ZERO TOLERANCE FOR OWL POACHERS IN LOCAL LANDMARK SENTENCING Rescuing a barn owl is all in a day’s work for Johannesburg Wildlife Vet Hospital – but it is not every day that the rescue leads to the arrest and 18-month sentence for the poachers who took her.
The owl in question at the Johannesburg Wildlife Vet Hospital
I n a first for South Africa, honourable Magistrate Delise Smith delivered her verdict in the Roodepoort Regional Court, sentencing Donald Phemelo (32) and Tebogo Sejake (34) to 18 months of imprisonment with no time suspended and no option of a fine for the crime of poaching a western barn owl from her nest. In a twist of fate, the poaching duo approached Captain Theo Dryer, an off-duty policeman to sell the owl. The Johannesburg Wildlife Vet became involved after Dryer called them to ask for assistance. In the act, they injured the owl and left her clutch unattended, so the eggs or chicks could not survive. Upon examination by Dr Karin Lourens, the head veterinarian at the Johannesburg Wildlife Vet Hospital, the owl was severely dehydrated with a broken and dislocated toe, as well as bruised metacarpals.
and to stick with the case (no matter how big or small) to ensure its progress through the court system,” said Wendy Willson, operations and legal lead of the Johannesburg Wildlife Vet Hospital. Despite pleading guilty, the defence attorney for the accused asked for mitigation and a fine of R1 000 or a suspended sentence of imprisonment. Prosecutor Shadrack Temeki brought Willson to the stand where she addressed the valuable role owls play in the ecosystem and how important their conservation is. She expounded on the suffering the owl experienced, and how the Sol Plaatjie community knew this owl well and had tried to protect her over the years. Environmental Management Inspectors Avhurengwi Olga Kone and Tlangelani Mkhatshwa joined the fray to fight for justice for South Africa’s wildlife. Honourable Magistrate Delise Smith
agreed that the court must conserve and protect South African wildlife and community efforts, like the joint contributions of the police and the Johannesburg Wildlife Vet Hospital. In the sentencing, she spoke to the need to protect owls, given their vital role in the ecosystem in eradicating rodents. Beyond protecting owls, communities should be protected from poachers like Phemelo and Sejake, putting the duo behind bars for 18 months. “This is not only to protect other animals but to protect vulnerable community members. Premeditated animal cruelty is never a stand-alone crime,” Willson said. This case is a landmark in animal cruelty as the first case of owl cruelty heard in a South African Regional Court – especially one with a sentence that is neither suspended nor a fine. Two years of legal battles and 31 court appearances paid off for the prosecution. Willson also urges South Africans to play their part. “The public have a huge role to play in being the eyes and ears of the law. If you see or suspect animal crime, report it. Elevate the complaint or try a different organisation if they do not take your concern seriously. Please don’t remain silent.” The Johannesburg Wildlife Vet Hospital remains committed to fighting crimes against South Africa’s wildlife by pursuing legal action where necessary. The hospital is the only veterinary hospital in the city dedicated to wildlife only, seeking to treat and rehabilitate small to medium-sized wildlife.
The hospital later discovered that her right hip was also dislocated, likely from the aggressive act of removing her from her nest or carrying her by the legs. With this injury being irreparable, the hospital chose to euthanise the owl humanely to end her suffering. The sentencing is a culmination of years of effort to bring the pair to justice for the harm caused to the owl. In June 2022, the Johannesburg Wildlife Vet Hospital brought charges against the two men, citing the Animals Protection Act and Gauteng Nature Conservation Ordinances. In court, the perpetrators answered seven counts against them for the act committed in June 2022. “South Africa has some great laws in place to protect animals but it takes some knowledge of these laws, some passion, and some tenacity to action crimes of this nature
Barn owl. Credit: Jean van der Meulen, Pexels
Written by Tayla Blaire
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