National Director of Public Prosecutions v Mniki

Country
Territorial subdivision
Court
Seat of court
Grahamstown
Court jurisdiction
Date of opinion
2011
Abstract

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. On appeal held that the respondent’s version was so far-fetched and untenable that it could on that account be rejected as false. The vehicle was directly causally related to the hunting of protected game and an order for forfeiture was clearly not disproportionate. The appeal was upheld, and the vehicle seized declared forfeited to the state. The respondent’s version was found unworthy of any credence.

Language of document
English
Reference number
[2011] ZAECGHC 41
Charges
The offence with which the respondent was charged related to hunting protected wild animals without the requisite permit.
Species
Antelope, Bushbuck
Transnational
No
Decision
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. On appeal held that the respondent’s version was so far-fetched and untenable that it could on that account be rejected as false. The vehicle was directly causally related to the hunting of protected game and an order for forfeiture was clearly not disproportionate. The appeal was upheld, and the vehicle seized declared forfeited to the state. The respondent’s version was found unworthy of any credence.
Appealed
No
Court cases cited
Fakie N.O v CCII Systems (Pty) Ltd
Mohunram v National Director of Public Prosecutions (Law Review Project as Amicus Curiae)
Plascon –Evans Paints Ltd v Ban Riebeeck Paints (Pty) Ltd
Legislation cited
Cape Ordinance on Nature and Environmental Conservation
Cape Ordinance on Nature and Environmental Conservation
Prevention of Organised Crime Act (POCA)