Database of Wildlife Related Law
On the night of 2 October 2016, elements of the Forestry and Wildlife control post of Kika, Moloundou were on a wildlife control mission and arrested four accused persons with a bag containing elephant ivories. Three of them took to their heels but the accused Hamadou, burdened with the weight of the ivories could not run.
On the 12/08/2015, custom officials of Idenau seized a bag containing elephant tusks belonging in aboat called GIDEON belonging to a company called Lophombo PLC. One of the customs officials saw the boat with four loaded bags, approached the boat and asked one of the accused persons who was in charge of the goods had been declared.
In January 2019, the accused was arrested by elements of the conservation service of Dja arrested the accused person for Illegal detention of hunting guns, illegal hunting without permit, and involuntary harm. At the close of interrogations, they were transmitted before the State Attorney for prosecution.
On the 5 September 2017, elements of the forestry and wildlife control post of Djoum carried out investigations on poaching activities. This led to the arrest of the accused flagrante delicto with a Chimpanzee in attempt to sell it.
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 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 accused were previously convicted on various counts, by the same court and the matter came for sentencing on a later date. The Criminal Law Amendment Act 105 of 1977, prescribes a discretionary minimum sentence of 15 years imprisonment per count for amounts of more than R500 000; for the ten counts on theft of rhino horns.
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 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.
The accused were charged with the unlawful exportation of controlled wildlife products:14 rhino horns on the first count and a leopard skin on the second count, as well as money laundering on count 3.
