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South Africa decisions
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Alberts v S (A286/2021) [2024] ZAGPPHC 767 (30 July 2024)
The High Court upheld Alberts’ appeal on cruelty and obstruction counts, but confirmed her conviction for possessing a vervet monkey without a permit.
Du Toit and Others v Provincial Minister of Environmental Affairs and Development Planning: Western Cape and Others (14275/16) [2018] ZAWCHC 58; [2018] 3 All SA 532 (WCC); 2019 (1) SACR 311 (WCC) (24 May 2018)
The court found that the nature conservation officials were lawfully present on the public road and entitled to stop the Applicants and request documentation under sections 21(1)(a) and (e) of the Ordinance, whose constitutionality was not challenged. The items seized, including kudu carcasses, spotlights, battery, hunting rifles, and an injured steenbok, were all in plain public view and thus did not attract a reasonable expectation of privacy. The use of a torch to illuminate the interior of the vehicle did not constitute a search, as the items would have been visible in daylight. The court…
Source excerpt
MEC for Department of Agriculture And Rural Development N.O v Venter; In re: Venter v Acting Chief Magistrate Pretoria North Magistrate's Court and Others (73681/2013) [2015] ZAGPPHC 537 (18 May 2015)
The High Court dismissed applications for condonation and rescission after finding no reasonable explanation for the default and no prima facie bona fide defence.
Ndwambi v S (611/2013) [2015] ZASCA 59; 2016 (2) SACR 195 (SCA) (31 March 2015)
The Supreme Court of Appeal upheld a fraud conviction for selling a fake rhino horn, finding intent to deceive and potential prejudice were proved.
Macrae and Another v S (93/2013) [2014] ZASCA 37; 2014 (2) SACR 215 (SCA) (28 March 2014)
Appeal against convictions for theft and obstructing justice over a seized baboon. The SCA set aside all convictions, finding no criminal intent and an unfair trial.
S v Blaauw (226/87) [1988] ZASCA 108 (26 September 1988)
The court held that the State had to prove the hunted land was unleased under section 28(1)(b) of the Nature Conservation Ordinance. The conviction was set aside.
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