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Mathonsi v S (AR393/2018) [2020] ZAKZPHC 11

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Mathonsi v S (AR393/2018) [2020] ZAKZPHC 11

28th May 2020

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[1]        The appellant in this matter was found guilty in a regional court on three charges, namely a contravention of section 57 (1) of the National Environmental Management: Biodiversity Act 10 of 2004 (the carrying out of a restricted activity involving an attempt to hunt a rhinoceros); a contravention of section 1 (1) (a) of the Trespass Act 6 of 1959 (entering the Zulu Nyala Game Reserve unlawfully and without permission); and a contravention of section 4 (1) (f) (iv) of the Firearms Control Act 60 of 2000 (the unlawful possession of a prohibited firearm, namely a rifle of which the serial number had been removed). He was sentenced to an effective period of 18 years’ imprisonment. The appeal before us is in respect of the convictions and the sentence, leave having been granted by this court on petition to it. With the consent of the parties we dealt with the appeal without the hearing of oral argument, in the light of the current restrictions regarding the Covid19 pandemic, as we are empowered to do in terms of section 19(a) of the Superior Courts Act 10 of 2013. Counsel for both parties delivered heads of argument, in which their respective submissions were fully set out.

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