S v Sebone (A627/2012) [2012] ZAGPPHC 216 (4 September 2012)

S v Sebone (A627/2012) [2012] ZAGPPHC 216 (4 September 2012)

The accused was charged and convicted under section 38(1)(b) of the Limpopo Environmental Management Act, which requires the use of a device in hunting. However, the accused admitted to knocking down a protected species using a tractor, which falls under section 31(1)(a) of the Act and does not require the use of a device. The conviction was therefore based on an incorrect section of the Act. The court found that the conviction should be set aside as the admitted conduct did not constitute an offence under the section charged.

Citation
[2012] ZAGPPHC 216
Parties
Applicant: The State; Respondent: Isaac Sebone
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 September 2012
Case Number
A627/2012
Procedural Posture
Review Application / Review Judgment Following Conviction in Magistrates Court
Outcome
Conviction set aside.
Judges
N.P Mngqibisa-Thusi, N Mavundla
Legal Topics
Limpopo Environmental Management Act, Protected Species Offences, Incorrect Charge, Conviction Set Aside
Criminal Law Environmental Law Limpopo Environmental Management Act Protected Species Offences Incorrect Charge Conviction Set Aside

Case Brief

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Parties

The State

Applicant

Isaac Sebone

Respondent

Procedural Posture

Review Application / Review Judgment Following Conviction in Magistrates Court

Legal Issues

  1. 1 Whether the accused was convicted under the correct section of the Limpopo Environmental Management Act.
  2. 2 Whether the admitted conduct constituted an offence under section 38(1)(b) or section 31(1)(a) of the Act.
  3. 3 Whether the conviction should be set aside due to the incorrect charge.

Ratio Decidendi

The accused was charged and convicted under section 38(1)(b) of the Limpopo Environmental Management Act, which requires the use of a device in hunting. However, the accused admitted to knocking down a protected species using a tractor, which falls under section 31(1)(a) of the Act and does not require the use of a device. The conviction was therefore based on an incorrect section of the Act. The court found that the conviction should be set aside as the admitted conduct did not constitute an offence under the section charged.

Court Disposition

Conviction set aside.

Orders

  • The conviction of the accused on 19 January 2012 is hereby set aside.