The accused were charged with contravening Regulation 5 (1) of the Fauna Conservation (Batawana Tribal Territory) (Hunting) Regulations, 1967, contained in Statutory Instrument No. 65 of 1967. They killed two buffalo without being in possession of a permit allowing them to do so. First appellant contended that he had obtained licences from his relatives to hunt and had endeavoured to have them endorsed in terms of the regulations in Statutory Instrument No. 6 of 1969 which provided for the endorsement by a game warden. The appellants were therefore under the impression that the endorsements permitted them to hunt. Counsel for the appellant argued that his clients were not criminally liable as section 11 (1) of the Penal code protected them. The Appeal Court upheld the magistrates decision and dismissed the appeal.