Kgogobi Monaka & 2 Others v The State

Country
Court
Seat of court
Lobatse
Court jurisdiction
Date of opinion
2008
Abstract

The appellants were convicted on a single count of the offence of hunting 2 duikers and 2 steenboks, without a licence contrary to Section 19(3) of the Wildlife Conservation and National Parks Act, 28 of 1992. The appellants, during their trial, elected not to lead evidence, alternatively to call any witnesses. The appellants appealed their conviction on 2 grounds, namely, 1) that the prosecution failed to produce composite pieces of the animal’s skin at the hearing of the trial, and 2) that there was not sufficient evidence to convict the appellants. On ground 1, the prosecution held that the skins had been destroyed by maggots and as a result were not capable of being produced as evidence. The court found that the evidence provided with regard to the carcasses of the animals they found was clear as to their identification as wild game. Further, the court noted that the lack of production was not challenged by the defence. On ground 2, the court found that the evidence of the police officers relating to the carcasses, as well as the absence of a rebuttal by the appellants against the prima facie proof, that the court below was correct in convicting the appellants. Thus, one cannot fault the negative inference that was created by the appellants lack of rebuttal against the evidence, thereby justifying their guilt.

Language of document
English
Reference number
CLHLB-000009-07
Charges
Unlawfully hunting without a licence contrary to Section 19(3) of the Wildlife Conservation and National Parks Act, 28 of 1992.
Transnational
No
Decision
The court found that on both grounds of appeal, the appellants had failed to adequately prove that the court below had erred in convicting them. In the premise, the appeal was dismissed.
Appealed
Yes
Court cases cited
S v Boesak 2000 (3) SAQ 381 SCA
State v Sepeni Popo Others CTHLB-0008-06
Sekwakwalala v The State 1987 BLR 458
Attorney General v Moagi 1981 BLR 1 @8 CA
S v Msane 1977 (4) SA 758
Masupi Webb v Regina 1964 – 1967 BLR 127
Legislation cited
Wildlife Conservation and National Parks Act, No. 28 of 1992