The IWT in the Courtroom Zambia Trends Report 2017_2024

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ILLEGAL WILDLIFE TRADE IN THE COURTROOM:

ZAMBIA TRENDS REPORT 2017 – 2024

CONSERVE W LDLIFE”

FIGURES AND TABLES

Figure 1: Number of court cases monitored (2017 – 2024) 7

Figure 2: Number of accused persons (2017 – 2024) 8

Figure 3: Number of accused persons (2017 – 2024) 8

Figure 4: Number of Accused Persons by Age (2017 – 2024) 8

Figure 5: Nationality of non-Zambians accused of illegal wildlife and timber trade (2017 – 2024) 9

Figure 6: Number of Offences (2017 – 2024) 10

Figure 7. Number of offences concluded by courts and locations of Legal Assistants (2017 – 2024).

Figure 8: Number of offences to which guilty pleas and not guilty pleas are given – disaggregated by type of offence.

Figure 9: Number of offences for which bail or bond was granted

Figure 10: Number of offences with bail or bond granted and their outcomes 14

Figure 11: Conviction Rate of Wildlife Cases (2017 – 2024)

Figure 12: Conviction Rates for Cases Involving Elephant Ivory, Pangolin and Bushmeat (2017– 2024)

Figure 13: Conviction Rate by Tier Level (2017 – 2024)

Figure 14: Convicted offences & conviction rates by courts, and locations of Legal Officers (2017 – 2024).

Figure 15: Custodial Sentencing Rate (2017 – 2024)

Figure 16: Trend of Average Custodial Sentence in Months Over Time (2017– 2024)

TABLES

Table 1: Conviction Rates for Cases Involving Elephant Ivory, Pangolin and Bushmeat (2017 – 2024)

Table 2: Fined offences

Table 3: Average length of court case where there was a ‘not guilty’ plea for various offences (2017 – 2024)

Table 4: Types of Legal Representation and Outcomes

EXECUTIVE SUMMARY

This report provides an analysis of wildlife crime prosecution trends in Zambia from 2017 to 2024.

The data, compiled by the Wildlife Criminal Justice (WCJ) team of Wildlife Crime Prevention (WCP) in collaboration with the Department of National Parks and Wildlife (DNPW) and the National Prosecution Authority (NPA) under Memoranda of Understanding (MoU), encompasses 4 765 court cases, involving 10 776 offences and 8 365 offenders monitored across 56 subordinate courts in Zambia.

The analysis aims to identify trends in conviction rates, custodial sentence lengths, and the effectiveness of initiatives in supporting effective prosecutions.

KEY FINDINGS:

Conviction Rate Trends:

The overall conviction rate for wildlife offences between 2017 – 2024 was 79%, with the annual rates ranging from 65% to 87%. There has been an overall upward trend in conviction rates from 2017 to 2024, despite some fluctuations, including a dip in 2020, possibly due to the COVID-19 pandemic and associated disruptions to court operations.

Offender Demographics:

Most individuals accused of wildlife crimes were self-employed (75.4%), male (93%), and Zambian citizens (98%). The most represented age group was 35 to 44 years old. This data suggests socioeconomic factors play a significant role in involvement in wildlife crime.

Case Outcomes and Legal Representation:

A significant majority (96%) of accused persons had no legal representation. Conviction rates were higher for those without representation, while acquittals and discharges were more frequent for those with legal aid or private counsel.

Tiered Offender Analysis:

Conviction rates were generally high but varied across offence tiers. Tier 1 (Subsistence poachers) had the highest conviction rate at 89%, followed by Tier 3 (Regional Syndicates) at 79% and Tier 2 (Commercial poachers) at 75%. In contrast, Tier 4 offenders (International Syndicates) had a significantly lower conviction rate of just 17%. This disparity underscores the challenges in successfully prosecuting high-level organized crime figures. However, it is important to note that the number of Tier 4 cases was relatively small, which may influence this result.

Pre-Trial Detention:

A significant majority of accused persons were not granted bond or bail, with variations observed across offence types. While 27% of total offences had bail or bond granted, those who were detained pre-trial showed a higher likelihood of conviction, highlighting a potential area for further scrutiny regarding equitable application of pre-trial detention.

WCJ Programme Impact:

Programmes implemented by the WCJ team, including rapid-reference guide workshops, magistrate field visits, docket reviews, courtroom monitoring and ongoing mentorship, have notably improved Zambia’s capacity to prosecute wildlife cases effectively and to sentence offenders appropriately. These programmes have fostered collaboration between law enforcement, prosecution, and the judiciary, leading to enhanced evidence handling and legal proceedings.

INTRODUCTION

Zambia, renowned for its rich biodiversity and extensive protected areas, faces significant challenges in combating the illegal wildlife trade. This illicit activity threatens iconic species, undermines national security and deprives local communities of sustainable economic opportunities.

To effectively address this crisis, a robust legal framework and a capable judicial system are essential. This report, “Illegal Wildlife Trade in the Courtroom: Zambia Trends Report 2017 – 2024,” provides an analysis of wildlife crime prosecution trends in Zambia over the past eight years.

This report examines data compiled by the Wildlife Criminal Justice (WCJ) team of Wildlife Crime Prevention (WCP), in close collaboration with the Department of National Parks and Wildlife (DNPW) and the National Prosecution Authority (NPA) under formal Memoranda of Understanding (MoU). The data encompasses 4 765 court cases, involving 10 776 offences and 8 365 offenders monitored across 56 subordinate courts throughout Zambia. This extensive dataset offers a unique opportunity to assess the efficacy of current legal strategies,

FOREWORD

identify patterns in prosecution and sentencing and evaluate the impact of targeted interventions.

The report aims to provide key stakeholders – including government agencies, law enforcement, the judiciary, conservation organizations and the public – with valuable insights into the state of wildlife crime prosecution in Zambia. By analyzing trends in conviction rates, custodial sentence lengths, offender demographics and the impact of WCP initiatives, this report seeks to inform policy development, enhance operational strategies and strengthen interagency collaboration. Ultimately, this analysis contributes to the broader goal of safeguarding Zambia’s natural heritage and ensuring a more secure future for its wildlife.

I am honoured to present this foreword to the Wildlife Criminal Justice Trends Report (2017 – 2024), a vital analysis reflecting the collaborative efforts of Wildlife Crime Prevention, the Department of National Parks and Wildlife and the National Prosecution Authority in combating wildlife crime in Zambia.

This report meticulously details our progress in prosecuting wildlife offences, showing a clear upward trend in conviction rates, which underscores our growing effectiveness. The detailed data, representing nearly 5,000 cases and thousands of offences, highlights both the challenges we face and our dedication to overcoming them.

The success of our collaborative initiatives, such as rapid-reference guide workshops and magistrate field visits, has been particularly impactful, strengthening the crucial synergy between law enforcement, prosecutors and the judiciary. These efforts have enhanced evidence handling and streamlined proceedings and ensured more consistent sentencing.

While we celebrate these achievements, we also recognize the ongoing challenges, particularly with complex, organized crime cases. We remain committed to enhancing our capabilities, ensuring legal representation for all, and adapting to evolving trafficking trends.

I commend everyone involved in this report and reaffirm the National Prosecution Authority’s dedication to working alongside our partners to protect Zambia’s natural heritage for future generations.

Mr Gilbert

June 2025

METHODOLOGY

Based on eight years of courtroom monitoring (2017–2024), this report details the work of the nine-member WCP Wildlife Criminal Justice (WCJ) team, composed of qualified Zambian lawyers. Operating under MoUs with DNPW and NPA, the team monitored wildlife-related cases in 56 subordinate courts in Zambia.

Through regular docket and case reviews with law enforcement, the team continuously analyzes the legal system to identify and implement solutions for accurate and uniform application of the law. Located in Lusaka, Chirundu (in association with Conservation Lower Zambezi), Chipata, Kitwe, Livingstone, Mpika and Mumbwa, the Legal Officers monitor wildlife and forest crime cases, both physically and remotely.

We analyzed key metrics from 2017 to 2024 to identify potential trends in wildlife crime prosecutions in Zambia. Exploratory data analysis techniques were used to examine, investigate and summarize the primary features of the datasets.

Conviction Rate refers to the percentage of cases where the accused is found guilty of the offence. It is calculated by dividing the number of convictions by the total number of concluded cases.

Conviction Rate by Product Type refers to the percentage of convictions related to specific types of wildlife products (e.g., elephant ivory, rhino horn) compared to the total number of cases involving those products.

Custodial Sentence refers to the penalty where the convicted person is sentenced to imprisonment.

Pre-trial conference refers to meetings and discussions that may occur before a trial, such as conferences between investigators and prosecutors to review witness statements, manage prosecution evidence and address court procedural issues.

Tier Level refers to classifying individuals based on their criminality. A higher tier typically indicates an individual’s level of involvement in illegal wildlife trade. On the other hand, tier five refers to law enforcement and corrupt government officials involved in IWT.

Plea Bargain refers to the agreement between the prosecution and the accused where the accused pleads guilty to a lesser charge in exchange for a lighter sentence or other concessions.

Acquittal refers to the legal judgment that finds the accused not guilty of the charges brought against them.

No-Charge Offence is when charges are not filed against an individual, often due to insufficient evidence or other legal reasons.

Guilty Plea refers to the formal admission by the accused of the charges against them, which can influence the sentencing outcome.

Not Guilty Plea refers to the formal declaration by the accused that they did not commit the offence they are charged with, leading to a trial to determine their guilt or innocence.

Discharged refers to the legal outcome where the accused person is released after the court finds that there is insufficient evidence against the accused person for the offence he or she has been charged with. This is not a bar to a subsequent charge on the same facts.

The data presented in this report may not be fully representative of all wildlife prosecution cases in Zambia, as it is derived solely from cases monitored by WCJ. However, since WCJ monitors many cases the findings are considered an accurate representation of the national picture.

PROSECUTION TRENDS

Successful wildlife law enforcement relies on effectively prosecuting wildlife offenders. Investments in enforcement efforts are wasted if cases do not result in convictions and appropriate penalties (Akella & Allan, 2012). This section examines trends in wildlife crime prosecution in Zambia as monitored by WCJ to better understand the state of wildlife trafficking in the country.

THE

BIG PICTURE

(Cases Monitored 4 765)

CONCLUDED OFFENCES

CONVICTED

CONVICTION

months

AVG TIME

AVG TIME

months

AVG TIME

months

1 CASES MONITORED

WCP monitored 4 765 wildlife cases in Zambia between 2017 and 2024, with the annual number of monitored court cases fluctuating from 94 to 835. Figure 1 illustrates an upward trend in monitored cases between 2017 and 2019, a subsequent decrease from 2019 to 2022, and then an increase in 2023. The year 2023 saw the highest number of monitored cases in the past seven years at 835, representing a 36.7% increase from the 611 cases monitored in 2022.

In 2017, the Wildlife Criminal Justice (WCJ) legal programme commenced with three officers monitoring wildlife cases in 14 courts, resulting in a limited number of monitored cases. Following 2017, the WCJ team expanded its operations, increasing legal officers from three to nine and extending coverage to more courts across Zambia’s 10 provinces. This expansion led to a significant increase in monitored and reported wildlife cases. During the COVID-19 pandemic in 2021 and 2022, monitoring likely decreased due to a reduction in arrests and organized criminal activity. By 2023, the programme covered 56 courts, and courtroom monitoring evolved beyond observation to include facilitating pre-trial conferences, reviewing dockets and assisting with submissions in select cases. This evolving role led to a partnership between WCP and the NPA, formalized through an MoU.

Increased wildlife crime case monitoring between 2017 and 2019 stemmed from greater law enforcement efforts due to enhanced support and increased courtroom oversight facilitated by a larger WCJ staff. The varying number of wildlife crime cases monitored between 2019 and 2024 reflects fluctuating trends in law enforcement, potentially influenced by evolving law enforcement strategies, changes in reporting mechanisms, or shifts in the occurrence of wildlife crime.

Figure 1: Number of court cases monitored (2017 – 2024)
Photo credited to Mana Meadows

2 ACCUSED PERSONS

From 2017 to 2024, a total of 8 365 individuals were accused of wildlife crimes in cases monitored. The annual number of accused persons varied considerably, ranging from 222 to 1 345, with an average of 1,045 and a standard deviation of 371 The data showed an upward trend between 2017 and 2019, mostly due to increases in effort as explained above, followed by a downward trend from 2019 to 2022 during the years of the COVID-19 pandemic.

In 2023, there was a significant 24% increase from the previous year, which was then followed by a 13% decrease in 2024 (Figure 2). These later fluctuations in the number of accused individuals may be linked to shifts in law enforcement strategies, crime prevalence, and various social and economic influences as noted in relation to the number of cases monitored above.

2: Number of accused persons (2017 – 2024)

Figure 3: Number of accused persons (2017 – 2024)

2.1 Occupation of Accused Persons

The data indicates that a significant majority (73%) of individuals accused of wildlife crime are self-employed, while 21% are unemployed. Only a small fraction (6%) held formal employment at the time of their arrest. This distribution suggests a strong correlation between involvement in wildlife crime and a lack of formal employment, implying that most offenders may originate from lower socioeconomic backgrounds. In the Zambian rural context, "self-employed" typically refers to individuals engaged in small-scale farming on their own land. This distinction is important to avoid misinterpreting "self-employment" as encompassing high level entrepreneurship and the operation of larger businesses.

2.2 The average age of accused persons

Between 2017 and 2024 in Zambia, the majority of those accused of wildlife crime were aged 35 to 44, with the 25 to 54 age range representing the most involved demographic. This group often carries substantial financial responsibilities for family. During this time, 1% (119 individuals) of those implicated were juveniles (under 18), and 2% (200 individuals) were elderly (65 years or older). Wildlife crime syndicates may exploit vulnerable juveniles and the elderly, luring them from impoverished areas with deceptive offers. Youth are influenced by adults, often unaware of legal consequences, while isolated, financially struggling elderly may be coerced into wildlife trafficking roles.

Figure 4: Number of Accused Persons by Age (2017 – 2024)
Figure

2 ACCUSED PERSONS

2.3 Gender of Accused Persons

Men were predominantly involved in wildlife crime activities representing 93% of accused persons, while women only represented 7%. The high rate of male involvement in wildlife crime can be attributed to a combination of social, cultural, physiological and biological factors. Wildlife crime often involves physically demanding and risky activities, such as going to a national park to poach and taking risks to traffic wildlife products from one point to another, which are traditionally more acceptable to men than women. Moreover, cultural and socio-economic factors in many regions may compel men, often viewed as the primary breadwinners, to engage in these illegal activities for financial gain. Conversely, women may have lower involvement due to societal roles and the associated risks of participating in wildlife crime.

2.4 Nationality of Accused Persons

During the period under review, 98% (n = 8,199) of individuals prosecuted in Zambian court cases related to wildlife and forest crimes were Zambian citizens, while only 2% (n = 161) were foreign nationals.

Although the majority of those intercepted were Zambian, there was some data indicating cross-border involvement, mainly from neighboring countries including the Democratic Republic of Congo, Mozambique, Zimbabwe, Malawi, Angola, Namibia and Tanzania. Notably, foreign nationals from outside Africa were also implicated in Zambia’s illegal wildlife and timber trade. The presence of non-African foreigners suggests that individuals operating at higher levels within the illegal wildlife trade supply chain may be facilitating these activities while avoiding detection.

Figure 5: Nationality of non-Zambians accused of illegal wildlife and timber trade (2017 – 2024)

3 OFFENCES

A total of 10 776 offences were monitored nationwide between 2017 and 2024, averaging 1 347 offences charged per year with moderate variability (standard deviation of 504). Due to the increase in WCJ staff capacity, monitored offences increased significantly from 2017 to a peak in 2019 before declining in 2021.

This decline may be attributed to factors such as reduced wildlife crime, law enforcement changes or external events like the COVID-19 pandemic. The trends in monitored cases, individuals involved, and offences likely share common underlying causes. Following the decline, and with no changes to the WCJ staff capacity, monitored offences rose from 2022 to a high in 2023, after which they decreased in 2024 but remained above 2022 levels.

Figure 6: Number of Offences (2017 – 2024)

OFFENCES CONTINUED

3.1 Concluded Offences

From 2017 to 2024, Zambian courts concluded cases for 7,170 offences. Figure 7 illustrates the distribution of these concluded offences across different courts. The size of each bubble on the map corresponds to the number of concluded offences in that specific court; larger bubbles indicate a higher number, while smaller bubbles indicate a lower number. Notably, Mpika, Mumbwa, Kaoma and Chirundu courts had a higher number of concluded offences, followed by Chongwe, Lusaka and Kalulushi courts.

Figure 7. Number of offences concluded by courts and locations of Legal Assistants (2017 – 2024).

The variations in concluded offences per court resulted from several factors:

Quicker disposal of cases – Several courts, including those in Mpika, Mumbwa, Kaoma, Chirundu, Chongwe, Lusaka and Kalulushi, resolved cases more rapidly. This could be attributed to their lower wildlife caseloads, nature of offences, number of guilty pleas and availability of witnesses to attend hearings. Consequently, a significant number of wildlife offence cases were concluded. Cases involving less severe penalties, such as unlawful possession of government trophies, illegal entry into national parks, unauthorized possession of firearms and ammunition, and unlawful removal of vegetation within national parks, often resulted in quicker resolutions due to accused persons readily admitting guilt.

Some magistrates proactively expedited court proceedings, preventing unnecessary delays in case resolution.

Availability of witnesses allowed cases to be disposed of quickly even in instances where the cases went to trial and the offences carried stiffer penalties if convicted.

The significant number of accused individuals lacking legal representation in these areas reduces the duration of case resolutions.

Good coordination among the courts, law enforcement officers and other stakeholders in the region ensured that court cases were expedited.

Concluded offences

Location of Legal Officer(s) Provinces

Certain courts conclude a high number of cases, which correlates with a high volume of offences charged in their jurisdictions. Areas near protected areas, including Mpika, Mumbwa, Kaoma and Chirundu, experience potentially high levels of wildlife crime. These crimes include poaching, illegal possession of government trophies, unlawful entry into national parks, illegal possession of firearms and ammunition, and the unauthorized removal of vegetation within national parks.

Mwinilunga

4 PLEA PATTERNS BY OFFENCE TYPE

Figure 7 illustrates the distribution of guilty and not guilty pleas across a range of offences, revealing notable variation in plea patterns depending on the nature of the offence. Overall, approximately 58% of cases involved not guilty pleas, while in 42% of cases the accused pleaded guilty.

This relatively low guilty plea rate is striking when compared to jurisdictions such as the UK. While structural and procedural differences between Zambia and more developed legal systems must be acknowledged, increasing the guilty plea rate could contribute to improved judicial efficiency and faster case resolution. For instance, expanding the use of plea bargain agreements could serve as a practical step towards disrupting IWT syndicates and help reduce case backlogs.

Zambia’s Wildlife Act No. 14 of 2015 enumerates several serious offences, particularly those involving high-value wildlife products. offences such as the illegal possession of protected animals or trophies (s130(1)), possession of prescribed trophies (s130(2)) and the unlawful hunting or trafficking of elephants and rhinos (s127(2)) are frequently met with not guilty pleas and proceed to trial. This trend is likely driven by the mandatory minimum sentence of five years for such offences, which motivates accused persons to challenge the charges in court. Nonetheless, some offenders still enter guilty pleas, likely due to the presence of compelling evidence against them and the hope of receiving a more lenient sentence by avoiding protracted legal proceedings.

In contrast, offences carrying lower penalties – typically a fine or a short custodial sentence in default of payment –show a somewhat different pattern. For example, the offence of illegal possession of government trophies (s129(1)), commonly linked to bushmeat cases, carries a maximum fine of ZMW240,000 (approximately US$8 500) and a custodial sentence of up to 7 years (but often a lot lower)

if the fine is unpaid. Similarly, unlawful hunting using traps or snares (s070) also carries relatively modest penalties. Despite these lower consequences, the majority of these cases still result in not guilty pleas, though guilty pleas are sometimes observed, especially where evidence is strong or accused persons seek expedited resolution.

Firearm-related offences under the Firearms Act, Chapter 110 show a different trend. In these cases, 62% (n = 1 171) of accused persons entered guilty pleas. This may be due to the relatively light penalty – a maximum fine of ZMW48,200 (US$1 700) or a custodial sentence between a day to 15 years in default – which may disincentivize prolonged contestation. The remaining 38% (n = 725) of cases involved not guilty pleas, possibly reflecting attempts to challenge the circumstances surrounding firearm possession or test legal technicalities.

Lower-level offences such as Unlawful Entry into a National Park (s18), Unlawful Possession of Weapons (s20) and Unlawful Hunting in a Game Management Area (s31) generally saw higher rates of guilty pleas. These offences also carry fines or short custodial sentences in default. The elevated guilty plea rates suggest that strong evidence, low likelihood of successful defense, or expedience may prompt offenders to plead guilty.

Offences under the Forests Act No. 4 of 2015 also displayed significant rates of guilty pleas. This pattern is likely attributable to the fines associated with forestrelated crimes being affordable for many offenders, thus encouraging guilty pleas as a strategy to resolve matters swiftly.

Figure 8: Number of offences to which guilty pleas and not guilty pleas are given – disaggregated by type of offence.

5 PRE-TRIAL DETENTION

5.1 Offences for Which Bond or Bail Was Granted

Under Zambia’s Criminal Procedure Code Act, Chapter 88 of the Laws of Zambia, wildlife crime offences are bailable – unlike more serious crimes such as murder or aggravated robbery. This means that both police bond (prior to the initial court appearance) and bail (at any stage during trial proceedings) can be granted, provided the accused meets the conditions set by the authorities. These conditions may include requirements such as regular reporting, provision of sureties, or payment of cash or bond recognizance. However, foreign nationals without a fixed abode may be considered a flight risk, which can be grounds for opposing the granting of bond or bail.

However, the data shows that of the monitored wildliferelated offences, only 2 559 cases (27%) resulted in the granting of bond or bail. This low proportion is notable, considering that wildlife offences are, on paper, eligible for bail. The data suggests that most

accused individuals were either unable to satisfy bond/ bail conditions, were denied release or did not pursue an application.

The likelihood of being granted bond or bail appears to vary depending on the nature of the offence. For instance, individuals charged with serious offences – such as the illegal possession of protected wildlife or trophies like ivory – are more frequently granted bail than those charged with less severe infractions, such as unlawful firearm possession or illegal entry into national parks. This discrepancy may reflect the fact that individuals facing more serious charges may be more likely to have access to legal representation, enabling them to file for bond or bail and meet conditions.

Further examination is necessary to determine whether this disparity in bond or bail outcomes raises concerns about equitable access to justice.

Figure 9: Number of offences for which bail or bond was granted

s 130 (2) – Illegal Possession Prescribed Trophy

s 130 (1) – Illegal Possession of Protected Animal or Trophy

s 129 (1) – Illegal Possession Government Trophy

s 089 – Illegal Possession of forest produce

s 018 – Unlawful Entry Park

5.2 Impact of Bond or Bail Being Granted on Outcomes

Accused persons placed in pre-trial detention have consistently shown a higher likelihood of conviction compared to those released pending trial (Lum et al., 2017; Lilongwe Wildlife Trust, 2021). Among the 2 559 offences where bond or bail was granted, 1 373 cases were concluded (the remaining are still ongoing in court), resulting in 787 convictions – a conviction rate of 57%. In contrast, for the 6 958 offences where bond or bail was not granted (either not applied for, not meeting conditions, or actively opposed), 5 797 cases concluded (the remaining are still ongoing in court), with 4 584 convictions, equating to an 89% conviction rate.

This disparity suggests that pre-trial detention significantly correlates with a higher chance of conviction. The trend is observable across all offence types, though the extent of the disparity does vary depending on the nature and severity of the offence. For some offence categories, the difference in conviction rates between detained and released accused persons is more pronounced than for others.

It is also important to consider that accused persons charged with more serious offences may have better access to legal representation, enabling them to secure pre-trial release more easily. Such legal support may contribute to a greater likelihood of acquittal or more favorable trial outcomes, potentially influencing the observed difference in conviction rates.

Figure 10: Number of offences with bail or bond granted and their outcomes

6 CONVICTION RATE

Conviction rates serve as a key indicator of the effectiveness of the criminal justice system, reflecting its ability to investigate, prosecute and adjudicate crimes fairly and efficiently. (South African Law Commission, n.d.).

Of the 7 170 offences which were monitored and concluded between 2017 – 2024, 79% (n = 5 636) resulted in a conviction. The rest of the offences ended in acquittals (9%), discharges (1%), no charge (6%), absconding (1%), deaths (0.1%), plea bargains (0.1%) and withdrawals (4%).

The annual conviction rate during the review period ranged from 65% to 87% with an average conviction rate of 79% and a standard deviation of 7.2%, indicating moderate variability. Interestingly, even after the COVID-19 pandemic started, the conviction rate has seen an overall upward trend since 2017, with just slight dips in 2020 and 2023.

The trend analysis (Figure 11) shows that the conviction rate increased overall from 2017 to 2024.

The decline in the wildlife crime conviction rate in 2020 can be attributed to various legal, societal and international factors. This year was particularly challenging for the legal system concerning the enforcement, investigation and prosecution of these crimes. The COVID-19 pandemic significantly impacted the operations of courts and law enforcement agencies, leading to limited functioning of many courts. Consequently, trials, hearings and prosecutions were delayed. The upward trend in conviction rates observed since 2017 signifies the effectiveness of the justice system in Zambia in holding wildlife offenders accountable, thereby contributing to deterrence and public trust.

Figure 11: Conviction Rate of Wildlife Cases (2017 – 2024)

6.1 Conviction Rate by Wildlife Product

The conviction rate across various wildlife products fluctuated between 2017 and 2024, but generally showed an increasing trend, which is encouraging. Most wildlife crime cases were recorded for bushmeat, elephant ivory and pangolin products, with lower levels of trade for rhino horn, lion and leopard products. Variations between different wildlife products are explained in more detail below.

Elephant Ivory:

The average conviction rate for elephant ivory was 64% (n = 909) with a standard deviation of 5.6% indicating moderate variability over the eight years. The general trend shows an increase in conviction rates from 56% in 2017 to 71% in 2024, suggesting that the consistent efforts to better address ivory-related offences in Zambia were successful.

Rhino Horn:

Similarly, the general trend in conviction rates for rhino horn related cases indicates an increase from 89% (n = 6) in 2017 to 100% (n = 1) in 2024. While the average conviction rate for rhino horn cases stands at 74% (n = 49) across the eight years, a standard deviation of 35% indicates that annual figures fluctuate widely though, most likely due to the small number of cases involved each year (rhino horn trafficking cases recorded: 2017 = 6, 2018 = 5 2019 = 0 2020 = 6, 2021 = 24, 2022 = 4, 2023 = 3, 2024 = 1). Consequently, year-onyear fluctuations should be interpreted with caution and seen within the context of the low case volume, especially when compared to higher-volume wildlife crimes such as ivory or pangolin trafficking. Annual rhino horn related cases were therefore excluded from the comparative graphs in Figure 12.

Lion Products:

Overall, conviction rates for lion product-related cases show an increasing trend from 67% in 2017 to 83% in 2024. However, the average conviction rate of 57% (n = 69) and standard deviation of 29% indicate significant fluctuations between years which seem to be only partly due to small sample sizes. In 2020, conviction rates dropped sharply to 40% (n = 15) and fell further to 0% in 2022 (n = 4). This stark decrease is likely reflecting disruptions caused by the COVID-19 pandemic and the very low number of prosecutions during that time. Conviction rates rose steadily following this dip and reached 83% by 2024.

Leopard Products:

Leopard product case conviction rates fluctuated significantly between 2017 and 2024. The average conviction rate stands at 64% (n = 152), with a standard deviation of 22% across all years. The 2024 conviction rate of 83% (n = 6) seems promising, however, the very strong fluctuations between years make a meaningful trend analysis for leopard cases very difficult. A significant drop to 48% in 2020 (n = 33) and 33% in 2021 (n = 9) might be explained by the low number of prosecutions during the COVID-19 pandemic as mentioned previously. The following fluctuations between 100% in 2022 (n = 3) and 50% in 2023 (n = 10) though might be due to small sample sizes in these years, however it might also be interesting to investigate leopard case prosecutions further to obtain a clearer picture of other factors driving such strong fluctuations across eight years.

Pangolin Products:

The conviction rates for pangolin products have shown moderate fluctuations with a generally increasing trend over time, rising from 55% in 2017 to 80% in 2024. Overall, the average conviction rate of 59%, with a standard deviation of 10%, shows a relatively steady development with moderate fluctuations between years. The notable rise in 2024 could indicate improved legal strategies and enhanced enforcement, areas worth closely observing in the future.

Bushmeat (Government Trophy):

The conviction rates for bushmeat cases have shown a strong overall trend of high conviction rates around 90% during the review period, indicating generally strong enforcement of bushmeat-related cases in Zambia. A smaller number of cases monitored in 2017 due to less law enforcement units supported might have resulted in a less representative figure. Overall, the relatively consistent high conviction rates indicate sustained enforcement efforts in combating illegal bushmeat trade in Zambia.

Ivory Pangolin Bushmeat (Gvt Trophy)
Figure 12: Conviction Rates for Cases Involving Elephant Ivory, Pangolin and Bushmeat (2017 – 2024)
Table 1: Conviction Rates for Cases Involving Elephant Ivory, Pangolin and Bushmeat (2017 – 2024)

6 CONVICTION RATE CONTINUED

6.2 Conviction Rate by Tier Level

The tier system used by WCP provides a structured framework for categorizing wildlife crime based on the motivation, organization and level of threat posed by offenders:

Tier 1: Subsistence poaching

Individuals who hunt wildlife for food or small financial gain due to poverty.

Tier 3: Regional poaching

Organized poaching and trafficking operations at a local or cross-border level, often exploiting vulnerable communities and corrupting enforcement systems.

Tier 5: Military and Corrupt Officials

Tier 2: Commercial poaching

Individuals who profit from illegal hunting or capture of wildlife, supplying bushmeat, trophies, or live animals for trade.

Tier 4: International syndicates

High-level criminal networks that manage global smuggling of wildlife products and are often linked to organized crime or terrorist financing.

Powerful individuals who abuse their official positions to enable, protect, or directly engage in wildlife crime.

This system enables a targeted, strategic response that focuses enforcement efforts on the most damaging actors while acknowledging the socio-economic drivers behind lower-tier offences. Effective disruption of illegal wildlife trade requires targeting key suspects responsible for the organised nature of the trade. This includes the arrest and successful prosecution of regional and international traders including significant members of criminal syndicates.

During the review period, Tier 2 offences comprised the largest proportion of concluded cases, representing approximately 62.2% of the total. This was followed by Tier 1 offences at around 32.8%. In contrast, the higher tiers accounted for significantly smaller shares: Tier 3 at 2.5%, Tier 5 at 2.3%, and Tier 4 at just 0.2%. This distribution reflects the broader structure of the criminality pyramid, where a larger number of individuals are typically involved in lower-tier activities such as the illegal harvesting of wildlife, while fewer are engaged in the more organised and hierarchical roles associated with transporting and marketing illicit goods in Tiers 3 to 5.

The conviction rates for offences involving tiers 4 and 5 show reduced rates from conviction rates recorded under tiers 1, 2 and 3. A high conviction rate of 79% for high-lever transnational traffickers (Tier 3) was noted during the period of review underscoring the effective prosecution and appropriate sentencing of wildlife offenders in Zambia.

Photo credited to Mana Meadows

A low conviction rate of 17% for offences committed by Tier 4 criminal actors was observed. The low conviction rate for offences committed by Tier 4 offenders is potentially attributed to a smaller sample size (12 Tier 4 offenders arrested between 2017 and 2024, involving 16 offences), and the difficulty in prosecuting Tier 4 offenders due to their influence in society, potential protection, and access to high quality legal representation. For example, during the review period, only three out of ten Tier 4 cases were concluded, involving twelve offences, with two offenders convicted for two offences, and one acquitted.

Notable Tier 4 high-profile criminals convicted during the period of review include Yang Fuyu and John Mashikinyi. Yang Fuyu, a Chinese national was arrested in November 2018 at Simon Mwansa Kapwepwe International Airport and charged with illegally possessing 517 pangolin scales

6.3 Conviction Rate by Courts

Conviction rates for wildlife crimes across 56 Zambian courts varied considerably during the review period (2017 – 2024). Figure 13 illustrates the number of convicted offences and the corresponding conviction rates for each court. The size of each bubble on the map represents the volume of convictions in a specific court; larger bubbles indicate more convictions, while smaller bubbles indicate fewer. Color-coding denotes the conviction rate: green signifies the highest rate (80-100%), orange indicates a rate of 60-79%, and red represents the lowest rate (1-59%). The map suggests that most monitored courts demonstrated favourable conviction rates, indicating efficient and effective prosecution of wildlife-related cases in Zambia.

concealed in his luggage. After pleading guilty to the charge, he was convicted and sentenced to five years in prison with hard labour by the Kalulushi magistrate court.

John Mashikinyi, a notorious Congolese rhino horn and ivory trafficker was arrested in August 2022 for illegal possession of a pair of rhino horns. He was convicted and sentenced to five years in prison with hard labour in 2023. The arrest and subsequent conviction of John Mashikinyi was seen as a significant blow to organised criminal syndicates operating in Zambia and Southern Africa.

The low conviction rate (46%) for tier 5 offences (n = 138) indicates that there are more acquittals, no charges, withdrawals, and cases dealt with administratively, which might be a result of increased levels of interference from third parties.

Figure 14: Convicted offences & conviction rates by courts, and locations of Legal Officers (2017 – 2024).

Location of Legal Officer(s) Provinces

7 CUSTODIAL SENTENCE RATE

Between 2017 and 2024, the proportion of custodial sentences among all convictions averaged 73% with a standard deviation of 9%, indicating a relatively consistent rate overall. Initially, the custodial sentence rate increased from 76% in 2017 to 82% in 2018. However, from 2019 to 2024, a steady downward trend was observed (Figure 15).

This decline in custodial sentences may reflect an increased use of alternatives like suspended sentences, or fines. External factors impacting the court process could also contribute. For instance, during the peak of the COVID-19 pandemic (2020-2021), Zambian courts were instructed to favor suspended sentences to reduce prison overcrowding, and some courts were temporarily closed. The substantial decrease in 2023 suggests a potentially significant shift, possibly due to changes in judicial discretion or socio-economic factors influencing sentencing.

It is important to note that the types and volumes of offences charged each year can also influence these rates. For example, offences like firearms and forestry often result in fines rather than custodial sentences. Therefore, the higher proportion of fineable offences monitored in 2023 and 2024 could also explain the lower custodial sentence rates in those years.

7.1 Average Custodial Sentence in Months

The average custodial sentence ranged from 22 to 47 months. The mean sentence time is 30.6 months, with a standard deviation of 6.8 months, indicating moderate variability in the sentencing period. Overall, the average custodial sentence trend over the last eight years is downward, with slight fluctuations occurring (Figure 16).

The trend shows a decline in the average custodial sentence length from 2017 to 2019, followed by a slight increase in 2020, and a small drop again in 2021. While there was a 4% increase in the average custodial sentence in 2023, a 15% decrease was observed in 2024. The overall trend analysis from 2017 to 2024 shows a steady decline in the average custodial sentence length over time.

The declining trend in custodial sentences could be a combination of crime pattern shifts, societal factors and judicial discretion where magistrates are more flexible to impose shorter sentences based on case circumstances. For example, magistrates have the discretion to give sentences for offences which do not have a minimum sentence like unlawful possession of bushmeat (Government trophy) and firearms among others. From 2020 to 2021, many countries including Zambia reduced prison populations to prevent the COVID-19 pandemic, potentially contributing to a long-term shift in sentencing trends.

Disaggregating the average custodial sentence by offence or wildlife product provides a more illustrative analysis due to the significant variation of the statutory minimum sentences across different offences; for example, elephant ivory and meat carry a minimum of 5 years imprisonment, whereas bushmeat offences can result in sentences as short as 1 month. These substantial differences in sentencing greatly skew the overall average, rendering it less useful for meaningful analysis.

Figure 16: Trend of Average Custodial Sentence in Months
Figure 15: Custodial Sentencing Rate (2017 – 2024)

7.2 Average Custodial Sentence by Category

The custodial sentence for wildlife offences involving high-value products in the Zambia Wildlife Act (section 130 (1) and (2)) ranges from a statutory minimum of five years to maximum ten years for aggravated offences. The decision to pass either the minimum or maximum custodial sentence is governed by the principles of sentencing and the court’s discretion. Discretion cannot be exercised below the minimum sentence.

The average custodial sentences for most wildlife products are the minimum of 5 years, for rhino horn and elephant ivory average sentences are just above the minimum. Various factors such as the prevalence of the offence or proof by the prosecution of aggravating circumstances, such as a large volume of wildlife product or organised crime links may influence magistrates to hand out sentences above the minimum. These factors must justify why a stiffer penalty is necessary to serve justice, deterrence and conservation goals.

In a significant rhino horn case, nine offenders received seven-year sentences for a highly organized poaching operation involving thirteen individuals across three Zambian provinces. A Sesheke-based poacher was specifically hired to kill a rhino, and two horns, likely from Botswana, were transported to Livingstone for a black-market sale. The coordinated group rented an apartment in Livingstone while seeking a buyer, highlighting the premeditated commercial nature of the crime. Detailed prosecution evidence led to the conviction of nine individuals for Illegal Possession of a Prescribed Trophy, setting a strong precedent in wildlife trafficking prosecutions.

Five suspects, including two local magistrates, were convicted and sentenced to seven years for the illegal possession of two rhino horns. The prosecution’s case relied on electronically generated evidence such as call logs and photographic documentation, illustrating the growing role of digital forensics in prosecuting complex wildlife crimes. In its judgment, the court strongly condemned the magistrates’ actions, stressing that individuals responsible for upholding the law must adhere to the strictest standards of integrity. The court further underscored the gravity and pervasiveness of wildlife crime.

Zambian law mandates a minimum five-year (60-month) prison sentence for possessing pangolins or their derivatives. Magistrates are legally obligated to impose a sentence of at least this duration. However, despite this requirement, some magistrates have issued sentences shorter than the mandatory minimum in pangolin-related cases. This inconsistency has led to a slight decrease in the average custodial sentence for pangolins from 60 to 59 months during the reviewed period.

AVG TIME 67 months

RHINO HORN

AVG TIME 61 months

ELEPHANT IVORY

AVG TIME 60 months

BIG CAT PRODUCTS

AVG TIME 59 months

PANGOLINS

AVG TIME 14 months

BUSHMEAT

8 FINES

A significant disincentive to unlawful actions endangering ecosystems and biodiversity is the imposition of fines for wildlife offences.

The severity of the damage done to animals is reflected in the potential severity of these fines. The type of offence frequently determines how much the fine will be. Between 2017 and 2024, 13.7% (n = 773) of all offences ending

in conviction received a fine amounting to K1 974 150 (US$70 505) in total fines payable. The firearm and forest-related offences received the most fines.

Unlawful, felling, cutting, or working of major forest

Table 2: Fined offences

9 AVERAGE LENGTH OF COURT CASES

Several factors, such as the nature of the case, the intricacy of the issues at stake, availability of suspects or witnesses and the court's caseload, can greatly affect the typical length of court proceedings.

The average length of court cases where there was a not-guilty plea for various offences varied significantly depending on the type of offence. From apprehension to disposal, the average time to conclude court cases varied by offence, ranging from approximately two weeks to nine months. Minimum duration is 1 day, and maximum duration is 5 years and 3 months. With the longest observed for offences under Section 130(2) – Illegal Possession of Prescribed Trophy. The trend shows that offences relating to prescribed trophy (ivory, rhino horn etc) took the longest with an average of 9 months, that unlawful hunting and illegal possession of protected animal (elephant, rhino, big cat pangolin etc) offences took an average of 8 and

7 months respectively to conclude. On the other hand, cases related to illegal possession of government trophy (bushmeat), unlawful possession of firearms and unlawful entry into the park took a shorter period to conclude. This is because these may be simpler cases and the majority of them are fineable. Overall, most cases related to offences in Table below concluded in less than 10 months. However, there were cases during the review period that took longer to conclude, for example, some took almost 52 months to be concluded. This is because, in some instances, the witnesses and suspects were unavailable and difficult to locate, thus prolonging the process.

Table 3: Average length of court case where there was a ‘not guilty’ plea for various offences (2017 – 2024)

10 ANALYSIS OF COURT CASE OUTCOMES BASED ON DEFENCE REPRESENTATION

During the review period, only 4% of concluded wildlife offences involved legal representation for the defense. Private counsel represented 1% (n = 96) of offences, and the Legal Aid Board represented 3% (n=211). The vast majority of accused persons, involving 96% of offences (n = 6 863), had no legal representation. This lack of access to legal support among most wildlife accused persons is evident. Given the pyramid structure of wildlife crime, with numerous low-level offenders supporting a smaller number of high-level organizers, these lower-level actors disproportionately face prosecution, likely due to their limited access to quality legal representation compared to those higher up in the criminal network. Analysis of court case outcomes suggests a correlation with the type of legal representation.

Table 4: Types of Legal Representation and Outcomes

Having legal representation, whether private or by the Legal Aid Board, seems to reduce the likelihood of conviction. Accused persons with legal representation have a 51% conviction rate, whereas accused persons without legal representation have a 80% conviction rate for the charged offence. Therefore, legal representation reduces the likelihood of conviction by 29%.

The type of legal representation has an additional impact on the conviction rate, with 55% of accused persons

represented by the Legal Aid Board being convicted, but only 42% of accused persons represented by private counsel being convicted for the charged offence. The likelihood of conviction is therefore reduced by 13% when represented by a private counsel, compared to representation by the Legal Aid Board.

However, it should be further investigated whether legal representation is the cause of reduced conviction rates, or if other factors need to be considered.

Photo credited to Mana Meadows

11 WCP INITIATIVES TO SUPPORT EFFECTIVE WILDLIFE CRIME PROSECUTION

Since 2017, legal officers have supported the successful prosecution of wildlife cases in Zambia through several initiatives:

Enhancing Case Management and Understanding:

Quarterly Feedback Meetings:

Regular meetings with the DNPW provide officers with updates on court case statuses, insights into judicial perspectives on evidence, and how these factors influence case outcomes.

The

Rapid Reference Guide for the Investigation

and Prosecution of Wildlife

Crimes in Zambia, developed by WCP in partnership with DNPW and NPA, is a practical tool designed to guide law enforcement and prosecutors through every stage of wildlife crime cases. Endorsed by both agencies, emphasizing legal best practices and human rights. Since 2019, WCP has conducted annual refresher trainings nationwide to strengthen implementation, with 2024 seeing 13 workshops that trained over 240 officers and prosecutors. These efforts have improved collaboration, evidence handling and prosecution success, contributing to a rise in the national wildlife crime conviction rate from 78% to 87%

Impact Statements:

WCP is supporting NPA and DNPW in drafting Impact Statements for wildlife crime cases. These statements are submitted to the court to illustrate the harm inflicted on wildlife populations, the environmental degradation and the economic loss to the State, thereby helping magistrates understand the broader consequences of the offence. By highlighting such aggravating circumstances, Impact Statements aim to guide the court in applying appropriate and deterrent sentencing.

Improving Financial Investigation Techniques:

providing training to government law enforcement agencies on the parallel pursuit of financial crime charges, including money laundering-thereby depriving offenders of the tools and proceeds of their crimes and reinforcing deterrence through effective state asset recovery mechanisms.

Improving Evidence Handling and Chain of Custody:

Evidence Security and Management:

Collaboration with the TRACE Network resulted in 15 training sessions for 191 DNPW officers and 35 prosecutors to enhance the chain of custody in wildlife cases. Additionally, eight solar-powered evidence storage containers, equipped with shelving, refrigerators, and CCTV, were placed at DNPW offices in various locations across Zambia. These containers, provided with labels, storage boxes, evidence bags and logbooks, are regularly maintained by designated DNPW evidence custodians to ensure secure storage and the integrity of evidence presented in court. Officers report a significant reduction in the risk of tampering or loss of exhibits due to these on-site facilities.

Bridging the Gap Between Field Operations and Judicial Expectations:

Magistrate Field Visits (MFVs):

As of 2024, 52 MFVs have been conducted since 2017, involving 52 trips to national parks with 177 DNPW officials, 140 prosecutors, and 220 magistrates from 151 courts. These visits facilitate ongoing interaction between the judiciary, DNPW officers, and NPA prosecutors. Magistrates gain firsthand understanding of the challenges in apprehending suspects, while DNPW and NPA receive feedback from the courts on case presentation. These visits foster a greater appreciation for the dedication and risks associated with wildlife crime operations and enhance judicial understanding of the complexities involved.

CONCLUSION

This report offers a comprehensive and data-driven evaluation of Zambia’s wildlife crime prosecution trends in cases monitored from 2017 to 2024, revealing both commendable progress and persistent challenges. The steady increase in conviction rates – rising to 87% in 2024 –underscores the growing capacity and commitment of the Zambian criminal justice system to address wildlife crime. This upward trajectory, however, is nuanced by disparities in outcomes based on pre-trial detention status, legal representation and offence tier levels.

Despite logistical and legal hurdles, particularly in prosecuting Tier 4 offenders and ensuring consistent custodial sentencing, the WCJ programme’s targeted interventions have significantly strengthened the system. Through legal training, courtroom monitoring, evidence chain-of-custody improvements and interagency collaboration, WCJ has enhanced the quality and consistency of prosecutions nationwide. The strategic use of tools like Impact Statements and Magistrate Field Visits has also fostered a more informed and engaged judiciary.

Nevertheless, the data highlights structural inequities that require ongoing attention. The overrepresentation of selfemployed and unemployed individuals among accused persons points to socio-economic drivers of wildlife crime. Furthermore, the stark contrast in conviction outcomes between those with and without legal representation raises concerns around access to justice.

To sustain and build on these gains, continued investment is essential. This includes expanding pre-trial alternatives, prioritizing high-tier syndicate prosecutions, and strengthening investigative capacity, particularly in digital and financial crime domains. Only through sustained collaboration between government agencies, civil society and international partners can Zambia continue to deter wildlife crime and uphold its rich ecological heritage.

Acknowledgments

We extend our sincere gratitude to the Department of National Parks and Wildlife, National Prosecution Authority and the Judiciary for their collaborative partnership.

We also acknowledge and appreciate the generous support from our donors and partners, including the Conservation Lower Zambezi, Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH, Elephant Crisis Fund, Lion Recovery Fund, Oak Foundation, Panthera, Paul Allen Family Foundation, Swedish International Development Cooperation Agency (Sida), The Nature Conservancy, Frankfurt Zoological Society, Tusk Trust, US Department of State Bureau of International Law Enforcement, and Wildcat Foundation

REFERENCES

Akella, A.S. and Allan, C. (2012) Dismantling wildlife crime: Executive summary. Washington, DC: World Wildlife Fund (WWF).

Lilongwe Wildlife Trust (2021) A review of wildlife crime court cases in Malawi 2017–2020: Assessing the impact of courtroom monitoring and collaborative prosecution on court outcomes. Lilongwe: Lilongwe Wildlife Trust and Department of National Parks and Wildlife, Malawi.

Lum, K., Ma, E. and Baiocchi, M. (2017) ‘The causal impact of bail on case outcomes for indigent defendants in New York City’, Observational Studies, 3(1), pp. 38–64.

South African Law Commission (n.d.) Conviction rates and other outcomes of crimes reported in eight South African police areas. Available at: https://www.justice.gov.za/salrc/rpapers/rp18.pdf (Accessed: 11 December 2024).

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