Database of Wildlife Related Law
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.
On 17 – 18 June 2016 at Bucklands Farm, in the district of Albany, in the course of which a white rhino known as Cambell, belonging to one Ian Steward, was darted with a tranquilizer gun and its horn removed, resulting in the death of the rhino. The police were working on Operation Full Moon as Rhino poaching was rife.
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.
