This is an appeal by the appellant against his conviction and sentence by the Regional Court magistrate, Upington, on charges of contravention of sections 44(1)(b)(i) and 46 of the Nature and Environmental Conservation Ordinance 19 of 1974. The appellant had been arrested following an operation termed “Operation Rhino” whose purpose was to eradicate and combat illegal importation or exportation of smuggled rare and protected species, elephant tusks, illegal diamonds, counterfeit currency etc. The appellant was identified as a suspect prior to the operation. The appellant's conviction was based on the evidence of one Jaco Oberholzer who was an undercover police agent in the operation. The appellant questioned the admissibility of Oberholzer’s evidence against him on the basis that the evidence was tainted by an abuse of the legal process when the police, in order to clothe Oberholzer with a more convincing credibility, staged a bogus arrest of Oberholzer, which resulted in Oberholzer appearing in the Magistrate Court, Upington on false charges of unlawful dealing in diamonds. This bogus arrest afforded Oberholzer the opportunity of establishing a relationship with the appellant which culminated in the appellant introducing Oberholzer to the seller of the two ivories.
Country
Territorial subdivision
Court
Type of court
Seat of court
Kimberly
Court jurisdiction
Date of opinion
2008
Abstract
Language of document
English
Reference number
[2008] ZANCHC 31
Charges
Contravention of sections 44(1)(b)(i) and 46 of the Nature and Environmental Conservation Ordinance 19 of 1974
Species
Transnational
Yes
Decision
The appeal was dimissed.
Appealed
No
Penalty
The appellant was sentenced to a fine of R5000.00 alternatively 9 months imprisonment and a further 9 months imprisonment suspended for 3 years on condition that the accused was not convicted of any offence in contravention of sections 42, 44 and 46 of the Nature and Environmental Conservation Ordinance 19, of 1974 committed during the period of suspension.
Court cases cited
S v Spies and Another 2000(1) SACR 312
S v Ebrahim 1991(2) SA 553 (A)
S v Nortjie 1997 (1) SA 90 (c)
S v Hayes en ‘n Ander 1998 (1) SACR 625 (0)
Legislation cited
Nature Conservation Ordinance No. 12 of 1983 (22 of 1995)