State v. Mosinyi and others

Country
Court
Court jurisdiction
Date of opinion
1972
Abstract

The accused were charged with hunting in a game reserve, in contravention of the Fauna Conservation Proclamation, 1961; alternatively, that they were hunting without a licence or permit. In their defence, the accused argued that they did not know they were hunting in a game reserve, and that they had the licences necessary to hunt the zebra. The Court noted that the licences tendered in evidence were issued in the names of the accused; issued in another’s name, but endorsed to the accused; or issued in another’s name with no endorsement to the accused. The Court considered the licences tendered in evidence under these three considerations, to determine whether they were valid and permitted the hunting of the zebra. The accused had more than one licence issued in their names, and it was for the court to decide whether they were entitled to hold more than one licence, and the number of zebra that could be hunted on one licence held. It was held that the accused could only hunt one zebra on one licence in any one open season. The accused hunted in excess of the licences in their possession, and certain licences were void.

Language of document
English
Reference number
1972 (2) BLR 31 (HC)
Charges
Accused were alleged to have hunted a total number of fifty-two zebra and other animals without a licence or permit issued under Section 34 of the said Proclamation [Fauna Conservation Proclamation, 1961]. Alternatively, they were charged with hunting animals without a licence or permit contrary to Section 15(1) of the same Proclamation... Apart from these two main counts, each of the three accused is charged with hunting game in a game reserve contrary to Section 7(1) of the same Proclamation. As an alternative to this charge, each of the Accused is also charged with hunting game without a licences or permit contrary to Section 15(1) of the same Proclamation.
Species
Zebra
Money value
R1070.00 for 36 zebra skins; and R475.00 for 16 zebra skins.
Transnational
No
Decision
Once it is established that an accused person hunted an animal under the Proclamation, it is presumed to be without a licence or permit. The accused held multiple licences, however the Court decided that the law provided one may hunt only one zebra on one licence only in any one open season. The first and second accused were only entitled to hunt two zebra, and accused three could only hunt one zebra. With respect to the defence that the accused did not know they were in a game reserve the court held they could not escape responsibility. The accused were reckless in their knowledge as to whether they were hunting on a game reserve.
Appealed
No
Court cases cited
S. v. Botes 1967 (2) S.A. 533
Lim Chin Aik v. R (1963) A.C. 160; (1963) 1 All E.R. 223
R v. Meyer 1954 (3) SA 948
R. v. van der Lind 1953 (1) SA 588
Brend v. Wood (1946) 175 L.T.
Laid v. Dobell (1906) 1, K.B. 131
Cundy v. Le Cocq 1884, 13 Q. B.D. 207
R. v. Bailey (1800), R and R 1; 168 E.R. 651
Legislation cited
Fauna Conservation (Bamangwato Tribal Territory) Proclamation 64 of 1967
Fauna Conservation Proclamation, 1961
Fertilizers and Feeding Stuff Act, 1893
Licensing Act, 1872
Penal Code