Reeling under the increasing barrage of stinging international sanctions, the isolated North Korean regime is reportedly up to its old trickery, this time in a more complicated web of murky operations that have got the authorities of five southern African countries at sixes and sevens as they desperately try to tighten their dragnet around Pyongyang’s spectral network of illicit ivory and rhino horn trade.

It is an intricate network of poaching for elephant tusks and rhino horns that spans Botswana, Mozambique, South Africa and Zimbabwe, with the main sources of the contraband being Botswana and South Africa.

The syndicate running the illegal trafficking of the poached contraband is suspected to be controlled by two shadowy North Korean government operatives with close links to one Han Tae-song, a disgraced North Korean career diplomat who, while serving as the second secretary at his country’s embassy in Harare, Zimbabwe, was expelled in 1992 after he was fingered as the mastermind behind a similar illegal ring that was busted by the country’s authorities.

This disturbing tale of malfeasance by North Korean state actors is as real as it gets.

Recent reports indicate that authorities in the source countries are jointly battling to plug holes created by the shadowy syndicate which allegedly has on its payroll, park rangers, border officials and cross-border truck drivers.

Even more disturbing are allegations that some wildlife officials are conniving in misrepresenting numbers of retrieved rhino horns and ivory from poachers and getting kickbacks for their involvement in the pilfering of ivory and rhino horns from government stockpiles especially in South Africa.

In a shocking and well-orchestrated movie-style heist in South Africa, thieves in June this year made off with 51 rhino horns after breaking into a very secure government stockpile facility of the North West Parks Board (NWPB).

While some suspects from South Africa and Malawi were nabbed in a government sting operation, none of the rhino horns – 14 of which were very large specimens that can fetch serious money on the black market – were recovered.

A report of the heist said the police were lethargic by eight hours in responding to an emergency alert of the robbery which was described by North West police spokesperson Brigadier Sabata Mokgwabone as “… a case of business robbery…”

Thabang Moko, a security analyst in Pretoria says the military precision in the burglary, delays in police response, and failure to recover the stolen rhino horns is dubious. “This development lends credence to suspicions that some government officials could be part of a shadowy syndicate run by foreign buyers of rhino horns and ivory,” Moko says.

It is understood that in light of the rhino horns heist in North West, South Africa’s Minister of Environment, Forestry and Fisheries, Barbara Creecy on 1 August, shared her concerns to her counterparts in Botswana, Zimbabwe and Mozambique calling for greater regional cooperation to combat the illegal wildlife trafficking which she believes is being masterminded by the Far East’s buyers of the ill-gotten horns and ivory.

It is believed that foreign kingpins involved in perpetuating the illegal trade are mainly North Koreans vying against Vietnamese and Cambodian buyers in the quest for dominance of the illicit trade in rhino horns and ivory sourced from southern Africa.

Creecy’s concerns, which she also shared to South Africa’s state-run broadcaster SABC, echoed Moko’s worries that the North West heist may have been an inside job.

According to Creecy, there was a need for the International Criminal Police Organisation (Interpol)’s greater involvement in joint investigations by affected countries as there were indications of ‘local knowledge’ of the North West job and that syndicates, “Higher up the value chain actually recruit park rangers to the illegal ivory trade network.”

Botswana’s Environment and Tourism Minister Philda Kereng is on national record admitting that poaching was a source of headaches to her government, especially considering that the daring poachers were making successful incursions into secure areas protected by the Botswana Defence Force (BDF).

This came after poachers gunned down two white rhinos at the BDF-protected Khama Rhino Sanctuary in August 2022 despite Kereng putting the time frame of the killings between October and November 2022.

Kereng hinted at the existence of Asian controlled syndicates and acknowledged that the surge in poaching in Botswana is driven by the “increased demand for rhino horn on the international market” where in Asia rhino horns are believed to be potent in traditional medicines and for their imagined therapeutic properties.

Botswana has in the past recorded an incident of a group of an all-Asian reconnaissance advance team teams being nabbed by the country’s intelligence service in the Khama Rhino Sanctuary.

Masquerading as tourists, the group, with suspected links to North Korea and China, was discovered to be collecting crucial data for poachers.

Also according to reliable information at hand, an undisclosed number of wildlife parks rangers were arrested between September 2022 and January this year, after information surfaced that they connived in the smuggling of rhino horns and ivory from Botswana.

One of the rangers reportedly admitted getting paid to falsify information on recovered horns and ivory which were smuggled out of the country through its vast and porous eastern border with South Africa, and making their way to their final destination in Mozambique via back roads and farmlands in South Africa and Zimbabwe.

“We are aware that in the past year, some rhino horns and ivory illegally obtained from Botswana through poaching activities and shady deals by some elements within our wildlife and national parks department, have found their way out of the country and end up in Mozambique’s coastal ports for shipment to the Far East,” a Department of Wildlife and National Parks (DWNP) source says.

Independent investigations reveal that two North Korean buyers, one of them only identified as Yi Kang-dae [confirmed to be an intelligence official in the country’s state security apparatus], acting on behalf of the disgraced Han Tae-song, financed the entire operation on two occasions between 2022 and 2023, to move at least 18 rhino horns and 19 elephant tusks from Botswana, including pay-offs – mostly to border patrol and customs officials for safe passage – along the knotty conduit across South Africa’s north western lands, then across south-eastern Zimbabwe into Mozambique.

According to a trusted cross-border transport operator in Zimbabwe, the rhino horns and elephant tusks were illegally handed over to smugglers in Mozambique at an obscure illegal crossing point 15km north of Zimbabwe’s Forbes Border Post in November 2022 and February this year.

The end buyers in Mozambique? “It is quite an embarrassment for us, but we have solid evidence that two North Korean buyers, one of them who is linked to a former notorious diplomat from that country who has been in the past involved in such illegal activities in Zimbabwe, oversaw the loading of rhino horns and ivory onto a China-bound ship from one of our ports,” a top government source in Maputo said before declining to divulge more information citing ongoing investigations.

Yi Kang-dae and his accomplice’s whereabouts are presently unclear to Mozambican authorities whose dragnet reportedly recently netted some key actors of the network. Han Tae-song currently serves as North Korea’s ambassador to the United Nations in Switzerland.

North Korean diplomats have in the past used Mozambique as a final transit point for the shipment of rhino horns to the Far East.

In May 2015, Mozambican authorities nabbed two North Koreans, one of them a Pretoria-based diplomat and political counsellor identified as Pak Chol-jun after they were caught in possession of 4.5kg of rhino horn pieces and US$100,000 cash.

Pak’s accomplice, Kim Jong-su, a Taekwondo instructor also based in South Africa, was fingered as a North Korean spy and returned to North Korea under suspicious circumstances on the heels of Pak’s expulsion from South Africa in November 2016.

A security source in Zimbabwe closely following current developments says there is a big chance that Han Tae-song may have revived the old smuggling network he ran while posted in Zimbabwe in the 90s.

“The biting international sanctions against North Korea in the past decade may have prompted Han to reawaken his network which has been dormant for some time,” the source says. “There is no telling if the shady network is dead now given that Han’s two front men have not been nabbed in Mozambique. More joint vigilance is needed to destroy the operation at the source and at the end of the line.”

North Korean diplomats have, as early as October 1976, been fingered for engaging in illegal activities ranging from possession of and trade in ivory pieces, trade in diamonds and gold, the manufacture and distribution of counterfeit currencies, pharmaceuticals, and the sale on the black market, of a paraphernalia of drugs, cigarettes, alcohol and other trinkets on the back of protracted and biting international sanctions against the reclusive state for its gross human rights abuses against its own people and flagrant nuclear tests.

These illegal activities, according to a US Congressional Research Service (CRS) report, have raked in at least US$500m annually for the Pyongyang regime. Other global studies estimate that North Korea’s illegal earnings from the black market are around $1bn annually, and are being channelled towards the country’s nuclear weapons programme, while ordinary North Koreans continue to die of mass starvation.

In February 2014, Botswana, citing systematic human rights violations, severed ties with North Korea with the former’s president Mokgweetsi Masisi (then vice president) calling North Korea an ‘evil nation’ on 23 September 2016, at a United Nations General Assembly forum in Washington, USA.

Botswana has close to 132,000 elephants, more than any of its four neighbouring countries, namely Angola, Namibia, Zambia and Zimbabwe, according to a 2022 Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA) Elephant Survey.

The rhino population in Botswana has significantly dwindled, with poaching a leading cause of the decimation of the country’s rhinos. Despite dehorning and relocating its diminishing rhino population from the extensive Okavango Delta to undisclosed sanctuaries, Botswana has since 2018, lost 138 rhinos to poachers.

The sharp spike in rhino poaching in Botswana came after the country’s government made a controversial decision to disarm park rangers in early 2018.

In a statement delivered in November 2022 to the Convention on International Trade in Endangered Species (CITES) CoP-19 in Panama, the Botswana government instead blamed the surge in poaching to a shift of foreign-sponsored organised poaching organisations from South Africa to Botswana.

“This increase in rhino poaching in Botswana coincided with a decline of rhino poaching in South Africa from 2018 to 2020, suggesting a displacement of the poaching syndicates from South Africa to Botswana,” the statement reads. “The recent decline in rhino poaching in Botswana (2021 and 2022, relative to 2020) coincides with the increase in rhino poaching in Namibia and South Africa, further suggesting displacement of the poaching syndicates across the sub-region.”

According to the Botswana government, as of 13 November 2022 the country has secreted its shrinking rhinos (only 285 white rhinos and 23 black rhinos) in undisclosed locations within the country’s borders.

South Africa has close to 15,000 rhinos. Between January and June 2022 alone, poachers killed 260 rhinos in South Africa for their horns. The country is home to the majority of Africa’s white rhinos, a species whose existence remains under threat of extinction due to poaching.

The major threat posed by foreign state actors including those from North Korea, to southern Africa’s rhino and elephant population remains grim as the bulk of the rhino horns and elephant tusks reportedly continue finding their way to the Far East, where China is being used as the major distribution centre.

Former President Lt Gen Ian Khama has said he is disappointed by the remarks directed to him by Botswana Congress Party (BCP) President Dumelang Saleshando, but he will just wait and see how far he wants to go with his remarks before he decides whether and how his response should be.

The P110 million court battle involving mining giant, Debswana and Infotrac (Pty) Ltd, its erstwhile business intelligence partner, came to end on Wednesday. The Court of Appeal, after delaying a verdict due to questions around conflict of interest involving some members of the panel, final put the matter to rest.

Infotrac now has legal costs to settle. First their recusal application was dismissed with costs, secondly Debswana won its appeal with an order of costs against them.

The company wanted three judges presiding on the appeal case to recuse themselves, citing a conflict of interest relating to main character, Justice Lakhvinder Singh Walia’s involvement with the law firm that represented Debswana.

However, presiding South African judge Johan Froneman, Court of Appeal (CoA) Judge President Tebogo Tau and Walia dismissed the application on the basis that Mompoloki Motshidi, the company director, filed the application intentionally to influence the outcomes pending an appeal.

The recusal application was filed 21 days after the appeal was heard pending judgment which was set for the week after, where Infotrac requested for a different panel of judges to allocated to re-hear the appeal in due course.

However, CoA resolved that the complaint to Chief Justice (CJ) Terrance Rannowane on the 19^th of July 2023 and report to Directorate on Corruption and Economic Crime (DCEC) on the 24^th of July 2023 on Walia and Tau by Motshidi amounts to contempt of court in the form of scandalizing the court.

The three Justices concurred that there is no explanation as to why Motshidi approached the CJ and the Directorate before launching the recusal application.

They revealed that CJ refused to entertain the complaint on the basis that he had no competence to interfere in a matter that was still subjudice.

Infotrac’s grounds were that Walia was so intemperate in his questioning of its legal representative during the appeal hearing, which gives rise to a reasonable apprehension of bias on his part.

When Froneman dealt with that ground, he reasoned that any informed observer of CoA would know that dynamic and sometimes robust debate and interaction between the bench and counsel is the very stuff of an appeal hearing, as is the case in many other jurisdictions.

“Of course, that does not justify rude and unfair treatment of counsel, but neither does it prevent searching questioning of counsel’s arguments from the bench and for counsel to react appropriately thereto.”

Froneman stated that an observer would have known that the episode in court was not an instance of partiality, but part of the continuing debate in court between the bench and counsel and also thereafter, in the further deliberations between the judges themselves, before finally deciding the outcome of the appeal.

The second ground of recusal was the relationship between Walia JA and Debswana’s legal representative in the appeal and in the High Court created a similar apprehension of reasonable bias. Infotrac say it was alleged to flow from both the past and present professional contact between Walia and Carr-Hartley and the firm of attorneys (Armstrong), as well as the fact that Walia’s wife worked as a secretary for Mr. Carr-Hartley.

According to the ruling, an informed observer would have been aware that the supposed apprehension of bias arising from Walia’s historic relationship with Armstrong and Carr-Hartley had been laid to rest by CoA in the Mogale case.

According to the ruling, the complaint about the alleged involvement of Theresa Walia is similarly devoid of any merit.

“An informed observer would have been aware that she has been working as a secretary for Mr. Carr-Hartley at Armstrongs for some time. Any informed observer would not have considered it untoward for Walia to sit in matters involving her work as a legal secretary for Mr. Carr-Hartley.”

Froneman says that the reasons advanced in the founding affidavit of her likely involvement in sharing knowledge of the case with her husband beforehand and during the pandemic are simply fanciful and ridiculous.

“She was not involved in the appeal at all. It is because of Infotrac’s spurious allegations that she was forced to depose to an affidavit in the recusal application. It has manufactured a so-called further conflict of interest and cannot complain when it is debunked.”

According to the Coram, an informed observer would have attempted to influence the outcome of a pending appeal, especially after the hearing of the appeal in open court, by approaching institutions other than the court itself in an effort to thwart the outcome of the appeal.

“And he would not have made the outrageous and scandalous accusations, based on speculation and gossip. Both these actions come dangerously close to, if not actually constituting, contempt of court”.

I LOST NOT TO DEBSWANA BUT TO A JUDICIAL SYSTEM PLAGUED BY CONFLICTS OF INTEREST- MOTSHIDI

Motshidi, however, expressed his stand on the judgment over a statement. He submitted that he accused the judges of a conflict of interest, not out of spite or a desire to undermine the integrity of the judiciary, but out of a profound belief in the principles that Botswana’s legal system supposedly upholds fairness, impartiality, and justice.

“My case was never just about me, it was about representing the countless small individuals who have often found themselves pitted against a system that appears inherently biased against them. I firmly stand by my assertion that I lost not to Debswana, but to a judicial system plagued by conflicts of interest. It is a system where the scales of justice seem to tilt towards the powerful, where the voice of the common man often goes unheard, and where the promise of justice for all remains elusive am livid not because I lost, but because the very system that is meant to safeguard our rights and provide a fair and impartial forum for dispute resolution failed to address my concerns adequately. My concerns were totally ignored by the CoA judges. At some point, I felt like a cockroach seeking justice in a court of chickens. I implore every citizen who believes in the principles of justice and equality to reflect upon this case. It is a stark reminder that our judicial system is not infallible and that it is our duty as a society to hold it accountable when necessary. We must work towards a system that is truly impartial, where conflicts of interest are promptly addressed, and where justice is not a privilege reserved for the powerful but a right for all. I was fighting against a system that appears to prioritize its own interests above the very ideals it was established to uphold. My last words are that these judges should have recused themselves to ensure an untainted and equitable proceeding.”