Lemthongthai v The State

The appellant, a Thai national, fraudulently procured 26 permits under the National Environmental Management: Biodiversity Act 10 of 2004 (NEMBA) to hunt rhino, falsely representing that the hunts were for bona fide trophy hunting. In truth, the persons named as hunters were used as fronts and did not participate. Acting through local outfitters, 26 rhinos were shot and killed, and most of their horns were exported. The appellant unlawfully manipulated customs documentation, including changing consignees and destinations, to export rhino horn in contravention of CITES. He pleaded guilty to 26 counts of improper use of permits under s 80(1)(i) of the Customs and Excise Act 91 of 1964 and 26 counts of carrying out restricted activities involving a protected species without valid permits under s 57(1) read with ss 101 and 102 of NEMBA. The regional court sentenced him to an effective 40 years’ imprisonment, reduced on appeal to the high court to 30 years’ imprisonment, which he further appealed to the Supreme Court of Appeal.

The appeal was upheld in part. The high court’s sentence was set aside and replaced with an effective sentence of a R1 million fine plus 13 years’ imprisonment, antedated to 9 July 2011, with a default sentence of 18 years’ imprisonment if the fine was not paid.

This decision is a leading South African authority on sentencing for serious environmental and wildlife crimes. It affirms the constitutional duty to protect biodiversity, underscores the seriousness of abusing regulatory permit systems, and clarifies that while deterrent sentences are necessary, they must remain proportionate and based on proven facts. The case also illustrates the SCA’s willingness to correct excessive sentences in environmental crime matters despite strong public interest considerations.