16 Nov 2021

The inquest into the deaths of three Namibians and a Zambian kicked off in earnest at the Kasane Magistrate Court Monday with the prosecution calling six of the expected 22 witnesses.

The deceased,  Namibians Martin Nchindo, Ernest Nchindo, and Tommy Nchindo as well as Sinvula Munyeme of Zambia, were shot in a Botswana Defence Force (BDF) anti-poaching operation on November 5, last year.

Taking the court through the events of the day, a Kasane Police radio operator Constable Wanani Kenosi said around 8pm on the day in question, she received an anonymous call to the effect that there were two canoes near Chobe Chilwero Lodge.

She said the caller, a male who spoke in English and not fluent Setswana, further told her that the canoes were occupied by four armed men who appeared to be poachers and were heading towards the Botswana side.

Cst Kenosi said the call was cut off before she could get the caller’s names and that her efforts to call him back were fruitless.

“As the caller referred to armed poachers, my  colleague, Inspector Josiah, and I decided to inform the Criminal Intelligence Branch and commander, Detective Superintendent Amos Mothatego.”

Corroborating Cst Kenosi’s evidence, Detective Supt Mothatego said he tried in vain to call back the informant to get directions to the place the suspected poachers were spotted.

Supt Mothatego told the court that he then informed BDF through one Sergeant Phakedi.

He said upon resuming duty around 7.30am on November 6, he was informed of a contact shooting in the Sedudu area the previous night.

Supt Mothatego said he accompanied the officer commanding, one detective Assistant Superintendent Fani and Insp Josiah to the scene where they found two male motionless bodies in one canoe, another immobile body in the other with a fourth body lying on the Chobe River bank.

“In one of the canoes we also found a 12.5 kg A1 maize meal bag containing three small elephant tusks, a long spear and a canoe paddle, while in the second canoe, that was near the motionless body on the riverbank, was another long spear, about 2.5metres long and a paddle,” he said.
He said only two cellphones were found in the deceased’s clothes but no identification.
The bodies were then taken to Kasane Primary Hospital where they were confirmed dead.

For his part, Lieutenant Moreri Mphela, who was the platoon commander of the two sections that came upon the men, told the court that upon being informed  by Kazungula Ferry Headquarters of four armed men spotted in the Chobe National Park at night, he in turn informed all Sedudu Base Camp sections.

He said he then identified six soldiers and joined them to go to the area where the alleged poachers were spotted.

Lt. Mphela said he ensured that the six soldiers had the minimum required ammunition for such a task, reminded them of the assignment at hand before taking off, advised that their guns should be ready for shooting and that whatever they did should be in line with Standard Operating Procedures (SOPs).

“The SOP gives guidance on what should be done and when and in that particular incident, the SOP was that should there be shooting from the enemy, the soldiers should without any further command, retaliate to protect themselves.

Anti-poaching missions are dangerous, especially as poachers are mostly armed, and have previously killed a number of soldiers on similar missions, which was why I reminded the section of the SOPs,” he told the court.

He said they left around 9pm in two speed boats, four in one boat and three in the other,  and that he operated the night scan device.  

Lt. Mphela told the court that they spotted the two canoes after 45 minutes, some 25 metres away, with two men in each.

He said he shouted an order for them to stop but instead a shot rang out from the men’s direction.  

The court heard that without any further command from him, the soldiers fired back with shooting lasting a few seconds after which he realised there was no movement in the two canoes.

Lt. Mphela said the soldiers then approached the canoes and found all four men lying motionless.

Using their boat, they pushed one canoe to the river bank as it was drifting away, he said.

He said a pair of pliers and a black plastic container were also found in one of the canoes.

“There is a possibility the gun fell into the river,” he said when prosecutor, Directorate of Public Prosecutions (DPP) deputy director general Mr Wesson Manchwe asked him why no gun was found if indeed there was any shooting by the men.

He explained that the incident happened on the Chobe River southern channel near Sedudu Island on the Botswana side where a Department of Wildlife and National Parks borehole was located, about 2km from the BDF base camp.

Following the court’s visit to the scene, Mr Manchwe asked Lt Mphela how many night viewing devices they had and he stated three.

“However, one of the devices was faulty,” he explained.

That explanation did not escape the attention of one member of the audience, a certain Mr Simvula Mudabeti from Namibia, who wanted to know how the soldiers were able to shoot without working night viewing devices.

“Two devices were working, but again we shot randomly in the direction the shot came from,” Lt. Mphela responded.

A somewhat emotionally charged Mudabeti continued: “Did the investigators take the guns that were used for ballistic forensics? Did the soldiers respond in line with the SOP and did they use necessary force as per the SOP?”

Lt. Mphela said he was confident his men responded accordingly given the circumstances.

“I wonder if no movement beyond 1800hrs (in the park) gives BDF permission to shoot people…”  said Mr Mudabeti to no one in particular, prompting the magistrate to advise that people should refrain from making statements but stick to asking questions.

Lt. Mphela said police and other people he suspected to be plainclothes officers conducted the search of the two canoes.

Next on the stand was Sergeant Ndingzano Mfazo of the BDF Scuba Diving team.

“Myself and one staff sergeant Balisi Bolotsang were on the 6th of November 2020 assigned by Lt. Mphela to go and search for a gun believed to have fallen into the Chobe River. The search started around 4pm and it took about 30 minutes.

We looked for the gun to no avail, and adjourned the search as it was late, with the intention to continue the following day.”

However, when the search was supposed to resume, the searchers were instructed to wait for Namibian scuba divers who would be joining them.

The Nambian team, led by a chief inspector, only arrived on November 19, some 13 days later.

The divers, three in all, were each paired with a BDF diver to search an area measuring about 5Om2.

“The first team dove, but hippos came around while they were still under, and the Namibian leader ordered the search to stop as he said it was unsafe to continue,” he said.

When asked by Mr Manchwe how much of the demarcated area had been searched at the time they were instructed to stop, he said only about half had been covered.

Further asked how the situation under water was, Sergeant Mfazo painted a scary picture.

“It was visually impenetrable, muddy, and there were holes in the ground. The river was flowing and there many water animals making the task very difficult.”

In response to Mr Manchwe’s question on what they were using to search for the gun, he said they used their hands to grope around.

“Our Namibian counterpart however had a tool that they said was a metal detector and which the one I was paired with used under water,” he said.

The Chobe River is estimated to be up to five metres deep where the incident took place.

Yet another witness, Staff Sergeant Bolotsang, identified the Namibian scuba divers as Chief Inspector Oto, Warrant Officer II Nambolo, Warrant Officer Simonda and Warrant Officer II Varies, all Namibian Police Force (NAMPOL) members.

The inquest, which is presided over by Northern Regional Magistrate Taboka Mopipi, continues until November 26.

Other members of the prosecution team are Mr Kabo Leinaeng, another DPP deputy director general and assistant director of prosecutions, Ms Thato Dibeela. Ends