Malawi High Court reduces prison sentence for Zambian national in MK53m wildlife crime case

The High Court of Malawi on Thursday, 19th October, 2023, reduced to eight years the 15-year prison sentence the Lilongwe Senior Resident Magistrate Court imposed on Zambian national Kelby Roy Malambo for committing wildlife crimes.

But a patron of the case, Lilongwe Wildlife Trust (LWT), said “it is shocked” with the reduction in sentence though “it applauds” the court for “strongly advocating for wildlife justice” and “condemning” Malambo’s conduct and other would-be offenders.

The Zambian, sentenced in December 2022, had appealed against both his convictions and sentences three weeks ago, citing, among other grounds, length of sentence and absence of a call log from Airtel, which “could have been part of his evidence” tendered during the hearing of his case.

Senior Resident Magistrate Wanangwa Nyirenda had sentenced Malambo to 15 years in prison for the wildlife charges he faced.

The charges were: being found in possession of specimen of listed species, dealing in government trophy and importing specimen of listed species without producing to a customs officer a valid permit.

The offences are contrary to the National Parks and Wildlife Act as amended in 2017.

But on Thursday, Justice Mzondi Mvula, sitting in Lilongwe, reduced to eight years Malambo’s sentence, citing his being a first offender, among other factors.

The decision sparked discontent among some patrons of the case.

One of them, Counsel Hannah Supply-Kamange from Lilongwe Wildlife Trust (LWT), said “the significant reduction” of the sentence came as “a shock to the Trust” considering that “they believed that the sentence that was initially given was befitting”.

However, Kamange commended the judge for raising points that “speak really well” to the cause of conservation justice and for “condemning in the strongest terms” Malambo’s behavior and other would-be offenders.

“The judge stated that the behavior robes the nation of precious resources, some of which contribute to the growth of the economy.

“The judge advocated for conservation justice and for the protection of wildlife, both flora and fauna. Though shocked with the court’s decision, we are happy with the fact that there is hope for wildlife to thrive in Malawi as courts condemn such behavior and treat wildlife offences as the serious crimes that they are.

“We hope that the courts will continue to speak strongly against wildlife crimes”.

Moving forward, Kamange said LWT will continue working with various stakeholders in fighting illegal wildlife trade and promoting conservation justice.

“Malawi is our own country. The duty to protect it and anything in it lies with us as nationals. We will continue fighting so that Malawi offers a place where wildlife can thrive”.

Malambo was found with 22 pieces of raw ivory, weighing 64.905 kilograms and valued at about MK53 million. He was arrested at Mwami Border Total Filling Station in Mchinji in February, 2021.

Malambo, 48, comes from Livingstone City in Monze District in Zambia.

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