WILDLEX

The appellant met Mr. Muller through his business of an electrical contractor. They became to know each other for more than ten years. During this period, the appellant saw some ivory in Muller's house, which might have encouraged the appellant to offer an illegal ivory deal to Muller.

This was a review case where the judges looked into the sentences that had been given by the magistrate at the lower court for 2 accused persons who were found to be unlawfully in possesson of game meat.

The appellants brought an appeal against the sentences handed down to them by the Magistrate, for being in possession of a live pangolin in contravention of teh Controlled Wildlife Act. The sentence imposed was 24 months imprisonment of which 12 months were suspended for 5 years on appropriate conditions.

The accused, in this automatic review matter, was tried in the Grootfontein Magistrate’s Court, on one count of hunting specially protected game, (namely: a giraffe, valued at N$9000-00) in contravention of section 26(1) of Ordinance 40 of 1975. He was convicted as charged and sentenced to five years direct imprisonment.

The plaintiff who was arrested for theft of 2 zebra skins, spent 32 days in custody awaiting trial. His case was later withdrawn. He then claimed N$277 200.00 from the defendant for wrongfully and maliciously setting the law in motion by laying a false charge against him.

The court considered a review of the court below’s finding relating to the accused’s charge. The accused was charged and convicted of contravening s 30 (1) of Ordinance 4 of 1975 for unlawfully hunting huntable game. The accused was found in possession of a shotgun, which he had used in the commission of the offence.

After being convicted of unlawfully hunting huntable game, 5 oryx, without a permit, the accused took the matter on review. At trial, accused no. 1 alleged that he did not point out or admit anything, that he did not lead the police to any scene, and that he was handcuffed and beaten. Accused no. 3 denied pointing out anything altogether.

The two accused were convicted of various offences in terms of the Nature Conservation Ordinance 4 of 1975 ranging from illegal hunting of huntable protected and specially protected game (tortoise and oryx) to possession of the said game or their meat. The accused pleaded guilty to certain offences and not guilty to others.

Accused were caught skinning an oryx and being in possession of oryx meat. The accused were charged with hunting oryx (protected game) without a special permit. The accused were convicted of having contravened section 26(1) of Ordinance 4 of 1975 (hunting of specially protected game).

For the State’s case, Detective Steyn from the South African Police testified that he had started out an investigation after having seen a truck and trailer with ostriches that was driven by an employee of accused no.1.