WILDLEX

The accused persons on 19 May 2014 at Artha Village in Kondoa District in Dodoma Region were found in possession of two elephant tusks weighing 43 kilograms. On 10 June 2014 the third accused sent an amount of Tshs. 6,000,000/= to first accused to facilitate procurement of the elephant tusks.

It is alleged that the accused persons on diverse dates between 1 January 2002 and 13 June 2014 at diverse places within Dodoma Region, jointly and together transported and sold 18 elephant tusks without license. The charges were withdrawn under section 91(1) of the Criminal Procedure Act.

It was alleged that the accused person on 10 March 2015 Chanumba Village within Chamwino District was found in possession of honey badger skin, pangolin skin, cobra skin, python skin, hyena tail, “mangore” skin. The accused was found guilty.

It was alleged that the accused person on 10 March 2015 Chanumba Village within Chamwino District was found in possession of wildebeest tail and lizard skin. The accused was found guilty.

The accused person on 20 March 2015 at Chanumba Village in Chamwino District in Dodoma Region, was found in possession of crocodile skin, pangolin skin, lion nail and two dik-dik teeth. The accused was found guilty.

The accused persons on 10 March 2015 at Handali Village in Cahmwino District in Dodoma Region, the accused was found in possession of fox skin. The accused was found guilty.

This is an appeal against a sentence. The appellant was charged with two counts:
1. Failing to declare the possession of 12 rhinoceros horns, contravening section 15(15)(b) read with section 1, 81, 87(1), and 95 of the Customs and Exice Act, No. 91 of 1964.

This is an application for leave to appeal against the sentence.

The court considered an appeal on the basis that the magistrate erred in denying the accused bail and that the magistrate erred in finding that the accused may abscond and fail to attend trial due to his ability to enter and leave the Republic without going through a border.

The matter is an application for leave to appeal a judgement that was given in the a judgment of the Northern Cape High Court for contravening certain sections of the Nature and Environmental Conservation Ordinance 19 of 1974 which prohibit the harbouring of certain animals without a permit.