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[2012] ZAGPPHC 216
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S v Sebone (A627/2012) [2012] ZAGPPHC 216 (4 September 2012)
NOT
REPORTABLE
IN
THE HIGH COURT OF SOUTH AFRICA
(NORTH
GAUTENG HIGH COURT,PRETORIA)
Date:04/09/2012
Date:A627/2012
Date:
15 August 2012
Supreme
Court Ref: 474
Magistrate's
Serial No: 05/2012
Review
Case No: 05/2012
In
the matter between:
THE
STATE
ISAAC
SEBONE
….....................................................
Respondent
REVIEW
JUDGMENT
MNGQIBISA-THUSI
J:.
[1]
The accused was charged and pleaded guilty to contravention of
section 38(1 )(b) read with section 38(2) of the Limpopo
Environmental
Management Act 7 of 2003 ("the Act"), in the
Mokopane (Potgietersrus) Magistrates Court.
[2]
On 19 January 2012 he was convicted on the basis of his plea.
However, before the proceedings on sentence could start, the
presiding officer, acting senior Magistrate, Mr A P Van Der Kooi,
realised that in his statement in terms of section 112(2) of the
Criminal procedure Act 51 of 1977, the accused had admitted to
knocking down a protected species using tractor, such offence is
not
covered by section 38(1 )(b) on which he was charged and convicted,
but falls squarely within the provisions of section 31
(1 )(a) of the
Act, which does not require the use of any device in the hunting.
Section 38(1)(a) reads as follows:
"31.
Hunting of wild and alien animals.-(1) No person may without a permit
hunt-fa) Specially protected wild animals."
[3]
Having read the record and having considered the matter, I am
satisfied that the accused was charged and convicted on an incorrect
section of the Act and that his conviction on the basis of 38(1)(b)
should be set aside.
[4]
Accordingly I would recommend that the following order be made:
"The
conviction of the accused on 19 January 2012 is hereby set-aside."
N.P
MNGQIBISA-THUSI
Judge
of the High Court North Gauteng High Court
I
agree and it is so ordered
___________________
N
MAVUNDLA
Judge
of the High Court
North
Gauteng High Court