R v Mafohla 1958 (2) SA 373 (SR)

R v Mafohla 1958 (2) SA 373 (SR)

This was a case decided by the Southern Rhodesia High Court. The case involved a charge of unlawfully hunting and taking possession of a kudu.

The accused, Mafohla, was charged with unlawfully hunting and taking possession of a kudu. Mafohla claimed that he had found the kudu dead and that he had taken the meat only.

Procedural History

The trial court held that Mafohla was guilty of unlawfully hunting and taking possession of a kudu. Mafohla appealed the decision to the Southern Rhodesia High Court.

Issue

The issue in this case was whether Mafohla had unlawfully hunted and taken possession of a kudu.

Holding

The Southern Rhodesia High Court held that Mafohla had not unlawfully hunted and taken possession of a kudu. The court reasoned that Mafohla had not wounded the kudu and that he had not therefore reduced the animal into his possession.

Reasoning

The court reasoned that Mafohla had not wounded the kudu and that he had not therefore reduced the animal into his possession. The court also reasoned that Mafohla had found the kudu dead and that he had taken the meat only.

Conclusion

The Southern Rhodesia High Court's decision in this case is significant because it clarifies the law relating to the hunting and taking of wild animals. The decision emphasizes that a person cannot be convicted of unlawfully hunting and taking possession of a wild animal unless they have wounded the animal and reduced it into their possession.

The decision also provides guidance to hunters and to the authorities responsible for enforcing hunting laws. Hunters should be aware of the law relating to the hunting of wild animals. The authorities responsible for enforcing hunting laws should be aware of the law relating to the hunting of wild animals and should take steps to enforce it.