Database of Wildlife Related Law
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.
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.
