Oatlhotse v The State

Country
Court
Seat of court
Lobatse
Court jurisdiction
Date of opinion
1995
Abstract

This was an appeal against the forfeiture order on the appellant’s motor vehicle as per s 75 (1) of the Wildlife Conservation and National Parks Act, 1992 (Act No. 28 of C 1992). The appellant argued that his motor vehicle was not liable to forfeiture; since there was no evidence to support the forfeiture order or to prove that he actively participated in the killing or skinning of the ostriches or that his vehicle was used in tracking the birds. The court determined whether appellant's motor vehicle was used for the purpose of or in connection with the commission of the offence.

Language of document
English
Reference number
Oatlhotse v The State
Charges
Hunting without a licence contrary to section 19(1) read with section 3(b) of the Wildlife Conservation and National Parks Act (Act No. 28 of F 1992); hunting during a closed season contrary to section 56 of the Act.
Species
Ostrich
Transnational
No
Decision
The court upheld the appeal since there was lack of evidence to prove that the appellant’s vehicle was used for purposes of or in connection with the commission of the offence; and members of the public are not barred from driving through controlled hunting areas.
Appealed
Yes
Penalty
Forfeiture Order