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S v Ndlovu and others

3 April 2019

High Court of the Republic of South Africa, Eastern Cape Division, Grahamstown

Case No. 90/2017

Date: 26 November 2018 (merits) and 3 April 2019 (sentencing)

Judge: Pickering J

This matter concerned the sentencing of three accused who have been found guilty of various offences relating to the rhino horn trade. The accused were found to have contravened, inter alia, the National Environmental Management: Biodiversity Act, 2004.

Download the judgment on the merits 

In sentencing the accused, the court found that the imposition of a fine must take into account the market value of the relevant contraband – in this case, rhino horn. Owing to the seriousness of the offences committed by the accused and their lack of remorse, the accused were handed sentences of 25 years’ imprisonment each.

Download the sentencing judgment  

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Section 24of the Constitution of the Republic of South Africa, 1996

Everyone has the right to an environment that is not harmful to their health or well-being; and to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that prevent pollution and ecological degradation; promote conservation; and secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.

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