Database of Wildlife Related Law
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 The charges were withdrawn under section 91(1) of the Criminal Procedure Act.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.
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.
