WILDLEX

It was alleged by the prosecution that on 30/07/1996 in the village of Lutukila, within the District of Songea the appellant was found with unlawful possession of government trophies. They were later on prosecuted before the District Court of Songea. Prosecution procured about five (5) witnesses to testify the allegations.

It was alleged that on 21 December 2013 at Hangangadinda Village, Namtubo District in Ruvuma Region was found in possession of elephant meat. The charge was withdrawn under section 91(1) of the Criminal Procedure Act).

It was alleged that the accused person was found in possession of government trophy, contrary to the laws of the Republic. The case was withdrawn by the prosecution.

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.