GEORGE NEWS - A leopard that died a slow and distressing death in a cage trap on a Uniondale farm has now become the centre of a landmark court ruling, as farmer André Barnard was found guilty on all six charges linked to the incident.

The Thembalethu Regional Court handed this judgment down on Friday 29 May. The sentencing is expected to take place on 20 August.

The Landmark Foundation has welcomed the conviction on the charges relating to the capture and killing of a protected leopard on Barnard’s property. 

“This is, by any measure, a rare landmark conviction in the history of wildlife crime prosecution in South Africa, and it should be recognised as such,” said the foundation’s Bool Smuts. 

“It sends a clear message that biodiversity crimes cannot simply be ignored or treated as routine farm management issues.”

The adult male leopard was found dead in a cage on Barnard’s farm, having been left trapped without food or water for an extended period until it died from dehydration.

The foundation said the trap used was indiscriminate and capable of capturing a range of wildlife. It argued that the accused was aware of the risk to wildlife on the property and had a duty of care to prevent such outcomes.

Smuts said the case highlighted both progress and persistent weaknesses in environmental prosecutions. 

“While we acknowledge the work of the prosecution and the court in securing this conviction, the case also exposes how limited charging decisions can weaken environmental justice,” he said. 

“In our view, the full range of environmental legislation was not utilised despite being clearly applicable.”

Barnard’s defence included a denial that he personally set the trap, a claim the court rejected. Applications to have the case dismissed under Section 174 of the Criminal Procedure Act were also rejected.

Smuts described wildlife persecution in farming areas as a persistent issue, particularly involving so-called damage-causing animals, and said successful prosecutions remain rare. 

“This conviction matters because it shows that even long-standing patterns of wildlife persecution can be challenged in court,” Smuts said.

The organisation confirmed it will continue to monitor the case. It also said it would engage with justice sector stakeholders on improving the prosecution of environmental crimes in South Africa.

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