Trespassing with intent to hunt enough for conviction, court rules

The conviction of four men for illegal hunting in the KwaZulu-Natal Midlands — despite no animal having been killed — is being hailed as a significant victory for conservationists, and proves that wildlife protection laws can be enforced proactively. Landowners and conservation groups in the Midlands have been frustrated by the difficulty of securing convictions in the absence of wounded or dead animals to prove a poaching offence. According to the Lions River Honorary Officers, the four men were convicted in the Howick Magistrate’s Court on Friday, after they were found trespassing on private conservation land with 16 hunting dogs.

They were charged under Section 42(2) of the KwaZulu-Natal Nature Conservation Ordinance. Each was sentenced to a fine of R8 000 or 12 months’ imprisonment, with half of the sentence suspended for five years. They were also prohibited from returning to the property.

Most cases are dealt with after animals have already been killed. “This shows that the law can be enforced proactively to protect wildlife,” the group said. They added that the ruling makes it clear that unlawful entry with the intention to hunt is sufficient for prosecution. The Witnesspreviously reported a spike in poaching incidents across the region, with conservation groups warning that offenders are becoming increasingly organised and difficult to track.