WILDLEX

Appellants had been convicted for unlawful hunting upon a plea of guilty before a Subordinate Court. They had hunted 19 springbok and 1 gemsbok without a licence. All pleaded guilty, were convicted and were sentenced to pay fines of varying amounts.

The appellants were represented in the Subordinate Court by an attorney, and according to the record, upon the charge being put to them they and their co-accused all pleaded guilty.

The court held that if it is established that the appellant hunted and killed the animals in the game reserve, the burden shifts to the appellant to establish that he did not know that he was in the game reserve. The appellant thus has to establish on a balance of probabilities that he killed the animals on another piece of land.