A Johannesburg-based firm representing a rhino rancher out on R100 000 bail, who is charged with arms and horn possession, says its client is the victim of an ‘unjust’ campaign. The firm argues the carcasses are the result of outside poaching and natural deaths.

  Derek Lewitton, a prominent advocate for legalising the international rhino horn trade, was released on bail by the Namakgale Magistrates’ Court in Limpopo on Wednesday, 10 January. 

  The rancher is charged with possessing 17 rhino horns, along with 16 “unlawful firearms” and ammunition. 

  However, Lewitton’s attorney, Maurice Crespi of the Johannesburg firm Schindlers Attorneys, told Daily Maverick that his client was being persecuted.

  Lewitton was arrested on Friday, 22 December, following a 16-hour investigation at a game farm near Phalaborwa outside the Kruger National Park, where law enforcement claimed to have found “26 unreported rhino carcasses”. 

  We have yet to see evidence that 26 rhino carcasses were found. The security company appointed to secure the farm since Mr Lewitton’s arrest has only found a handful.

  The operation involved a multidisciplinary task force and led to the seizure of horns valued at R10-million, as well as “unlawfully acquired” firearms “and hundreds of rounds of ammunition”, according to a 27 December statement by the South African Police Service (SAPS). 

  Not charged with rhino killings

  “At the outset, it’s important to note that the charges relate solely to the unlawful possession of firearms and rhino horns. The press release issued by the SAPS on 27 December created an impression that Mr Lewitton was involved in the illicit rhino trade and the killing of his own rhinos,” Crespi says.  

  “However, in our interactions with the investigating officers and the National Prosecuting Authority [NPA], there has yet to be a suggestion that this is indeed the case.” 

  Asked why 26 rhino carcasses were reportedly found on the farm and what the cause of death was, Crespi said: “We have yet to see evidence that 26 rhino carcasses were found. The security company appointed to secure the farm since Mr Lewitton’s arrest has only found a handful.”

  From a logical standpoint, a farm owner harbouring dubious motives concerning rhino horns would find it more advantageous to maintain the rhinos’ lives…

  Pressed to clarify what “a handful” of carcasses would equate to in actual numbers, Crespi said that “shortly after Mr Lewitton’s arrest, during our communication with the security company, they reported finding only four rhino carcasses”.

  However, he cites a “high likelihood of more existing”. 

  “In instances of poaching or natural death, a rhino’s carcass is typically left at the site of demise. Taking into account that a ‘carcass’ includes the bones of a deceased rhino, the actual count could be significantly greater,” Crespi says. “However, we question whether the SAPS were actually referring to carcasses that consisted solely of bones.”

  Poaching a ‘regular’ problem on the farm

  According to Crespi, “poaching on the farm occurs regularly. The majority of the carcasses found on the farm relate to poaching incidents that have all been reported to the SAPS. The others are deaths by way of natural causes. Our client has case numbers for each poaching incident. The substantial growth in the rhino population on the farm, a direct result of Mr Lewitton’s diligent stewardship, clearly contradicts any allegations of his involvement in the deaths of these animals.”

  Additionally, the attorney argues that, “from a logical standpoint, a farm owner harbouring dubious motives concerning rhino horns would find it more advantageous to maintain the rhinos’ lives, opting for periodic horn trimming, rather than resorting to killing them for their horns”. 

  A Directorate for Priority Crime Investigation (Hawks) statement confirms that Lewitton is facing only horns, arms and ammunition charges.

  “Given that the SAPS has found no complaints about any carcasses on the property, it is evident that all poaching incidents, which account for the majority of the carcasses, have been duly reported,” Crespi says. “The insinuations in the press release appear to have been deliberately designed to unjustly accuse Mr Lewitton of being involved in these deaths.”

  ‘We have submitted all licences’

  It is legal to sell rhino horn in South Africa’s domestic market. 

  Crespi says his client “was in possession of horns in anticipation of their processing by the authorities, which takes place on a monthly or bi-monthly basis, depending on their availability. This practice has been ongoing for years.”

  Crespi notes that, with respect to the firearm charges, “we have submitted all licenses as attachments to the affidavit supporting the bail application”.  

  The Lewittons’ website says that Derek and his wife, Xenja, are “responsible for hundreds of rhino on thousands of acres of wild African land” through Black Rock Rhino Conservation, a ranching business.

  Mr Lewitton has clearly made enemies in the wrong places, something he is all too aware of due to his activism directed at preserving South Africa’s rhino population.

  Crespi says Lewitton does not own the property, but “is actively pursuing the goal of owning the farm and has secured an option to purchase it. Currently, the farm and its owner benefit from Mr Lewitton’s efforts to minimise the number of rhinos that fall victim to poaching.”    

  ‘More at play here than a mere investigation’

  An earlier statement circulated by risk and compliance consultant James Brackenbury on behalf of Lewitton is authentic, according to Crespi, who says the SAPS statement, on the other hand, is “filled with inaccuracies”. 

“There is more at play here than a mere investigation and arrest in the ordinary course,” he says. 

  The US-educated rancher is well known within the private sector to have fought unsuccessfully for several years to trigger international trade in rhino horn, which is banned under the Convention on International Trade in Endangered Species (Cites). 

  “Mr Lewitton has clearly made enemies in the wrong places, something he is all too aware of due to his activism directed at preserving South Africa’s rhino population,” Crespi argues. 

  Despite reports referring to Lewitton as a US national, Crespi says: “Mr Lewitton was born in South Africa and is a South African citizen. On [Wednesday] 3 January, we presented his original birth certificate to the NPA. Despite this, they insisted they needed a week to confirm the authenticity of the document. This unwarranted delay resulted in Mr Lewitton enduring an extra week of incarceration.” 

  In the SAPS statement, Major-General Jan Scheepers, Limpopo’s deputy provincial commissioner, reported that a helicopter was dispatched to survey the property on 22 December, uncovering a scene reminiscent of a “slaughterhouse”. 

  “Everywhere you looked, there were rhinos lying dead,” Scheepers said. In addition to carcasses, some “unmarked rhino horns” were reportedly discovered in a safe “without paperwork”. 

This article was previously published in the Daily Maverick – Our Burning Planet