Groenewal d
427 On 8 May 2009 a public game auction was held in Kimberiey. Among the animals
there were fifteen white rhinoceroses that were being offered for sale by the Kruger
National Park.
428 Suzette Saayman was registered at the auction representing Dawie Groenewald and
she bid for lot number 22 on behalf of Dawie Groenewald.
429 The purchase price of R 387 600-00 was paid to Kruger National Park on 15 May
2009 by Sariëtte Groenewald on behalf of Valinor Trading.
430 On 13 May 2009 the Musina permit office issued permit number O 15205 in the name
of Dawie Groenewald for the import of one rhinoceros bull from Kruger National Park
to the farm Prachtig.
431 On 18 May 2009 the Mpumalanga Tounsm and Parks Board issued permit number
MPB12294 in the name of Karel Toet for the export of one white rhinoceros bull from
Kruger National Park to the farm Prachtig.416.
432 The said rhinoceros bull was marked with microchips by the Kruger National Park
before it was transported to the farm Prachtig as follows:
4321 Front horn
4A5A79140C;
107 \ flh^,
I
000195
4 3 2 . 2 B a c k
horn: 4A 6A 3B 6220;
432.3 Behind the right ear: 4A 58 8E 1488;
The rhinoceros bull with horns Intact and marked with a microchip number 4A 58 6E
1468 behind the right ear was received on the farm Prachtlg by Dawie Groenewald
on 21 May 2009.
434 On 20 September 2010 a dehorned rhlnoceroe bull marked with microchip number
4A 58 6E1468 behind Its ear was found on the farm Prachtig.
435 Investigations revealed that there were no permits obtained for dehorning the said
rhinoceros bull nor for the possession of the horns that were removed from the said
rhinoceros bull. Since the horns could not be found, there is no other inference to be
drawn other than that the said horns were sold in contravention of NEMBA.
436 It is submitted that the horns obtained from the illegal dehorning of the rhinoceros bull
received on the farm Prachtlg from the Kruger National Park, represented proceeds
of crime and the further sale of/ trade In these horns had the effect of concealing or
disguising the nature, source, location, disposition or movement of the said horns or
the ownership thereof or any interest which anyone may have in respect thereof, or
enabled Dawie Groenewald to avoid prosecution, or to remove or diminish the said
home which were the proceeds of the commission of a crime.
INCIDENT 61: Count 1100 to 1127 In the Indictment Involving Dawie
Groenewald
._
7 0 n
.J2 March 2009 SanParks received applications from both Dawie Groenewald and
Karel Toet to purchase white rhinoceroses from the Kruger National Park.
108
N/H
4 3 8 B
°t h applications
000196
were approved by SanParks in that each of them could purchase
en ^
6
rhinoceroses (ten rhinoceros bulls and nine rhinoceros cows) from the
Kruger National Park.
On 19 May 2009 Dawie Groenewald concluded a contract with SanParks whlls Karel
Toet concluded a contract with SanParks on 15 May 2009.
Marius Kruger of the Kruger National Park made the application to the Mpumalanga
Tourism and Parks Board for the export permit of the rhinoceroses from the Kruger
National Park to the farm Prachtig.
441 Permit with numbers MPB 12293, MPB 12319 and MPB 12319/2 were issued In the
name of K Toet to export the above mentioned rhinoceroses from the Kruger National
Park to the farm Prachtig.
442 The Musina permit office also issued import permits with numbers O 15206, O 15218
and O 13409 for the above mentioned rhinoceroses, also in the name of Karel Toet.
The above-mentioned rhinoceroses were marked with microchips by the Kruger
National Park before they were transported to the farm Prachtig.
443 in particular, three rhinoceros bulls and one-heifer were marked with microchips as
follows:
443.1 Bull 1:
Front horn: 4A 681E 2128
Back horn: 4A662C470A
Body:
4A 633E 673A
443.2 Bull 2:
N>
109
m
I
I
I
1
13
I
il
M
In
I
ii
0
0
000197
Front horn. 4A684B151
Back horn: 4A 6A614D00
Body:
4A6B3F1D52
Rear body: 4A 5E4C 3430
443.3 Bull 3 (Calf):
Front hom : 4A 6661 7D2B
Back horn : 4A 5E39 394D
Body:
443.4 Heifer
4A 4430 1429
Front horn: 45 6A47 2C65
444 Rhinoceros bull marked with microchip number 4A 633E 673A in its body had an
anterior horn measuring 55, 5 cm and a posterior hom measuring 26 cm.
445 Rhinoceros bull calf marked with micro-chip number 4A 4430 1429 in its body had an
anterior horn measuring 35 cm and a posterior hom measuring 8 cm.
446 These two rhinoceroses were delivered on the farm Prachtig on 18 June 2009 and
were received by Dawie Groenewald.
447 The above mentioned rhinoceros bull marked with micro-chip number 4A 6B3F1D52
in its body was delivered to the farm Prachtig on 24 July 2009 and was received by
Dawie Groenewald. Thi* rhinoceros had an anterior hom measuring 44 cm and a
posterior hom measuring 12 cm when it was delivered on 24 July 2009.
hfo
110
*
1*
*
*
m
* *
448 Th
no
449 TH
,\ T J
I M3
450
" OTí S be
000193
er marked with micro-chip number 45 6A47 2C65 In its body had sn anterior
unng 26 cm and a posterior horn measuring 5 cm when it was delivered to
rachtig on 30 Julie 2009 and was received by Dawie Groenewald.
chase price for these rhinoceroses was paid by Vallnor Trading to the Kruger
il Park.
u n e
2010 a Mr. Tuan Hung Tran was arrested at O R Tambo international
Gauteng, in possession of seven rhinoceros horns including the front and back
elonging to the above mentioned rhinoceros calf and the front horn belonging
above mentioned heifer and containg the following respective microchip
number
450.1 4A 6661 7D2B,
450.2 4A5E38 394D.
450.3 •5 5A472C65.
451 A case docket OR Tambo CAS 101/672010 was registered, On 3 February 2012 Mr
TH Tran pleaded guilty in terms of Section 112 of the Criminal Procedure Act, Act 51
of 1977 to the illegal possession of the mentioned horns as well as customs and
excise offences. He will be sentenced on 2 May 2012.
452 On 20 September 2010 two dehorned rhinoceros bulls bearing the microchip
numbers 4A 633E 673A and 4A 6B3F 1D52 respectively in their bodies were found
on the farm Prachtig.
ASS investigation revealed that there were no permits obtained for dehorning the above
mentioned four rhinoceroses nor for the possession of the home that were removed
«am the said four rhinoceroses. In all probability the horns of the rhino bullcalf and
harfer were sold by Dawie Groenewald to Mr. Tuan Hung Tran in contravention of
i l l
H(u
i
>.Ji 7 7
NEMBA and since the other horns of the two dehorned rhinoceros bulls could not be
found, there is no other inference that these horns were also sold in contravention of
NEMBA.
454 It is submitted that the homs resulting from the illegal dehorning of the above
mentioned four rhinoceroses received on the farm Prachtig from the Kruge' Nato' a
Park, represented proceeds of crime and the further sale of/ trade in these homs had
the effect of concealing or disguising the nature, source, location, disposition or
movement of the said homs or the ownership thereof or any interest which anyone
may have in respect thereof, or enabled Dawie Groenewald to avoid prosecution, or to
remove or diminish the said homs which were the proceeds of the commission of a
cnme.
INCIDENT 62: Count 1128 to 1136 in the indictment involving Dawie
Groenewald and Karel Toet
455 Sometime in September 2009 an auction was held at Pretoria and Dawie Groenewald
purchased two white rhinoceros bulls from the Kruger National Park.
456 The purchase price of R 843 600-00 was paid to the Kruger National Park by Valinor
Trading on 21 September 2009.
457 Permit number MPB 12391 was issued by the Mpumalanga Tourism and Parks Board
In the name of K Toet for the export of the abovementioned two rhinoceros bulls from
the Kruger National Park to the farm Prachtig.
458 Permit number O 11801 was issued by the Musina permit office in the name of K Toet
for the import of the abovementioned rhinoceros from the Kruger National Park to the
fi rm Prachtig.
NIK
ii
0*
^ssssssz
000200
ermit number O 11801 was issued subject to a condition that the local nature
conservator be notified at least 48 hours prior to the rhinoceroses being offloaded and
that he must be present during the offloading of the rhinoceroses. Karei Toet did not
comply with the mentioned condition.
460 Before the rhinoceroses were transported from the Kruger National Park to the farm
Prachtig, they were marked with microchips. In particular, one of the abovementioned
rhinoceros bulls was marked as follows:
Front horn: 4A 4A34 4403
Back horn: 4A 586E 1917
Behind the right ear. 45 375B 695F;
461 The two rhinoceroses were delivered on the farm Prachtig on 1 October 2009 and
their horns were intact
462 On 20 September 2010 a dehorned rhinoceros bull marked with micro-chip number 45
375B 695F behind its right ear was found on the farm Prachtig. This rhicnoceros is the
same one that was purchased from the Kruger National Park with it horns intact.
463 Investigation revealed that no permits were obtained for dehorning the said rhinoceros
bull nor for the possession of the horns that were removed from the said rhinoceros
bull. Since the horns could not be found, there is no other inference to be drawn other
than that the said horns were sold in contravention of NEMBA.
464 ft is submitted that the horns obtained from the illegal dehorning of the above
mentioned rhinoceros bull received on the farm Prachtig from the Kruger National
Park, represented proceeds of crime and the further sale of/ trade in these horns had
the effect of concealing or disguising the nature, source, location, disposition or
movement of the said horns or the ownership thereof or any interest which anyon
N/w
m
ma 00020!
y ave In respect thereof, or enabled Dawie Groenewald to avoid prosecution, or to
e o r
Q'nilnlsh the said home which were the proceeds of the commission of a
crime.
NT 63: Count 1137 to 1146 In the indictment involving Dawie Groenewald and
Karel Toet
6 5 Joha
nnes Jacobus van der Weethuizen is a wild game farmer at "Letsatsi La Africa
Wild Animal and Predator Park" In the Free State Province. I refer to hie affidavit
attached hereto as "JJ 59".
466 8ometime In 2009 he acted as a middleman in a transaction for the purchase of two
rhinoceroses from Leon de Kock in Plettenberg Bay which he then resold to
DawieGroenewald. He states that on 20 October 2009 he was at Plettenberg Bay
Game Reserve together with a number of people including Leon de Kock (the seller)
and Dawie Groenewald, where the transaction for the purchase of the two rhinoceros
bulls was concluded. He states that microchips were inserted in the rhinoceroses and
they were marked as follows:
466.1 BulM:
Front horn: 4A 381 4365F
Back horn: 4A 335 86B04
Neck:
4A 445 6267D
466.2 Bull 2:
Front horn: 4A 655 93408
Back horn: 4A32242D00
Neck;
4A656A185F
HIK
Ka 1
^ 000202
^ j 467 He states that he received payment In the total amount of Hi 920 99040 from Oeaie
Qroenewald by way of Internet tranfers.
m
«
4 6 8 0 n 17
October 2009 Mariza Toat made an application for a perm* for the import of**
Mid two rhinoceros bulls to the farm Prachtig from JJ Von dor \Noothtjam, t ha
application was made In the name of K Toet
469 On 30 October 2009 permit number011811 was Issued In<hermnoofKTootforêm
import of two rhinoceros bulls from JJ Van der Wssthuizsn to the farm Pracfieg,
permit was issued subject to a condition that the local conservator be notified of the
delivery of the animals at least 48 hours before they are to be offioaoed on tfte fam
Prachtlg and that he must be present during the offloading, Karel Toet did not comply
with the said condition.
470 On 20 September 2010 a dehorned rhinoceros bull with microchip number 4A 445
6267D in its neck, (as In rhinoceros bull 1 above) was found on the farm Prachtig.
471 Investigation revealed that no permits were obtained for dehorning the said rhinoceros
bull nor for the possession of the horns that were removed from the said rhinoceros
I I V bull. Since the horns could not be found, there is no other inference to be drawn other
than that the said horns were sold In contravention of NEMBA.
472 It Is submitted that the horns obtained from the illegal dehorning of the above
mentioned rhinoceros bull received on the farm Prachtig from Plettenbarg Bay with t i e
facilitation by Mr Van der Westhuizen, represented proceeds of crime and the further
sale of/ trade in these horns had the effect of concealing or disguising the nature,
source, location, disposition or movement of the said horns or the ownership thereof or
any interest which anyone may have in respect thereof, or enabled Dawie Groenewaid
to avoid prosecution, or to remove or diminish the said horns which were the proceeds
of the commission of a crime.
m
I
INCIDENT 84: Count 1146 to 1
GroenewaW
000203
257 In the indictment involving Dawie
I
I
I
I
I
I
I
B
m
« On 20 September 2010, member» of the DPCI In conjuction with members of the
SANParks Veterinary Wildlife Service conducted an operation on the farm Prachtig.
The members of the DGPI arrested Dawie Groenewald and his wife, Sariette
Groenewald, at their home In Polokwane. Karel Toet and his wife, Mariza Toet, were
arrested at their residential address In Modimolle and Mania du Plessis was arrested at
the premises of Umpopo Wildlife Consultants In Modimolle. On the same day the
following persons were arrested on the farm Prachtig namely Tielman Erasmus,
Nardus Rossouw, Dewald Gouws and Paul Mthoromela. On 22 September 2010 Koos
Pronk was arrested at the Magistrate's Court In Musina when the defendants appeared
in court for the fisrt time. On 7 October 2010 Gys du Preez handed himself over to the
police.
474 During the operation on the farm Prachtig on 20 September 2010, a number of
dehorned rhinoceros bulls were found on the farm Prachtig when the property was
inspected by the police.
475 I refer to an affidavit of Markus Hofmeyer attached hereto as "JJ 60". Hofmeyer is the
General Manager for the Veterinary Wildlife Services of SanParks and states among
other things that they were at the farm Prachtig to assist with the immobilization of
white rhinoceroses to collect forensic samples and to check for microchips
476 Hofmeyer states that the Immobilization of the rhinoceroses commenced at around 9
am on the 20th September 2010. They found twenty nine rhinoceroses on the farm
Prachtig and managed to tranquilize twenty six of them. Of the twenty nine
rhinoceroses there was only one rhinoceros cow with a small calf and these two
together with one rhinoceros bull (which was the only rhinoceros bull with horns intact)
were not tranquilised
116
Hlw-
I
ft
H
H

Pi
477
Hofmeyer states that the other twenty six rhinoceroses were f r J
dear that these twenty six rhinoceros bulls had previously been tiJ
the horns were cut deep to the growth point. He state» that he took
of the tranquilised rhinoceros for forensic purposes and handed
Colonel Gerhard Vermeulen, attached to the Forensic Science Labo
099214
lMd*ltf 11*1*
lêtMtésómêf
m §p90mmto
478 Hofmeyer continues to state that he used a microchip reader to scan the twanfjr i l *
rhinoceroses they had tranquilised. Microchip numbers were found in tmuflty on* of
these rhinoceroses and the other five rhinoceroses did not bava ifljf mt&QcMp
markings in them.
479 Investigation revealed that of the mentioned twenty one rhinoceroses which* confer @d
microchip numbers, six rhinoceroses were initially acquired by Dawie GroenewakJ front
respectively the Sabi Sand Reserve, the Kruger National Park and Mf «M vm dff
Westhuizen (Incident 59 to 63 mentioned above refer) it was further established that
the microchip numbers of a further six rhinoceroses were mentioned in permit
applications as rhinoceroses being transported from the farm Prachtig to be delivered
to respectively Mr PIL du Plessis and the Leon Taljaard Nature Reserve while ífaëse
six rhinoceroses were actually found dehorned on the farm Prachtig (Inck*
mentioned above refer).
52 to 64
480 The remaining nine dehorned rhinoceroses found on the farm Prachtig, were marked
with the following microchip numbers in their bodies.
480.1 4A 32 31 091B (behind the right ear),
480.2 4B66 23416C,
480.3 4B 75 D2 BOA,
480 4 4B 7F 5D 4A53,
NM
n
n
000205
480.5 4B 7F 5E 1176 (behind the right ear),
480.6 4B7F7C5939,
480.7 46 24 39 3A02,
480.8 46 7C 04 5F00,
480.9 49 2B 57 5045.
481 Investigation revealed that two suspects, Huong Jiang Chu and Xion Binh Dang
(Beaufort West CAS 528/11/2010 refers), were arrested In possession of rhinoceros
horns of which one of the horns was linked to one of the abovementioned nine
dehorned rhinoceros bulls namely the rhinoceros bull marked with microchip number
4B 66 23 416C.
482 Investigation further revealed that Dawie Groenewald did not obtain permits to dehorn
the above mentioned fourteen rhinoceroses namely the nine dehorned rhinoceroses
marked with microchips and the five dehorned rhinoceroses with no microchip
numbers. Me also did not obtain permits to be in possession of the rhinoceros horns
once they had been removed from the animals nor did he have any permits to sell any
of the said rhinoceros horns. None of these rhinoceros horns, save for the one
rhinoceros horn seized in the Beaufort West case, could be found, and it is therefore
submitted that there is no other inference to be drawn other than that the said horns
were sold in contravention of NEMBA.
483 It is submitted that the horns obtained from the illegal dehorning of the above
mentioned fourteen rhinoceros bulls found dehorned on the farm Prachtig, represented
proceeds of dime and the further sale of/ trade in these horns had the effect of
concealing or disguising the nature, source, location, disposition or movement of the
said horns or the ownership thereof or any interest which anyone may have in respect
Hh
i
Ml
n
000206
i or enabled Dawie Groenewald to avoid prosecution, or to remove or diminish
•he said h'
, r n 8
W"'
00
Were the proceeds of the commission of
a crime.
CIDtNT 86: Count 1268 to 1686 in the indictment involving Dawie
Groenowald:
Daniel Karl Johnson, i f the owner of a butchery named "Taste of Africa" in Musina,
which «ells venison. The butchery is situated a few kilometres from the farm Practhkj
•nd bought carcasses from farmers on a daily basis. I refer to an affidavit of Daniel
Karl Johnson attached hereto as JJ 61".
485 He states that he had an agreement with Dawie Groenewald that he would buy ail the
carcasses of wild animals from him. For the period from 14 June 2008 to 30 August
2010 he collected numerous rhinoceros carcasses from the farm Prachtig.
486 Johnson provided me with copies of the invoices for the rhinoceros carcasses he
bought from Dawie Groenewald which is reflected in the table below.
RHINOCEROS CARCASSES SOLD TO JOHNSON
Date
carcasses
woro sold
14/6/2008
19/8/2008
8/7/2008
9/7/2008"
1577/2008
18/7/2008
21/7/2008
Number of carcasses
or part thereof sold
one rhinoceros
one rhinoceros
two rhinoceroses
two parts of rhinoceros
one rhinoceros and a
half of a rhinoceros
four rhinoceroses
three rhinoceroses
Weight of
the
carcasses
sold
814 kg
740 kg
350 kg
195 kg
295 kg
233 kg
739 kg
235 kg
227 kg
227 kg
281 kg
240 kg
312 kg
190 kg
Amount paid by
Johnson
R 5 291-00
R 4 810-00
R 3 542-00
R 3 432-00
R 6 005-00
R 5 308-00
R 3 990-00
NK
I
I
n
m
m
000207
23/7/2008
215/772008"
Ï2/8/2008
13
14
17/8/2010
two rhinoceroses
two rhinoceroses
one rhinoceros
six rhinoceroses
23/8/2010
15
Total :
29/8/2010
30/8/2010
four rhinoceroses
four rhinoceroses
five rhinoceroses
39 rhinoceroses
406 kg
202 kg
423 kg
238 kg
300 kg
407 kg
470 kg
204 kg
245 kg
230 kg
195 kg
105 kg
165 kg
135 kg
255 kg
206 kg
269 kg
150 kg
190 kg
135 kg
165 kg
155 kg
150 kg
80 kg
125 kg
250 kg
235 kg
11 168 kg
R 2 115-00
R 2 690-00
R 4 385-00
R 1 020-00
R 8 375-00
R 4 400-00
R 9 675-00
R 4 200-00
R69 238-00
487 Investigation revealed that during the year 2008 no permits were issued for hunting of
rhinoceroses on the farm Prachtig. During the year 2009, only one permit was issued
for the hunting of a rhinoceros on the farm Prachtig in April 2009. The next permits for
the hunting of rhinoceroses on the farm Prachtig were issued only in August 2010.
488 It Is submitted that in the absence of the required permits to hunt or kill the above-listed
thirty nine rhinoceroses and there after sell the carcasses to Johnson, the said thirty
nine rhinoceroses were killed and the carcasses sold, in contravention of NEMBA.
489 The transactions with Mr Johnson, had the effect of concealing or disguising the
nature, source, location, disposition or movement of the said thirty nine carcasses or
the ownership thereof or any interest which anyone may have In respect thereof; or
tnabled Dawie Groenewald to avoid prosecution, or to remove or diminish the s^id
Mi
000208
"* © thirty nine rhino carcasses) which were the proceeds of the commission
of a crime.
estigation further revealed that Dawie Groenewald did not obtain permits to dehorn
above mentioned thirty nine rhinoceroses nor for the possession of these seventy
aignt rhinoceros horns once they had been removed from the animals nor did he have
any permits to sell any of the said rhinoceros horns. None of these rhinoceros horns
could be found, and it is therefore submitted that there is no other inference that the
said horns were sold in contravention of NEMBA.
491 It is submitted that the horns resulting from the illegal dehorning of the thirty nine
rhinoceroses of which the carcasses were sold to Johnson, represented proceeds of
crime and the further sale of/ trade in these horns had the effect of concealing or
disguising the nature, source, location, disposition or movement of the said horns or
the ownership thereof or any interest which anyone may have in respect thereof, or
enabled Dawie Groenewald to avoid prosecution, or to remove or diminish the said
horns which were the proceeds of the commission of a crime.
INCIDENT 66: Count 1687 to 1872 in the indictment Involving Nardus Rossouw
and Dawie Groenewald
492 As mentioned previously, members of the DPCI in conjunction with members of
SanParks Veterinary Wildlife Service, conducted an operation on the farm Prachtig on
20 September 2010. Armed with a search warrant, the DCPI members searched the
buildings on the farm Prachtig on 20 September 2010. During the search, four
rhinoceros horns (two sets) were found in a walk-in safe in an office on the premises.
493 On investigation, it was established that the rhinoceros horns were marked with
microchips as follows:
493.1 Set1:
HK
4A5A07 3110,
4A 6A 4D 5740; and
000209
«4
493.2 Set 2:
4A6AOE1860,
4A66 716B17.
494 On 22 September 2010 Dawie Groenewald handed two further rhinoceros horns to the
police on the farm Prachtig. The said horns were marked with microchip numbers 4B
7F 4C 572A and 4B 7F 58 2354.
495 Investigation revealed that the above mentioned three sets of rhinoceros horns
belonged to rhinoceroses which were previously purchased and delivered to the farm
Prachtig. The transactions in which these rhinoceroses were purchased, are reflected
below as three seperate transactions.
Transaction V,
496 Gary Paul Murphy ("Murphy") is the owner of the farm known as "Uitvlucht", situated in
Middelburg, Mpumalanga Province. I refer to an affidavit of Murphy attached hereto as
"JJ62".
497 In hte affidavit Murphy mentions among other things a transaction he concluded
sometime in April/May 2010 In which eight rhinoceroses (seven rhinoceros cows and
one rhinoceros bull), were sold to Dawie Groenewald.
498 He states that Nardus Rossouw, who represented Dawie Groenewald, approached
him (Murphy) with an offer to dehorn the rhinoceroses and then purchase the horns
HK
«I
fro
rn
000210
T y- Murphy declined the offer. It is submitted that Nardus Rossouw through
netted Murphy to commit the offence of illegally dehorning his rhinoceroses
a n d t 0 i l l e9a, |
y
s
ell the horns to Nardus Rossouw.
arch 2010 Mariza Toet made an application to the Mpumalanga Tourism and
Agency for a permit for the export of the said eight rhinoceroses from the farm
Uitvlucht
to t h e
farm Prachtig. On 24 March 2010 permit number MPB 12460 was
issued in the name of K Toet for this purpose. On 23 March 2010 Mariza Toet also
made an application to Leon de Jager for a permit for the import of eight rhinoceroses
to the farm Prachtig from the farm Uitvlucht. Permit number O 11836 was issued on 14
April 2010 in the name of K Toet for this purpose.
500 The eight rhinoceroses were marked with microchips in both their front- and back
horns and these microchip numbers were included in both permit applications. In
particular, one of the rhinoceros cows was marked with the following microchip
numbers:
Front horn: 4A 5A 07 3110
Back horn: 4A6A4D5740
501 Murphy states that the eight rhinoceroses were captured on the farm Uitvlucht with
their horns Intact. The eight rhinoceroses were delivered to the farm Prachtig and
Murphy received payment from Valinor in the amount of R 2 074 800-00.
502 Investigation revealed that the above mentioned microchip numbers corresponded with
the microchip numbers found in the first set of rhino horns found in the safe on the
farm Prachtig on 20 September 2010.
I
fllA. ']
Imnsactjoni:
0002
5
° 3 FUwbên Jar, ru
Jinymtft (• tr*
mm
of ^nm» *m*f mmm fa By^Mw\. on 30
U,y
^
1 0
• V*™* ««effort wm tiêté m Wúm ***** ** ®wm ©roenewew
purohs&sd two fMrwemom,
604 (
w 2 Augutt 2016 export p§fr*të m*?** l&IAgnzq
permit office fn {ft§ name or RJ f * * / ^ f f ef t ef c M^
from the Buffalo Ranch to the form F^ra'a I» Hwwa-
pe R«e
) 1*1 jnosaioses
505 The following microchip mini
the two fhlnoeeffieeg;
re refteofcrt <$w #» «arf pewsfft *> ««peat of one of
Front horn.
Back horn:
Body:
4A36 716B17
4A6AOE1860
4A 6S 2C 5A2*
506 On 4 August 2010 Mart» Toet made an
the Import of two rhinoceroses from the
application was made In the name of K Toet
607 The permit with number VI1156/2010 A/as
Karel Toet for the import of two rhinoceroses
te©ar far a ipcirmlt far
WI T iRKaoï rtig T^fis
\-CJIJSC 2911© in • »
508 The two rhinoceroses were c
above mentioned microchip i
microchip numbers found In i
the farm Prachtig on 20 Septe
farm Pradhtl© ITSCit Tt w
Hlf**
I
1
a
i
i
1
M
It
M

IM
If
m
m
0
0002í2
Transaction 3*
0
an affidavit of Andre Burger attached hereto as "JJ 64". Andre Burger ww the
on
mana
9er at Welgevonden Private Game Reserve in Vaalwater, Umpopo
Province.
On 20 August 2010 Andre Burger, sold two white rhinoceroses at an auction m
Umpopo. The two white rhinoceroses were purchased by Manie du Plessis acting on
behalf of a client.
611 On 20 August 2010 Mariza Toet made an application for the transportation permit for
the two white rhinoceroses to the farm Prachtig. The application was made in the
name of K Toet.
512 On 24 August 2010 permit number OWM 874/2010 was issued in the name of K Toet
by the Modimolle permit office for the transport of two white rhinoceros bulls to the
farm Prachtig.
513 According to the said permit, the two rhinoceroses were marked with microchips and
in particular one white rhinoceros bull was marked with microchips as follows:
Front horn:
Back horn:
Neck:
4B 7F 4C 572A
4B 7F 58 2354
4B7F581D41;
514 The two white rhinoceroses were delivered to the farm Prachtig. The above mentioned
microchip numbers of the rhinoceros horns,corresponded with the microchip numbers
found in the set of rhinoceros horns which Dawie Groenewald handed to the police on
22 September 2010 on the farm Prachtig.
NM *
I
I
I
I
1
m
u
m
m
n
n
000213
515
Investigation reveal^ th«* «...
e a t n a t t her e
were no permits obtained for dehorning the said three
* bought from Murphy, Saayman and Burger respectively nor for the
n of the said horns that were removed from these three rhinoceroses.
s he police continued with the search on the farm Prachtig on 20 September 2010,
two elephant tusks were also found in the walk-in safe. On 22 September 2010 four
leopard skulls and three leopard skins were found in the living quarters of Dewald
Gouws.
517 Investigation revealed that no permits were obtained for the possession of the two
elephant tusks nor for the leopard skulls and -skins.
518 From 22 September 2010 to 7 October 2010 the investigation on the farm Prachtig
continued. During this time period various places on the farm were excavated with the
help of frontloaders. These particular places were identified by workers on the farm. In
the majority of the places the remains of burnt rhinoceros carcasses, rhinoceros skulls
and rhinoceros bones were found. The rhinoceros skulls which were found, had been
dehorned. The table below Indicate that nineteen rhinoceros skulls were found during
this period. The OPS locations as well as the nature of the rhinoceros remains are also
indicated In the said table.
Nature of remains
found
Burnt rhinoceros
skull and carcass
Four burnt
rhinoceros skulls and
a rhinoceros carcass
Three
skulls
rhinoceros
Rhinoceros skull and
rhinoceros carcass
Date on which the
remains were found
22/9/2010
22/9/2010
22/9/2010
7/10/2010
Location where the
remains were found
Close to the boma
S 22°34'58.1"
E 029°41*02.6"
Excavated hole
S 22°33'23.3"
E 029°43'13.3"
Under a tree next to
the hole mentione in
nr 2 above
Shallow hole
S 22*34'28.5"
126
tsfo
*1
fsp " —
~6 " i •
~7
o - .
9
10
11
12
T
,
h r e e
^hÏÏÏoceToT
skulls and bones of
rhinoceros carcasses
rcninoceros skull
Rhinoceros skull and
rhinoceros carcass
Rhinoceros skull and
parts of a rhinoceros
Rhinoceros skull
Rhinoceros skull,
bones and pieces of
skin
Rhinoceros skull
Rhinoceros skull and
other parts of a
rhinoceros carcass
7/10/2010
7/10/2010
7/10/2010
7/10/2010
7/10/2010
7/10/2010
7/10/2010
7/10/2010
000214
E 029°42'46.6"
Hole similar to an old
well or mineshaft in
an open area
S 22"33'26.2"
E 029*4403.9"
Shallow hole
S 22'35'55.2"
E 029'42'43.6'
Shallow hole
S 22°33'23.4"
E029'43'15.6"
Trench used as a
rubbish dump
S 22'34'50J2"
E 029*43'57.4"
Shallow hole
S 22°35'36.0"
E 029"42'00.r
Shallow hole
S 22'36'35.4"
E029'40'17.1"
Excavated hole
S22°35'01.1"
E 029°41'08.0"
Excavated hole
S 22°33'22.6"
E 029*43' 15.9"
TOTAL: 19 SKULLS
519 Investigation revealed that no permits were obtained for the killing and dehorning of
these nineteen rhinoceroses nor for the possession of the horns that were removed
from the said rhinoceroses. Since the horns could not be found, there is no other
inference that the said horns were sold in contravention of NEMBA.
520 It i t submitted that the horns resulting from the illegal dehorning of the nineteen
rhinoceroses of which the skulls were excavated on the farm Prachtig, represented
proceeds of crime and the further sale of/ trade in these horns had the effect of
concealing or disguising the nature, source, location, disposition or movement of the
said horns or the ownership thereof or any interest which anyone may have in respe
127
M
000215
enabled Dawie Groenewald to avoid prosecution, or to remove or diminish
the said horns which were the proceeds of the commission of a crime.
INVESTIGATION INTO ASSETS OF THE DEFENDANTS
First Defendant - DAWID JACOBUS GROENEWALD
n
0
521 Dawid Jacobus GROENEWALD rGroenewakf*) is married to the Fourth Defendant,
Sariette Groenewald nee' van der Heyde, which marriage is governed by an ante-
nuptial contract
Vehicles
522 He is is the owner of a Kawasaki KRF750A Motorcycle with register number
LMP240W
Glenwie trust
523 Glenwie trust is registered under ÍT11576/97 at the Masters office of the High Court
of South Africa in the Transvaal Provincial Division.
524 The trustees and beneficiaries are as follows;
524.1 Glenn Marion Janse van Rensburg (Founder)
524.2 Jan Kampherbeek
524.3 Glen Janse van Rensburg
524.4 Andries Jacobus Unde
NM
í*
01
tfí *
ThebPnofi- 0 0 0 2 í 6
The beneficianes of the trust are:
525 Glen Janse van Rensburg
526 Dawid Jacobus Groenewald
Cat f i sh Trust
527 Catfish trust is registered under IT3973/03 at the Masters office of the High Court of
South Africa in the Transvaal Provincial Division. The trust is founded to administer hi
trust 50% of the entire issued share capital of Catfish Investments 69(PTY) Ltd with
registration number 2003/0051290/012.
528 The trustees and beneficiaries are as follows:
528.1 Glen Janse van Rensburg (Founder)
528.2 Sariëtte Groenewald
Beneficiaries
529 The Tantu Trust - 37.5%
530 The Glen Trust - 37.5%
531 The Heyderust - 25%
Businesses
532 Dawie Groenewald has an interest in three businesses as follows:
532.1 Delevex 49 a close corporation with reg nr 200308670823, - The business is
still registered as "In Business" with the Companies and intellectual Property
Registration Office (CIPRO). Dawie Groenewald is the sole member of the
I
1
I
I
I
I
I
I
B
ft
I
II
H
it
1*
000217
GuS
* The principal business of the Close Corporation as stated on the
* * " * «s "breeding of and trading in game".
5325 flaK" i ,...
investments 59 (Pty) Ltd a private company with registration number
Wá/QQ5790/07. Records obtained from CIPRO indicate that Groenewald is
registered as a director of the company. According to the same records a
secc-id person is registered as a co director of the company, to wit John L
Pouleson who is citizen of the United States of America. This company is
ateo registered as "In Business".
532.3 The farm Prachtig is owned by Catfish Investments 59. Sanette Groenewald
holds a 50 % stake in Catfish Investments 59 while the other 50% is held by
an American couple, John and Joan Pouleson. Dawie Groenewald and John
Pouleson are the two directors of Catfish Investments 59. The farm is
number 538 in the MS registration division Limpopo Province and is
2295.1945 hectares in size.
532.4 Prachtig was purchased for the price of R4 000 000-00 and an initial bond to
cover the price was obtained from ABSA bank in the amount of R2 400 000-
00. The property was re-mortgaged on 26 May 2009 for R6 600 000-00.
Business Vehicles
533 There are three vehicles registered to the name of Catfish investments 59 (Pty) Ltd,,
the vehicles are:
533.1 FMM359N - Blue, New Holland Tractor TS100X 4WD, 2005 model.
533.2 FMD241N - Yellow, Komatsu Backhoeloader WB93R-2, 2006 model
533.3 FOH842N - White, Toyota Hilux 3.0TD Raider, Pick-up, 2003 model.
HlA
130
i
000218
to
Bu
«»ness Bank Account f^-
l l - 's nvestments 59 (pty) Ltd is the holder of a cheque account held at AB8A
Polokwane with account number 40-5758-1067
4
M Karel Toet-Second Defendant
536 Karel Toet (Toef) is married to the third defendant, Maria Magdalena Toet
("Marisa"), which marriage is governed by an ante-nuptial contract.
n
Í
M
H

535 Catfish Investments 59 (pty) Ltd also holds a mortgage bond account for the Farm
Prachtig held at ABSA with account number 8057415997.
Immovable Property
536.1 Portion 1 (remaining extent) and 3 of Erf 285, Nyistroom held under title
deed number T37246/2006. This property is bonded with Standard Bank
South Africa and is situated at 104 Voortrekker Road, Modlmolle. The
property is co-owned with the ninth defendant, Manus Johannes Ou Plessis.
536.2 Portion 0, Erf 1330, Nyistroom ext 11 held under title deed number
T137424/1997. This property is bonded to Standard Bank South Africa and
is situated at 32 Giraffe Street, Modimole. The property is co-owned by
withthe third defendant Maria Magdalena Toet.
Movable Property:
537 Karel Toet has the following vehicles registered in his name
537.1 BGX571L - 2004, Red, Toyota Tazz - Toet is the title holder.
537.2 BWY588L - 2009, Red, Jonway YY159T - Jonway Motorcycle - Toet is the
title holder.
i
8
1
m
m
0
1*
f*
0
000219
BYN567L - 2009 Silver BMW X5. Wesbtnk Pretoria Central it the title
holder
537.4 DTG986N -1989, White 6 foot Venter Trailer, Toet It the title holder.
Business Interests:
Karel Toetcurrently has two businesses which are registered in his name:
538.1 He olds an interest in Nylstroom Dierekliniek CC. Nylstroom Dierekliniek CC
is a close corporation with registration number 1991/021417/23. Records
obtained from CIPRO indicate that there are two other members of the
corporation namely Lente Hansen and Johannes Gerhard Kruger, the
records further indicate that all three members has a 33.333 percent Interest
in the business.
538.2 KMP Wildlife Trading CC (also t/a Limpopo Wildlife Consultants) is another
close corporation with registration number 2006/040524/23. The business
has membership of three people, all three with a 33.3 percent Interest. The
other two members are Manus Johannes du Plessis and Paul Anthony
Huber.
VEHICLES
539 There are three vehicles and a trailer registered in the name of Nylstroom
Dierekliniek they are;-
539.1 BPL720L - a silver, 2008 model, Toyota Hilux 2.7 4x2 Single Cab Pick-Up,
the title holder is Toyota finance
539.2 BVD416L - silver, 2009 model, Opel Corsa Pick-Up 1.4, the title holder Is
Wesbank Nylstroom.
I
i
«
1
1
I
H
1
I
1
%
I
I
*
i
J
0
000220
539.3 FMG989N - a beige, 2004 model, Land Cruiser 70 4.5 Pick-Up, the title
holder is Bankfin Nylstroom.
9-4 FFM020N - a white, 2003 model, Challenger, Bundu Basher
trailer.Nylstroom Dierekliniek is the title holder.
Nylstroom Dierekliniek
540 Nylstroom Dierekliniek conducts its business from 104 Thabo Mbeki street,
Modimolle, which property is described as Nylstroom, Portion 1 (Remaining Extent)
and Portion 3 of Erf 285 in the KR registration division of Limpopo province, the same
property is co-owned by the third and fifth defendants.
KMP Wildlife Trading CC (t/a Limpopo Wildlife Consultants)
541 KMP Wildlife Trading CC (t/a Limpopo Wildlife Consultants) has two vehicles and two
trailers registered in its name. The vehicles are:
541.1 CBS698L - a white, 2010 model, Toyota Hilux 4.0 4x2 Double Cab pick-up
the title holder Is Toyota finance
541 2 CBS699I - a white, 2010 model, Toyota Fortuner 4.0 V6 SUV, the title
holder is Toyota Finance.
541 3 BXT922L - a white, 2009, Engelbrecht 1 trailer, the title holder is Limpopo
Wildlife Consultants.
541 4 FJS837N - a brown, Homebuilt animal trailer, the title holder is Limpopo
Wildlife Consultants.
# •
n
i
í
I*
Hf
d
Bosveld Wilddienste CC
000221
wrding to Cipro documents Karel Toet and Manua Du Plessis () also had Interest
a close corporation called Bosveld Wllddlenste CC with registration number
5/004228/23. Bosveld Wilddienste has been deregistered. However, according to
enatis there still are two vehicles and a trailer registered In the name of Bosveld
Wilddienste Vennootskap, they are;
542.1 FDN209N - White, 2003 model, Toyota Land Cruiser 70 Pick-up 4.5, title
holder is Bosveld Wilddienste Vennootskap.
542.2 BSX509L - White, 2005 model, Toyota Land Cruiser 70 Pick-up 4.5, title
holder is Bosveld Wilddienste Vennootskap.
542.3 CBT003L - Green, Brinto Engineering Tanker trailer, title holder Is Bosveld
Wilddienste Vennootskap.
Maria Magdalena Toet-Thlrd Defendant
543 Maria Magdalena Toet ("Marisa") is married to the second defendant. The marriage is
governed by an ante-nuptial contract.
Immovable Property
544 Portion 0, Erf 1330, Nylstroom ext 11 held under title deed number T137424/1997.
This property Is bonded to Standard Bank South Africa and Is situated at 32 Giraffe
Street, Modimole. The property is co-owned with the second defendant, Karel Toet.
Sarriëtte Groenewald-Fourth Defendant
545 Sariëtte Groenewald neé van der Heyde ("Sariëtte") is married to Dawie Groenewald,
which marriage is governed by an ante-nuptial contract.
^
*
*
n
t
i
i
i
i
i
Immovable Property
003222
Erf 784, portion 0, Bendor ext 7, Polokwane Local Municipality, LS
Registration Division, Limpopo, held under title deed number T16429/2002.
This property is bonded with ABSA for R1 220 00 and is situated at 9 Genl
Wynand Malan Street, Bendor ext 7, Polokwane. The property is co-owned
by Hendrik Marthinus Christoffel van der Heyde with Id 491026 5107 082.
545.2 Sariëtte is also the owner of Erf 3528 Portion 0, Bendor ext 72, Polokwane
Local Municipality, LS Registration division, Limpopo, held under title
number T 51995/2009. This property is bonded with ABSA for R2 380 000-
00 and is situated at Dr Moolman Drive 46, Cycad Estate, Bendor, in
Polokwane.
Businesses
546 Sariëtte can be linked to three businesses:
546 1 Brodsky Trading 268 (Pty) Ltd a Private Company with registration number
2005/017601/07. Records held at CIPRO indicate that the company is still in
Business. The same records indicate that there are three directors in the
company to wit, Sariëtte Groenewald, Pellicer Ramirez Eduardo with an
address in HABANA, Cuba and Uceda Aragoneses Cipriano with an address
in Madrid, Spain.
546.2 Brodsky Trading 269 (Pty) Ltd a Private Company wfth registration number
2005/017603/07. Records held at CIPRO indicate that the company is still in
Business. The same directors as in Brodsky Trading 268 (Pty) Ltd are the
active directors for Brodsky Trading 269 (Pty) Ltd to wit, Sariette
Oroenewald, Pellicer Ramirez Eduardo and Uceda Aragoneses Cipriano.
Hfv
*
003223
BB^É 546 3 \/alin/v T
C J rading 142 CC êj a Close Corporation with regtstrabon number
»4/075081/23 and trading as Out of Africa Aoventurous Safaris. Records
fr0m C , P R O indic
ate that Sariette is the only member of the dose
corporation.
I mmoveabl e Propertiesheld by the Businesses I
547 Brodsky Trading 268 (Pry) Ltd is the owner of farm 495 in the MS registration
division, Limpopo Province; the farm is called Krige and is 1855.1812 hectares in
size. Krige was purchased in 2006 for the price of R4 000 000-00. in 2006 a bond of
R2 000 000-00 was awarded to Brodsky Trading 268 (Pty) Ltd and is held at ABSA
U ? Krige and Prachtig art netghbounng farms and their boundary fence» have been
m dropped to combine the two propertie»
a
548 Valinor Trading 142 CCisthe owner of two properties to wit -
548.1 Erf 4413 Bartdor ext 87 held under «to deed number T12797/2007. l i e
• J f l property was purehaaad feT HB10 000 and a Bond of R490 000 was
awarded to Vaanor by Standard Bar*.
548 2 Erf 4458 Bendor art §7 held under W»e dead number T6365/2007 . The
• f j property was purehaaad tor R32900-O0 by Vafcnor andStandard Bank has a
1 ^ pond of R309 000-00 over the property.
54« VeNcfea l ag* »»* in f » " • " • of Vainer. •
540 1 8C8651L - * * « • . Toyota Land Cruaer 70 pick-up. first Icanaad 2006-05-
g | 15 title hotder it Bankftn
r*
r* »
m
m
549.2 BDB647L- Silver Toyota Yari sl .
is Valinor
000224
3 T3, first licensed 2006-06-07, title holder
BHJ347L White 6 Foot Challenger trailer, first licensed 2006-12-14, title
holder is Valinor.
4 BRR622L - Beige, Toyota Land Cruiser 70 pick-up, first licensed 2008-06-
03, title holder is Bankfin.
549.5 BYD066L - White Triple G 2axle trailer first licensed 2009-10-07, title holder
is Standard Bank Vehicle and asset Finance.
549.6 BYH879L - White, Toyota Hilux 2,5 4x4 Single Cab pick-up, first licensed
2009-10-27, title holder Bankfin Thabo Mbeki str Polokwane.
549.7 BYS424L05 - White Hino truck Super F 15-258, first licensed 2009-11-27.
Title holder, Standard Bank vehicle and asset finance.
549.8 CBB295L - Silver Volkswagen Polo Vivo, 1.4 Petrol, first licensed
2010-03-21, title Holder is Valinor 142 CC.
549 9 CBB576L - white Toyota Hilux 2.5 4x2 single cab pick-up. First licensed
2010-03-31, title holder, Toyota Financial Services.
549 10 CBV157L - White Challenger Bundu Basher Trailer first licensed 2010-06-
08, the title holder is Valinor 142 CC.
549 11 CBV162L - Toyota Land Cruiser 70 pick-up, first licensed 2006-05-15, the
title holder is Bankfin.
54912 CCD932L - Beige, Toyota Land Cruiser 70 Pick-up, first licensed 2010-05-
19 the title holder is Toyota Financial services.
\ <
(ta
^ ^ ^ ^ ^ ^ ^ ^ ^ H
«I
H
f l
f l
1
1
1
i
000225
9-13 CCM764L - Blue, New Holland Tractor TD80DT, first licensed 2010-08-04,
the title holder is Valinor Trading 142 CC.
: F F 2 7 3 L
7
Be
'9e, Toyota Land Cruiser Prado, VX 4.0 V6, first licensed
2011-01-04, the title holder is Toyota financial services.
549.15 CFP901L - Silver, Mercedes-Benz ML500, first licensed 2010-09-21, the
title holder is Mercedes Benz Financial Services.
549.10 CGK122L - White Toyota Hilux 2.5 4x2 Single Cab, first licensed 2011-04-
08, the title holder is Valinor Trading 142 CC.
549.17 CHR095L - White Hino Profia 226 Truck 2841TT SSC 3.9STL, first licensed
2011-06-24, title holder Toyota Financial Services.
549.18 CHR098L - White, Bela-Bela Flatdeck Trailer, first licensed 2011 -07-12, title
holder Toyota Financial Services.
549.19 CHR273L - White Toyota Hilux 3.0 4x4 Double Cab Pick -up, first licensed
2011-07-28, title holder Bankfin Thabo Mbeki str, Polokwane.
549 20 CHR281L - White Toyota Hilux 3.0 4x4 Double Cab, Pick-up, first licensed
2011-07-28, title holder Bankfin, Thabo Mbeki str, Polokwane.
54921 CJL692L - Silver, Mercedes-Benz ML500, first licensed 2011-01-05, title
holder- Wesbank Grobler Street, Polokwane.
54922 JGX870W - Green Suzuki off road LTA700X motor cycle, 2006 model, title
holder Valinor Trading 142CC.
549 23 Robinson R44 Helicopter with registration number ZS-HBH.
Nl\
000225
Business Bank Accounts
549.24 Brodsky Trading 269 (Pty) Ltd has the foilowing bank account.:
49.24.1 ABSA bank business account with account
number 4067349067.
549.24.2 ABSA Bank term loan with account number
3018883231.
549.25 Valinor Trading 142 CC has the following bank accounts:
549.25.1 ABSA Cheque 4068275655.
549.25.2 ABSA Credit Card 5435 5220 2194 5016.
549.25.3 ABSA Cheque 4061131155.
549.25.4 ABSA Credit Card 4570 2300 1645 3016.
549.25.5 ABSA Term Loan 3028838242.
Tielman Roos Erasmus-Fifth Defendant
550 Tielman Roos Erasmus ("Erasmus") is married to Mathilda Erasmus which marriage
is governed by an ante -nuptial contract.
Immoveable Assets
Portion 0 of erf 3567, Bendor ext 75, Polokwane Local Municipality, held under title
deed number T78139/2009. This property is bonded with ABSA Bank and co-owned
by Mathilda Erasmus.
to/U
139
m
ill
m
n
1
Moveable Property
Vehicles
552 BLC637L-2006, Beige
r
Toyota
is Standard Bank Vehicle and /
Johannes Gysbert du Preez - Sixth
553 No Traceable assets could be found
Herman us Bernard us Rossouw - Sevent h
554 No Traceable assets could be found
Jacobus Martinus Pronk- Ei ght h Defendant
555 No immoveable assets
000227
UwmetrWPKA
ins» nut..
Set of the vetvde
Moveabl e Property:
Vehicles
555 1 DFR319N -White,. 1995, Home-bull Trader. JM Prcsrftisfte iite holder.
555 2 BJ J051L - Silver 2004, BMW 3181JM Prank is fine He hoSder.
Manus Johannes du Plessïs-Nínth Defendant
556 Manus Johannes du Plëssís is married to Jol
community of property.
•ey are married out of
mjm
I*
• i
000228
Immoveable Property
»67 Portion 0, Erf 1482, Nylttroom Ext 11, Modimolle Local Municipality, held under Title
Dttd T143216/2000. This property is situated at 7 Giraffe Street, Modimolle and du
Plessis ft the owner
658 Portion 15, Erf 2400, Nylstroom ext 11, Modimolle Local Municipality, held under title
deed T39899/2008. Manus Johannes du Plessis holds 50 percent ownership in the
property and his wife Yolandi holds another 50 percent.
Dewald Erl ank Gou ws-Tenth Defendant
559 No traceable assets
Paul Dfmakatso M-Eleventh Defendant
500 No immoveable assets
Vehicle*
561 BPH886L-Whfte, 1994, Toyota Camry, the title holder is Mathoromela.
CONCLUSION
562 In the circumstances, I submit that there is reason to believe that the defendants may
be convicted of the offences described above and a confiscation order may be made
In the amount of R R 55 750 413.00.
503 The defendants contravened section 4 of POCA in that they sold rhinoceros horns
they had possessed illegally, by purchasing the rhinoceros with horns and dehorning
them without the required permits and then selling them again and also illegally
selling the horns they have acquired illegally, by receiving proceeds of the illegal
activities in respect of rhinoceros and other restricted and protected animals species.
# *
m
n
ft
M
i
i
I f
I Í
564 I therefore support an application for
the restraint orcio
Prevention of Organised Crime Act 121 of 199a
000229
r In terms of section 26 of the
r/JObf^TllbOSTE
I CERTIFY THAT THIS AFFIDAVIT WAS SIGNED AND SWORN BEFORE ME AT
WEAVIND PARK, PRETORIA ON THIS THE ^ DAY OF M/lA^/f 2012 BY
THE DEPONENT WHO ACKNOWLEDGED THAT HE KNOWS AND UNDERSTANDS
THE CONTENTS OF THIS AFFIDAVIT, THAT TO THE BEST OF HIS KNOWLEDGE AND
BELIEF IT IS TRUE AND CORRECT, THAT HE HAS NO OBJECTION TO TAKING THE
PRESCRIBED OATH AND THAT HE CONSIDERS THE PRESCRIBED OATH TO BE
BINDING ON HIS CONSCIENCE.
Lfff'
MUk
£&&
R.MALETSWA
COMMISSIONER OF OATHS
FULL NAMES: fyy&*&A/&
X f
[!
DESIGNATION: Cs0W*W- £#rt
AREA:RSA
^•ZfCox?
AD0RES
s: / g^ we*
/2-
IJSUID-AFRIKAANSE POLISIEblENSj
ASSET INVESTIGATION SECTION |
DETECTIVE SERVICE GAUTENG
2012 -03- 2 2
#Ol
142