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South Africa decisions
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Mfana Ignitius Kubai v S (923/2023) [2024] ZASCA 123; 2024 (2) SACR 595 (SCA) (30 August 2024)
The Supreme Court of Appeal set aside a 15-year sentence for rhino poaching, holding that the high court misdirected itself and that 9 years was appropriate.
Voorburg Safaris and Game Breeders (Pty) Ltd v MEC for the Limpopo Department of Economic Development, Environment and Tourism and Others (1412/2023) [2023] ZALMPPHC 83 (8 September 2023)
The High Court dismissed a review over a P3-exemption permit, holding that the applicant lacked locus standi and that the 2012 trust resolution remained valid.
Kubai and Another v S (CC14/2019) [2023] ZALMPTHC 1; 2023 (2) SACR 196 (LT) (27 January 2023)
The appellate court found that the trial court erred by not sentencing the appellant in accordance with the penalty clause under section 117(1)(a) of the Limpopo Environmental Management Act, which prescribes a maximum of 15 years' imprisonment for hunting specially protected wild animals. The appellant's personal circumstances, including being a first offender and breadwinner, did not outweigh the aggravating factors: his prior involvement in rhino poaching, knowledge of the crime, and the seriousness of the offence. Rhino poaching is a national crisis with severe ecological and societal imp…
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Hlungwane v S (BA 21/2019; RC121/2014) [2020] ZALMPPHC 34 (4 June 2020)
The High Court upheld an appeal against conviction for possession of rhino legs, finding the evidence did not prove joint possession or the required intent.
Els v S (1241/2016) [2017] ZASCA 117; 2017 (2) SACR 622 (SCA) (22 September 2017)
The Supreme Court of Appeal reduced a sentence for unlawful possession and conveyance of rhino horns, finding the trial court had misdirected itself.
Tlou and Others v S (A25/2015) [2015] ZAGPPHC 86 (13 February 2015)
Bail appeal in a rhino-poaching prosecution. The High Court dismissed the appeal for four accused but granted bail to the fifth, finding the case against him weak.
S v Sebone (A627/2012) [2012] ZAGPPHC 216 (4 September 2012)
The High Court set aside a conviction after finding the accused had been charged under the wrong section of the Limpopo Environmental Management Act.
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