South Africa Case Law

Kubai and Another v S (CC14/2019)

Kubai and Another v S (CC14/2019) [2023] ZALMPTHC 1; 2023 (2) SACR 196 (LT) (27 January 2023)

Court

Limpopo High Court, Thohoyandou

Case number

CC14/2019

Judges

AML Phatudi, TC Tshidada

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…

Source excerpt

• Illegal Hunting
• Limpopo Environmental Management Act
• Sentencing Principles
• Protected Species
• Aggravating Circumstances

Mkhabela and Others v S (A334/15)

Mkhabela and Others v S (A334/15) [2016] ZAGPPHC 936 (8 November 2016)

Court

North Gauteng High Court, Pretoria

Case number

A334/15

Judges

CM Sardiwalla, HJ Fabricius

The High Court dismissed a sentence appeal in a rhino-poaching conspiracy case, finding no material misdirection and no basis to interfere with the custodial sentences.

• Conspiracy
• Illegal Hunting
• Protected Species
• Sentencing Principles
• Police Trap
• Firearm Possession