WILDLEX

The appellant was convicted by a magistrate of the offence of unlawful possession of government trophy contrary to section 82 (1) and (2) (b) of the Fauna Conservation Act (Cap. 38:01) (1973 Rev.).

This was an appeal against his conviction and sentences in the High Court. The appellant was convicted by the Magistrate's Court at Maun of unlawful possession of Government trophies, namely 12 elephant tusks, contrary to section 82(2) of the Fauna Conservation Act (Cap. 38:01) (1973 Rev.).

This is an appeal case against a sentence imposed on a first time offender who pleaded guilty of being in unlawful possession of a Government trophy.

In March 2016, the accused persons ASSO’O Martin & NGAMBI KONGO Gérard Régis received food provisions, one hunting gun and ammunitions to carry out elephant poaching from a certain Zo’o from Mebane Village. After spending over a week in the forest, they killed two elephants and took out the ivories, tails and other parts.

On 11 April 2017, the accused persons BIBE Jean & EMANE Marceline received a modern gun and food provisions from a certain MINYONO of Mfem Village to carry out elephant poaching in the Dja Biosphere Reserve.

On the 12/08/2015, custom officials of Idenau seized a bag containing elephant tusks belonging in aboat called GIDEON belonging to a company called Lophombo PLC. One of the customs officials saw the boat with four loaded bags, approached the boat and asked one of the accused persons who was in charge of the goods had been declared.

On 17 October 2014, elements of the Ministry of Forestry and Wildlife organized a sweep operation. Following this operation, the accused, Domwa Barthelemy was arrested flagrante delicto with four (4) elephant ivories. His co-offender IBRAHIM successfully escaped with these ivories as well as the firearms they used in killing the elephants.

On the 8 April 2015, the Chief of the Forestry and Wildlife control post of Djoum received a reliable phone call that a certain man in possession of 20 elephant ivories is destined to traffic these ivories at a hotel Inn called “Auberge Jeannette”, room 104 in Djoum.

On the 26 October 2009, during a control & exploitation monitoring mission, the agents of South Antenna of the Dja conservation service caught MBIA David red-handed in the Dja Biosphere Reserve for illegal detention of two (2) elephant tusks (weighing 13 kg) and an arm.

This was an appeal against the decision of the Magistrate’s court to convict and sentence the appellants for unlawful Possession of Prescribed Trophy Contrary to section 130(2) (a) and 86 of the Zambia Wildlife Act.