Bilankulu and Another v The State

The appellants were convicted in the Limpopo Division of the High Court of murder, unlawful hunting of rhinoceros, and unlawful possession of a firearm and ammunition. The offences arose from a rhino-poaching operation at the Letaba Ranch Nature Reserve in January 2013. A field ranger, Khosa, acting as a police informer, participated in the operation. During an ambush set up by authorities, a shootout occurred between rangers/police and the poachers. A ranger, Mr Mulalu Nemakhavhani, was fatally shot by an unidentified person. Although it could not be proven who fired the fatal shot, the appellants were found to have acted with the requisite intent. The appellants were sentenced to an effective 50 years’ imprisonment with a non-parole period of 25 years, prompting an appeal against both conviction and sentence.

The appeal against conviction was dismissed. The appeal against sentence was upheld. The original sentence was set aside and replaced with sentences resulting in an effective term of 25 years’ imprisonment, with certain sentences ordered to run concurrently and no non-parole period imposed.

The case clarifies the application of s 252A of the Criminal Procedure Act, reaffirming that evidence obtained through undercover operations is automatically admissible where the State merely provides an opportunity to commit an offence. It also reinforces constitutional fair-trial principles relating to disclosure and confirms that non-parole periods may only be imposed after hearing the accused and providing proper reasons. The judgment is significant in the context of serious environmental crimes such as rhino poaching.