S v Ndlovu and Others

Country
Territorial subdivision
Court
Seat of court
Grahamstown
Court jurisdiction
Date of opinion
2019
Abstract

The accused were previously convicted on various counts, by the same court and the matter came for sentencing on a later date. The Criminal Law Amendment Act 105 of 1977, prescribes a discretionary minimum sentence of 15 years imprisonment per count for amounts of more than R500 000; for the ten counts on theft of rhino horns. The accused argued that this provision was not applicable since the State had failed to ascertain the value of the stolen horns and argued further that the value of the horns exceeded R500,000. The court found that the State failed to ascertain the value and that the minimum sentencing provision was thus not applicable. The court found that the accused were first offenders with minor children and family commitments. The court noted that none of the accused were remorseful. The court also considered the interests of the community and the gravity of the offences; and imposed the sentences on the accused on each count.

Language of document
English
Reference number
[2019] 2 All SA 820
Charges
They were charged with 65 counts relating to 13 separate incidents of alleged rhino poaching.
Transnational
No
Decision
The court imposed 15 years’ imprisonment imposed on the counts of theft; 7 years’ imprisonment (first and third accused); 10 years’ imprisonment for offences contrary to the provisions of the National Environmental Management: Biodiversity Act 10 of 2004. Further, the court imposed 25 years’ imprisonmensentences for the convictions based on ancillary activities of each accused.
Appealed
No
Penalty
Imprisonment: 15 years’ imprisonment imposed on the counts of theft; 7 years’ imprisonment (first and third accused); 10 years’ imprisonment for offences contrary to the provisions of the National Environmental Management: Biodiversity Act 10 of 2004. Further, the court imposed 25 years’ imprisonmensentences for the convictions based on ancillary activities of each accused.
Court cases cited
S v Els [2018] JOL 39444 (SCA), 2017 (2) SACR 622 (SCA)
S v Velebhayi 2015 (1) SACR 7 (ECG)
S v Lemthongthai [2014] JOL 32341 (SCA); 2015 (1) SACR 353 (SCA)
S v Moswathupa 2012 (1) SACR 259 (SCA)
S v Vilakazi [2008] JOL 22360 (SCA); 2009 (1) SACR 552 (SCA)
S v Sithole [2004] JOL 12942 (SCA), 2005 (2) SACR 504 (SCA)
S v Swart [2003] JOL 12153 (SCA); 2004 (2) SACR 370 (SCA)
S v Legoa [2002] JOL 10257 (SCA); 2003 (1) SACR 13 (SCA)
S v Ingram [1995] 3 All SA 121 (A); 1995 (1) SACR (A)
R v Mpofu 1985 (4) SA 322 (ZHC)
S v Skenjana [1985] 2 All SA 195 (A); 1985 (3) SA 51 (A)
Legislation cited
National Environmental Management Biodiversity Act No. 10 of 2004
Firearms Control Act No. 60 of 2000
Criminal Procedure Act No. 51 of 1977
Medicines and Related Substances Act No. 101 of 1965