The Republic versus Wille Luchagula - No. 11 of 2013
The accused was arraigned before Mpanda District Court for unlawful possession of government trophy. The accused was found guilty.
Database of Wildlife Related Law
The accused was arraigned before Mpanda District Court for unlawful possession of government trophy. The accused was found 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.