Hlungwane v S (BA 21/2019; RC121/2014) [2020] ZALMPPHC 34 (4 June 2020)

Hlungwane v S (BA 21/2019; RC121/2014) [2020] ZALMPPHC 34 (4 June 2020)

The court held that the evidence did not establish that the appellant or accused 3, 4, and 5 had the requisite intention to possess the rhinoceros legs, either individually or jointly. The inference drawn by the trial court that mere presence equated to possession was incorrect. The Supreme Court of Appeal precedent requires proof of animus possidendi for each accused, which was absent in this case. The doctrine of common purpose does not apply to possession offences unless joint possession is proven. The only reasonable inference from the evidence is that the bags were conveyed in the vehicle driven by accused 1, and possibly possessed by accused 1 or 6, but not by the appellant or the...

Citation
[2020] ZALMPPHC 34
Parties
Appellant: Petrus Patrick Hlungwane; Respondent: The State
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
4 June 2020
Case Number
BA 21/2019
Procedural Posture
Criminal Appeal / Appeal Against Conviction From Regional Court
Outcome
Appeal upheld; conviction of appellant and co-accused set aside.
Judges
Makgoba, Gphatudi, Semenya
Legal Topics
Joint Possession, Common Purpose, Protected Species Offences, Animus Possidendi, National Environmental Management Biodiversity Act, Limpopo Environmental Management Act
Criminal Law Environmental Law Joint Possession Common Purpose Protected Species Offences Animus Possidendi National Environmental Management Biodiversity Act Limpopo Environmental Management Act

Case Brief

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Parties

Petrus Patrick Hlungwane

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction From Regional Court

Legal Issues

  1. 1 Whether the appellant and co-accused were in joint possession of two rhinoceros legs without a permit.
  2. 2 Whether the doctrine of common purpose applies to possession offences under environmental statutes.
  3. 3 Whether the evidence established animus possidendi for each accused.

Ratio Decidendi

The court held that the evidence did not establish that the appellant or accused 3, 4, and 5 had the requisite intention to possess the rhinoceros legs, either individually or jointly. The inference drawn by the trial court that mere presence equated to possession was incorrect. The Supreme Court of Appeal precedent requires proof of animus possidendi for each accused, which was absent in this case. The doctrine of common purpose does not apply to possession offences unless joint possession is proven. The only reasonable inference from the evidence is that the bags were conveyed in the vehicle driven by accused 1, and possibly possessed by accused 1 or 6, but not by the appellant or the...

Court Disposition

Appeal upheld; conviction of appellant and co-accused set aside.

Orders

  • The appeal is upheld.
  • The appellant's conviction is set aside.