'Killer ranger' walks free
2007-10-24 21:33
Thabisile Khoza and Sydney Masinga
Tonga - An Mpumalanga community is concerned that a game ranger has walked free from court after being charged with killing a sickly, jobless man who was trying to catch fish in a game reserve.
The Tonga Magistrate's Court in the deep rural Nkomazi area reduced the murder charge to an inquest on October 5 saying the ranger could not be successfully prosecuted because there was not enough evidence against him nor witnesses to the event.
The ranger, 34-year-old Dumisani Mlambo, had handed himself over to the police on October 3 and said he had just shot Solly Sibanyoni, 24, a resident of Mgobodzi village, who had been fishing at the Ntjweba dam in the Mawewe Nature Reserve.
In his statement to the police, Mlambo said he had shot and wounded Sibanyoni in self defence as Sibanyoni had attacked him with a bush knife when he ordered him to stop fishing because he did not have a permit.
Headman at the Mawewe tribal authority, Sathane Mkhatswa, described Sibanyoni as a polite, quiet man who was sickly and unable to work.
"We can't believe that he was fit enough to chase anyone with a bush knife, because he always walked very slowly," he said. "The rangers can never catch real poachers who kill and sell game, yet someone who is only fishing because he is hungry gets killed."
He said not a single fish had been found on Sibanyoni either.
Sibanyoni's mother, Anna Nsingwane, 46, said the family did not want to let the matter lie.
"We don't know what to do next, but we will not leave this matter alone. We will wait for the tribal authority to tell us the next step should be," she said.
She said no one in the family had a job and that they had hoped that Sibanyoni would eventually find work.
The tribal authority helped the family with the funeral costs when Sibanyoni was buried on October 14.
Tonga Constable Mzwandile Nyambi confirmed that police had now opened an inquest docket.
"The case is not dead yet," said Constable Nyambi. "The suspect can be re-arrested if we find concrete evidence against him."
He said that after the ranger told police about the shooting, police went to the scene and found Sibanyoni bleeding and unconscious with a bush knife next to him.
He had a bullet wound to the buttocks.
"We quickly took him to the Mgobodzi clinic but he died of his injuries," he said.
Prosecutor in the case, Cuthbert Ngomane, confirmed on Friday that the case was withdrawn for further investigation.
"An inquest will be held soon to determine the cause of death and whether anybody can be held liable for the case," said Ngomane.
Spokesperson for the Mpumalanga Tourism and Parks Agency, which manages the reserve, Jimmy Masombuka, said an internal investigation was being held and had not been finalised yet.
The ranger has refused to comment.
"I don't even know who you are, so please stop bothering me with a case that is still under investigation" he said, before putting down the phone.
Mbulelo Makinyane, a lawyer at the Legal Aid Board (LAB) in Nelspruit, said the family could get help from the LAB.