WILDLEX

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.

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.