WILDLEX

On 20th day of September, 2009 the accused person was found in unlawful possession of the killed animal known as Pongo (Bushbull) worth Tshs 800,000. Beside that, the accused person was found in unlawful possession of one Mizzle known as Gobore.

This is an appeal originating from Handeni District Court on Economic Case No. 13 of 2013. Appellant appealed the conviction by the Handeni District Court on case No.

The accused Mwajuma was charged of an offence of been in unlawful possession of the Government Trophy which is contrary to section 86 (1) of the Wildlife Conservation Act No. 5 of 2009 read together with Paragraph 14 (d) of the First Schedule to the Economic and Organized Crime Control Act Cap 200 of R.E 2002.

Accused Juma Grayson, Geofrey Semkoko and Salim Kigoda were arrested and charged for being found in unlawful possession of Government trophies contrary to the provision of the law. They were all charged at the Pangani District Court for the same offence.

The accused were jointly found in possession of buffalo meat and fourteen (14) ammunitions without a permit. During their charges they both pleaded not guilty.

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.