National Director of Public Prosecutions v Mniki (CA 85/2011) [2011] ZAECGHC 41 (25 August 2011)
Court
Eastern Cape High Court, Grahamstown
Case number
CA 85/2011
Judges
D Chetty, A E B Dhlodhlo, D Z Dukada
The court found that the respondent's version of events was so implausible and unsupported by the evidence that it could be rejected without referral to oral evidence. The presence of poaching implements, animal carcasses, and the respondent's false identification established a direct causal link between the vehicle and illegal poaching activities. The proportionality assessment weighed the seriousness of the offence, the prevalence of poaching, and the respondent's personal circumstances. The court concluded that forfeiture of the vehicle was not disproportionate and was warranted under sect…