WILDLEX

The applicant sought an order declaring the respondent’s motor vehicle forfeit to the state following his arrest for illegal poaching. The court dismissed the application on the basis that being motion proceedings, the matter had, there being no request for a referral for oral evidence, to be decided on the respondent’s version.

A simultaneous appeal and review was brought concerning the customary rights of the Dwesa-Cwebe communities to access marine resources in a marine protected area. An appeal was brought against the conviction and sentence of the accused for, among others, fishing or attempting to fish in a marine protected area.

The accused were previously convicted on various counts, by the same court and the matter came for sentencing on a later date. The Criminal Law Amendment Act 105 of 1977, prescribes a discretionary minimum sentence of 15 years imprisonment per count for amounts of more than R500 000; for the ten counts on theft of rhino horns.

In a judgment handed down in the sentencing of Mr Blignault, the Court considered the evidence placed before it during his trial, its weight, and the personal circumstances of the accused.

From April to July 2018, Danyan J., Guohua W. and Jinxia S. drove several times to Shaowu and Wuyi Mountain to hunt birds. Among them, Danyan J. and Guohua W. were responsible for shooting birds, and Jinxia S. was responsible for driving and selling birds at a price ranging from 15 yuan to 50 yuan to many restaurants and individuals.

From May to July 2018, Dingbiao X. illegally purchased wild heron birds at a price ranging from 40 yuan to 50 yuan from Sun (sentenced) and others, and the birds were used in restaurants to process into dishes for customers. Dingbiao X. paid 4160 yuan for the purchase of wild birds (dead bodies) to Sun through Wechat transfer seven times.