WILDLEX

It was alleged that the accused persons on 29 August 2014 at Mpola Village in Manyoni District in Singida Region were found in possession of eight pieces of elephant tusks and were dealing in them. The first and third accused persons were found guilty whereas the second accused was found not guilty.

It is alleged that the accused persons on 7 March 2013 at Mpola Village, Manyoni District, Singida Region, were found in possession of two elephant tusks. They were found guilty.

It is alleged that the accused person on 11 January 2015 in Pahi Village, Kondoa District, Dodoma Region, was found in possession of two pieces of elephant tusks weighing 5.10 kilograms, and two leopard skins without permit. The accused person was found guilty.

It was alleged that the accused person on 6 December 2013 at Ipululu Area near Muhesi Game Reserve within Mnayoni District in Singida Region, did enter a game reserve with a muzzle loader without permit. The accused was found not guilty.

It is alleged that the accused person on 13 October 2014 in Muhesi Game Reserve , Manyoni District, Singida Region entered the said game reserve without authority with a one unregistered muzzle loader, bullets, gunpowder and an axe. It is also alleged that the accused was found in an unlawful possession of a giraffe tail.

It is alleged that the accused persons on 15 January 2013 at Kizogo Game reserve within Manyoni District in Singida Region did enter a game reserve using thirteen motorcycles and two bicycles without permit and did mine and collect sand without permit. The accused persons were found 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.