WILDLEX

The accused person was arrested with dik-dik on 09.05.2005. Prosecution alleged that on the material day the accused was found in unlawful possession of the dik-dik without permit from the authorized authorities.

On 24.02.2006 at Kisese village within Babati District, Manyara region, the accused was found unlawful possessing impala carcass, the property of the Government of Tanzania. The accused person was found guilty and was therefore convicted.

The accused person on 30th January 2013 at Rhotia village within Karatu District was found in unlawful possession of one elephant tusk weighing 12.4 kg the property of Tanzania government. On the material day, the accused was stopped by Ngorongoro Park Rangers on suspicion that he was carrying government trophies.

This is an appeal by the appellant against his conviction and sentence by the Regional Court magistrate, Upington, on charges of contravention of sections 44(1)(b)(i) and 46 of the Nature and Environmental Conservation Ordinance 19 of 1974.

The court held that in this matter, it was common cause that a South African Court had jurisdiction to decide ownership of the Sable based on the cession agreement. The court found that the cession agreement had been signed by the attorney, acting under the authority of the first respondent.

The appellant was found guilty in the Upington Magistrate’s Court, and appealed his conviction and sentence to the Northern Cape High Court where the conviction and sentence on the first count was set aside, and the conviction on the second count confirmed but the sentence was amended.