Mercer v The State

The applicant, Christopher Lance Mercer, was convicted in the Kuruman Magistrates’ Court in September 2001 for contravening sections 31(1) and 44(1)(a) of the Nature and Environmental Conservation Ordinance 19 of 1974 (Cape), which prohibit the harbouring of certain wild animals without a permit. Mercer operated the Kalahari Raptor Centre with his partner and kept three caracals. Prior to his conviction, his applications for permits to harbour the caracals were repeatedly refused by nature conservation authorities on the basis that the animals were classified as potential problem animals under the Problem Animal Control Ordinance 26 of 1957 (Cape). His appeal against conviction and sentence to the Northern Cape High Court was dismissed, although his sentence was reduced to a caution and discharge. Applications for leave to appeal to the Supreme Court of Appeal were refused. Mercer then applied to the Constitutional Court for leave to appeal and for condonation for late filing, raising constitutional challenges to the relevant ordinances, the permit refusal, and the fairness of his prosecution.

The application for condonation and for leave to appeal was dismissed.

The case clarifies the Constitutional Court’s approach to condonation and prospects of success in criminal appeals, reinforces the limits of appellate jurisdiction in constitutional matters, and affirms that administrative decisions must be challenged through proper review proceedings rather than indirectly in criminal appeals. It also confirms the constitutional permissibility of environmental permit regimes as a means of regulating wildlife conservation.