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.

Since 2009, after obtaining a wildlife management license from the Forestry Bureau of Yichang, Chen had been operating wild animals in Luofo Village, Taipingxi Town, Yiling District, Yichang City.

From August to December 2012, the defendant Zhao used his own house as a business place and for the purpose of illegal profit, purchased goral products under second class state protection from Tian and Zhang (all handled separately), valued at 24,654 yuan. Zhao confessed to having illegally purchased rare and endangered wild animals.

In November 2010, Xianjin G. purchased a black bear under second class state protection from Lu and Hu at a price of 4,400 yuan. Later, Xianjin G. sold the black bear to Li and Song. On January 22, 2013, Xianjin G. purchased a wild goat from Pan at a price of 800 yuan. The wild goat was found and seized from Xianjin G.'s house.

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 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.