Iuze Mukube

A Zambezi resident, Sinvula Mwilima (31), who was sentenced to nine years in prison for dealing in protected wildlife products, has lodged an appeal in the High Court against sentence.

Mwilima was convicted for attempting to deal in two elephant tusks weighing 6.55kg and valued at N$5 989. He was also charged with unlawful possession of controlled wildlife products under the Controlled Wildlife Products and Trade Act 9 of 2008, as amended by Act 6 of 2017. 

He pleaded not guilty at the start of his trial, claiming he had reported the tusks to a person involved in wildlife matters to ensure authorities were informed of them.

He was arrested in November 2021 at Malengalenga in Linyanti Constituency and was sentenced at the Special Court in Katima Mulilo to 12 years’ imprisonment, with three years conditionally suspended.

Mwilima is appealing only against his sentence, arguing that it is too harsh, disproportionate, and induces a sense of shock. 

In his appeal, his lawyer Joseph Andreas, contended that the court failed to meaningfully consider mitigating factors, such as Mwilima being a first-time offender, married with two dependent children, supporting his family solely through fishing, and showing willingness to pay a fine of N$3 000 to N$4 000.

Andreas argued that the court’s focus on the seriousness of the offence, while giving little weight to these factors, constituted misdirection warranting appellate intervention. He requested the custodial sentence be reduced to four years, with two years suspended.

The state, represented by Johannes Mwatondandje Kalipi, opposed the appeal, asserting that the sentence fell within the trial court’s discretion and could only be overturned if it was vitiated by irregularity, misdirection, or if no reasonable court could have imposed it.

The High Court is expected to deliver its ruling on 10 October 2025.