Madubula v The People (1994) S.J. 63 (S.C.)
The appellant was convicted of being in possession of rhino horns without a certificate of ownership. The appeallant appealed the conviction.
Database of Wildlife Related Law
The appellant was convicted of being in possession of rhino horns without a certificate of ownership. The appeallant appealed the conviction.
The appellants in the court below were found to be hunting game animals without a licence. The appellants plead guilty to the offence and were convicted on 2 counts of the offence of unlawful possession of government trophy contrary to Section 100 (1) and Section 135 of the Zambia Wildlife Authority Act, 12 of 1998.
The appellant was convicted in the Magistrate’s Court on two accounts of contravening the Firearms Act and one count of contravening the National Parks and Wildlife Act, Cap. 316. The appellant appeared before the Supreme Court to apply for the return of his firearm which was ordered to be forfeited.
This is an appeal case were the accused was aqutted and the convictions on the three counts of Unlawful Possession of Prescribed Trophy without a certificate of ownership were set aside for lack of proper evidence provided to the court.
The appellants, all first offenders, were charged with hunting elephant and rhinoceros. They were charged on the 31 October 1986 for selling two pairs of rhinoceros horns without permit. They were convicted on prohibited dealing in trophies and sentenced to three years imprisonment based on the section they were charged under.
This was an appeal against the decision of the Magistrate’s court to convict and sentence the appellants for unlawful Possession of Prescribed Trophy Contrary to section 130(2) (a) and 86 of the Zambia Wildlife Act.
The accused had been found in possession of a firearm without a license in contravention of the National Parks and Wildlife Act, (Cap. 316) s. 145 (1) and the Firearms Act, (Cap.111) s. 54 (2) and with the intention of hunting game illegally.
A licensed hunter instructed his servant to kill an elephant, and left the servant in charge of the trophy. The Court held that this did not make the servant guilty of being in the possession of a trophy without a licence.
Dismissed appeal for lack of Merit- An appeal by the Appellant namely Pagainst the conviction on his own admission by the Magistrate of the Subordinate Court of the first class sitting on grounds that the charge did not disclose the full ingredients of the offence and that the plea of guilt being enter by the accused was equivocal and improper.
This is an Appeal against the Ruling of the High Court, dated the 12th of May, 2008 where the trial Judge refused the Appellant’s application for leave to apply for Judicial Review.