This is an appeal by the appellant against his conviction and sentence by the Regional Court magistrate, Upington, on charges of contravention of sections 44(1)(b)(i) and 46 of the Nature and Environmental Conservation Ordinance 19 of 1974.
The appellant was convicted in the Magistrate’s Court on two accounts of contravening the Firearms Act and one count of contravening the National Parks and Wildlife Act, Cap. 316. The appellant appeared before the Supreme Court to apply for the return of his firearm which was ordered to be forfeited.
The appellants, all first offenders, were charged with hunting elephant and rhinoceros. They were charged on the 31 October 1986 for selling two pairs of rhinoceros horns without permit. They were convicted on prohibited dealing in trophies and sentenced to three years imprisonment based on the section they were charged under.
The appellant was caught dealing illegally in ivory and charged with contravening section 2(1)(a) of the AG Proclamation 42 of 1980 – the controlled Games Products Proclamation. As a result, he was sentenced to 5 years imprisonment and 18 months of the sentence was suspended.
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 His case was later withdrawn.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.