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.

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.