WILDLEX

The Appellant had been convicted of unlawful possession of abalone without a valid permit, in contravention of regulations issued under the Marine Living Resources Act 18 of 1998. He appealed against his conviction.

Ms Khohliso, a traditional healer from Tsolo in the former Transkei was convicted by the Tsolo Magistrates’ Court for the possession of a pair of vulture feet in contravention of section 13(c) read with section 84(13) of the Transkei’s Decree 9 of 1992.

From December 2016 to September 2017, Sha W. contacted Li, and purchased 7 wildlife products including 3 piece of ivory products (a total of 114.49 grams and a value of RMB 4,770.45 yuan) from Li. Five of them were sold in the Wenjia booth at the "Jiaomen Jade Stone" in Zhangjiakou operated by Yaru L.

In early September 2016, the defendant Xiao knew that the wild birds illegally hunted by others, and he still purchased 1365 yellow-browed buntings. Later he raised the purchased wild birds in his yard to sell for profit.

Since 2010, Xinbao W. had illegally purchased, processed and sold ivory products for profit. After the incident, the public security organ seized a large amount of ivory products, ivory granules, etc. totaling 3.4 kg in Xinbao W.'s home.

From June 2014 to April 22, 2015, Yang Y. successively hired Jipeng Z. to process and make ivory jewellery in a bungalow. Yang Y. published pictures of ivory products by WeChat, contacted buyers for sales. Later, 10.945 kilograms of ivory products were seized in the studio, which were valued at RMB 456,045.

In August 2017, the defendant Zhu knew that the wild birds illegally hunted by others, and he still purchased 15,642 wild birds, including yellow-browed buntings, yellow-breasted buntings, common rosefinches, chestnut buntings. Later he raised the purchased wild birds in his rent house to sell for profit.

In September 2016, the defendant Du knew that the wild birds illegally were hunted by others, and he still purchased the birds many times. Among these, there were 4275 yellow-browed buntings and 15 common rosefinches. Later he raised the purchased wild birds in his yard to sell for profit.

The accused were charged with various counts in terms of the Prevention of Organised Crime Act (“POCA”). The court was presented with evidence which led to the accused’s’ arrest. During the trial, it became apparent that there was an informer who was working for the Scorpions and was gathering information of the crime syndicate.

The court considered an appeal against the sentenced imposed on the appellants on the basis that they are shockingly inappropriate and out of kilter with other cases and that the court below didn’t take into account their personal circumstances.