For the State’s case, Detective Steyn from the South African Police testified that he had started out an investigation after having seen a truck and trailer with ostriches that was driven by an employee of accused no.1. He discovered tracks of ostriches in the direction of Namibia and loosened wires of the fence which formed the border between Namibia and South Africa. A former employee of accused no.1, De Koker also testified that ostriches had been moved from Kotzedal no.1 to Biesiepoort and that the border post was not used to leave or enter Namibia. Another employee of accused no. 1’s brother also testified that ostriches had been brought to Biesiepoort by the workers of accused no.1 in the company of accused no.2. In his statement the Chief-Ranger Uys had stated that accused no.1 had filed an application to catch ostriches. An inspection was held, and at a later date he went to Kotzedal no.1 , interrogated the employees, and later arrested the two accused. The defence presented their case with evidence from Mr F D Alexander who had extensive experience with ostriches. According to accused no.1 it had become necessary to cull his ostriches. He applied for a permit to catch 150 ostriches, the inspection and later on he was arrested. Upon his release, De Koker had informed him that he had been threatened by Uys. Accused no.1 also testified that on several occasions the ostriches belonging to Kotzedal no.1 had strayed out to no.3. On another occasion, accused no. 1 had instructed accused no.2 to follow tracks into obobogorob because a jackal had killed lambs on Witpan. In this event accused no.2 then noticed ostriches that belonged to accused no.1 and was instructed to fetch them. The last witness a health inspector testified that the farms Kotzedal were in his inspection area and as not surprised that the number of ostriches had increased to as many as 250.
Country
Court
Type of court
Seat of court
Windhoek
Court jurisdiction
Date of opinion
1994
Abstract
Language of document
English
Reference number
[1994] NAHC 2
Charges
(1) Counts 12, 24, 37, 49, 61 and 73 which concerned contraventions of Section 32 of Act 59 of 1972, that is the administration of persons to Namibia Regulation act, and (2) Counts 2, 14, 27, 37, 51 and 63. These counts all deal with the wrongful and unlawful importation of game or wild animals into Namibia in contravention of Section 49 of Ordinance 4 of 1975.
Species
Ostrich
Transnational
Yes
Decision
The court to into account the evidence that had been provided by the employees of accused no.1 and accepted the evidence that had been provided by De Koker. The court held that the accused no.1’s evidence was false and could not be accepted. The court concluded that in this case, domesticated ostriches were not covered under section 49(1) of Ordinance 4 of 1975 and the State had failed to prove that the ostriches from South Africa fell within this ambit.
Appealed
No