Hlupani Austin Sibanda & Ellmone Nkomo v The State

SC 80/25

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Case Details

Court

Supreme Court

Date

24 July 2025

Citation

SC 80/25

Neutral Citation

[2025] ZWSC 80

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Guvava JA

Full Bench

Guvava JAMakoni JAChatukuta JA

Areas of Law

Criminal lawWildlife conservation law

Keywords

Ivory possessionParks and Wildlife RegulationsUnlawful possessionRegistration requirement

Key Issues

{"issue_text":"Whether appellants were in lawful possession of ivory under s 77 of S.I 362/90 within the 15-day registration period","issue_type":"law","dispositive":"yes","related_facts":"Found ivory in bush, transported to Bulawayo, claimed intention to surrender for reward"}
{"issue_text":"Whether the State discharged its onus to prove unlawful possession beyond reasonable doubt","issue_type":"law","dispositive":"no","related_facts":"Possession without permit, no lawful acquisition established"}
{"issue_text":"Whether s 77 provides defence to unlawful possession when intention is reward rather than registration","issue_type":"law","dispositive":"yes","related_facts":"Appellants claimed they wanted reward from Parks and Wildlife"}

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background

Facts of the Case

Background

The appellants were found in possession of two raw unmarked pieces of ivory weighing 21.75 kilograms without a license or permit. They claimed they found the ivory in Lupane and were transporting it to Bulawayo to surrender it to Parks and Wildlife offices for a reward within the 15-day period allowed by law.

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