Tulani Ngwenya
Masvingo, Zimbabwe – High Court Judge, Justice Zisengwe, has come to the rescue of Philip Dzokurasa, a local man facing a nine-year mandatory sentence for the unlawful possession of a Python skin. The judge ruled that the lower court had erred in its application of the law, leading to an unjustifiably severe sentence for the accused.
Dzokurasa, already serving a nine-year term, was convicted in a magistrates court for the offence of unlawful possession of the trophy of a specially protected animal, a python, in violation of the Parks and Wildlife Act. He openly admitted to being found in possession of python skin and fat by game rangers, stored in a sack in his bedroom.
The lower court justified the harsh nine-year sentence based on the Act’s mandatory minimum punishment for such offences. However, Justice Zisengwe pointed out a critical error in the application of the law. The judge emphasised that the python was not explicitly listed as a specially protected animal under the Act, and therefore, the mandatory minimum sentence did not apply to this case.
Quashing the original sentence, Justice Zisengwe explained, “The expression of one is the exclusion of others,” highlighting the absence of pythons from the list of specially protected animals in the Act. He asserted that the incorrect reference to a specific section of the Act in the charge warranted correction.
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Acknowledging the seriousness of the offence, Justice Zisengwe stated, “The incessant killing of pythons, not infrequently under the guise of that reptile’s purported supernatural powers, remains a serious concern.” Despite this, the judge exercised discretion and substituted the nine-year sentence with a more proportionate two-year prison term.
In his final ruling, Justice Zisengwe ordered that the accused be promptly informed of the alteration of his sentence. This decision not only corrects the misapplication of the law but also ensures a fair and just outcome for Philip Dzokurasa, sparing him from excessively long imprisonment for the possession of python skin and fat.
