WILDLEX

This is an appeal against a sentence. The appellant was charged with two counts:
1. Failing to declare the possession of 12 rhinoceros horns, contravening section 15(15)(b) read with section 1, 81, 87(1), and 95 of the Customs and Exice Act, No. 91 of 1964.

This is an application for leave to appeal against the sentence.

The court considered an appeal on the basis that the magistrate erred in denying the accused bail and that the magistrate erred in finding that the accused may abscond and fail to attend trial due to his ability to enter and leave the Republic without going through a border.

The matter is an application for leave to appeal a judgement that was given in the a judgment of the Northern Cape High Court for contravening certain sections of the Nature and Environmental Conservation Ordinance 19 of 1974 which prohibit the harbouring of certain animals without a permit.

The Director-General, Department Of Environmental Affairs (2nd Respondent) invited the public to make written submissions on proposed lion export quota in line with CITES requirements.

The second respondent (“the Minister”) had announced the complete suspension of the commercial fishing of wild abalone in accordance with section 16 of the Marine Living Resources Act 18 of 1998. The applicants were rights holders in the industry. They lodged protests against the suspension.

This case involves a company (HBFI) that was involved in harvesting fish in excess of its quotas and buying illegally harvested fish from other catchers which violated inter alia the Marine Living Resources Act 18 of 1998 (‘the Marine Act’).

The appellants were convicted own their pleas of conspiring to commit an offence of illegal hunting of a rhinoceros, and unlawful possession of a firearm and ammunition in the magistrate court. They were sentenced to 5 years imprisonment each for count 1 and 4 years imprisonment each for count 3.

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.