WILDLEX

The case originated from Mpanda District Court where the appellant was charged with the offence of unlawful possession of government trophies. He was charged under ordinarily criminal case. The High Court quashed the decision, set aside the sentence and ordered to release the appellant from jail.

This is an appeal case originating from Mpanda district Court where the appellant stood charged with the offences of unlawful possession of government trophies and unlawful possession of firarms.

The Applicant was charged with unlawful possession of government trophies at Mpanda District court. He prayed for bail under section 29(4) of the Economic and Organised Crime Control Act Cap 200 RE 2002. The High Court granted the bail.

Applicants charged with the offence of unlawful possession of government trophies of which case was filed in the Resident Magistrates Court of Katave, at Mpanda. The High Court allowed the appeal and granted the bail.

The respondent one, Hamisi Koni, was charged before the district of Mpanda with the offence of unlawful possession of government trophy. Upon the accused being arraign before Mpanda district was committed for bail. While enjoying court bail, the accused absconded from appearing to the court.

The case originated from Mpanda District court were the three appellants were jointly charged for the offence of unlawful possession of government trophies c/s 86(1)(2)(b)(ii) of the Wildlife Conservation Act, No.5 of 2009 read together with 14(d)of the first schedule to and section 57(1) and 60(2) of the Economic and Organized Crime Control Act

On 16 July, 2004 respondents were charged with offence of unlawfully possession of government trophies and made application for bail at Mpanda District Court and granted bail to them under the terms that they should deposit cash bond of Tsh. 6,000,000/=. The High Court allowed the appeal and quashed the decision of the trial court.

At the heart of this matter were the customary rights to marine resources. The appellants were tried at the Magistrate court and later appealed to the High Court in Mthatha. The Hight Court, however, held that their conduct was unlawful because they had not applied for an exemption as contemplated in the MLRA, granting them a permit to fish.

The court held that the appellants were protecting the lives of the cubs and as well as their legal interest in the survical of the cubs as the owners of the very expensive animals.

The appellant was found to have been complicit in the transaction where a fake rhino horn was sold in a police trap for R350 000. He was sentenced to six years’ imprisonment. The appellant unsuccessfully appealed to the Free State High Court against his conviction and sentence.