Database of Wildlife Related Law
The first applicant had applied for a permit to hunt elephants. Elephants had been classified as damage causing animals in South Africa. The permit was issued approving the shooting of two elephants by a local hunter.
The appellant met Mr. Muller through his business of an electrical contractor. They became to know each other for more than ten years. During this period, the appellant saw some ivory in Muller's house, which might have encouraged the appellant to offer an illegal ivory deal to Muller.
The Appellant had been convicted of unlawful possession of abalone without a valid permit, in contravention of regulations issued under the Marine Living Resources Act 18 of 1998. He appealed against his conviction.
This is an appeal against a sentence. The appellant was charged with two counts:
1. Failing to declare the possession of 12 rhinoceros horns, contravening section 15(15)(b) read with section 1, 81, 87(1), and 95 of the Customs and Exice Act, No. 91 of 1964.
The accused and three other men were inside the Ndumo Game Reserve on 19 November 2011 at 17:00. One man was carrying a firearm. Game rangers patrolling in the Reserve caught sight of the men in pursuit of a rhino. The rangers ordered the man to put down the firearm. Instead, he turned and pointed it at the rangers.
This is an application for leave to appeal against the sentence.
Ms Khohliso, a traditional healer from Tsolo in the former Transkei was convicted by the Tsolo Magistrates’ Court for the possession of a pair of vulture feet in contravention of section 13(c) read with section 84(13) of the Transkei’s Decree 9 of 1992.
This is a judgement on appeal at the Supreme Court.
The facts are that the the appellant owned a safari lodge on a piece of land within a nature reserve. His main tourist attraction was the wildlife on the nature reserve. However poaching on the reserve had led to the reduction in wildlife sightings and therefore lower volumes of business.
The accused pleaded guilty and were convicted for unlawfully hunting 2 rhino’s and being in possession of rhino horns. The court below considered the seriousness of the crime and the number of rhino’s killed per year and the impact that poaching has on the economy and imposed a sentence of 6 years imprisonment and a N$60 000.00 fine.
