WILDLEX

The appellants appeared before the District Magistrates’ Court on two charges of contravening the Nature Conservation Ordinance, 1975 relating to hunting specially protected game, (namely: three elephants) without a permit and possession of six elephant tusks.

Two men were charged, in the Magistrate’s Court at Okahandja for contravening section 30 (1)(a), read with section 1, 30(1)(b) + (c), 85, 89 and 89A of the Nature Conservation Ordinance 4 of 1975 as amended, and further read with sections 90 and 250 of Act 51 of 1977; that is hunting a warthog at Farm Ouparakane without a permit and theft of the

The respondent was charged with hunting huntable game and unlawful transportation of game meat without a permit. At the close of the State’s case, the magistrate, in accordance with section 174 of the Criminal Procedure Act, 51 of 1977, discharged the respondent.

The applicant filed an application on review seeking an order that would set aside the acquittal of the respondent. This court then focused on the interpretation of the phrase ’irregularity in the proceedings’. The court referred to several precedents that had stated that a mistake in law was not per se an irregularity.

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.

This was a review case where the judges looked into the sentences that had been given by the magistrate at the lower court for 2 accused persons who were found to be unlawfully in possesson of game meat.

The appellants brought an appeal against the sentences handed down to them by the Magistrate, for being in possession of a live pangolin in contravention of teh Controlled Wildlife Act. The sentence imposed was 24 months imprisonment of which 12 months were suspended for 5 years on appropriate conditions.

The two accused men were charged for contravening section 27(1) read with subsections 1, 27(2), 85, 87 and 89 (A) of the Nature Conservation Ordinance 4 of 1975, as amended further read with subsections 90 and 250 of 51 of 1977.

This was a case of review where the judge questioned whether a proper sentence was imposed for accused 1 for count 1.

The Magistrate Court commenced trial without the accused persons having pleaded to the charges. The Magistrate referred the matter for special review before sentencing of the accused persons. Court found that it had jurisdiction in terms of section 20(1)(c) of the High Court Act 16 of 1990 to review the proceedings of a Magistrate’s Court.