Country
Court
Type of court
Seat of court
Windhoek
Court jurisdiction
Date of opinion
2014
Abstract
The second Accused person found the carcass of a kudu near the road as he took his employers herd of cattle to a water point. He alerted the first accused person and they pulled the carcass away to a spot where they skinned it and took the meat home and were arrested at Mururani Check Point as he was on board a vehicle taking his share of the meat to his children in Rundu. Conviction was set aside and replaced owing to insufficient evidence to sustain the charge of unlawful hunting.
Language of document
English
Reference number
[2014] NAHCMD 37
Charges
1. Contravention of section 50(1) of the Nature Conservation Ordinance 4 of 1975 as amended: Removal of game found dead. 2. Contravention of section 48(1) of the Nature Conservation Ordinance 4 of 1975 as amended: Unauthorized transportation of game meat. 3. Hunting of 5 Kudus valued at N$ 20 000 unlawfully.
Species
Money value
N$ 16 000- N$ 20 000
Transnational
No
Decision
In respect of accused 1: The court set aside both conviction and sentence are set aside and replaced with the contravention of section 50(1) of the Nature Conservation Ordinance 4 of 1975 as amended: Removal of game found dead with a sentence of N$500 or in default of payment Three (3) months imprisonment. In respect of accused 2: The Court set both conviction and sentence aside and substituted with the contravention of section 50(1) of the Nature Conservation Ordinance 4 of 1975 as amended: Removal of game found dead, with a sentence of N$500 or in default of paying Three (3) months imprisonment and the contravention section section 48(1) of the Nature Conservation Ordinance 4 of 1975 as amended: Unauthorized transportation of game meat with sentence of N$600 or in default of payment Four (4) months imprisonment. The sentences were antedated to 17 October 2013.Nature Conservation Ordinance 4 of 1975 asNature Conservation Ordinance 4 of 1975 as Nature Conservation Ordinance 4 of 1975.
Appealed
No
Penalty
Penalty Imprisonment: 3 and 4 months imprisonment in default of fine payment Fine: N$ 500 & N$ 600. Effect of penalty Backdated: 17th October 2013.