WILDLEX

This is an appeal against a sentence. The appellant was charged with two counts:
1. Failing to declare the possession of 12 rhinoceros horns, contravening section 15(15)(b) read with section 1, 81, 87(1), and 95 of the Customs and Exice Act, No. 91 of 1964.

This is an application for leave to appeal against the sentence.

The court considered an appeal on the basis that the magistrate erred in denying the accused bail and that the magistrate erred in finding that the accused may abscond and fail to attend trial due to his ability to enter and leave the Republic without going through a border.

The matter is an application for leave to appeal a judgement that was given in the a judgment of the Northern Cape High Court for contravening certain sections of the Nature and Environmental Conservation Ordinance 19 of 1974 which prohibit the harbouring of certain animals without a permit.

The Director-General, Department Of Environmental Affairs (2nd Respondent) invited the public to make written submissions on proposed lion export quota in line with CITES requirements.

The appellants were convicted own their pleas of conspiring to commit an offence of illegal hunting of a rhinoceros, and unlawful possession of a firearm and ammunition in the magistrate court. They were sentenced to 5 years imprisonment each for count 1 and 4 years imprisonment each for count 3.

The accused persons Bandou Tangui Bertrand and Beka Octave Timolian were arrested flagrante delicto in the locality of Bazou by elements of the Nde divisional delegation of forestry and wildlife. They were found in possession of a three years old chimpanzee which they were about to sell.

The accused persons DIPAMBA JEAN and NDINTEH Georges were arrested flagrante delicto in the TONGA market in possession of trophies of class A totally protected animal species notably 01 Mandrill skull, 01 Elephant jawbone and thighbone.

The accused MABOU Benjamin was arrested in Baham in possession of two large leopard's skins, a totally protected animal species.

The accused KAMWA TADIE Augustine was arrested in Bandjoun by elements of the regional delegation of Forestry and Wildlife. He was found in possession of 01 Leopard skin in his plastic bag. During interrogation, he admitted the facts but named the co-offender, KUATE JOSEPH as the owner of the trophies.