A Uniondale farmer, André Barnard, has been sentenced to wholly suspended fines totaling R60,000 by the Thembalethu Regional Court. The sentence follows his conviction on six charges relating to the illegal trapping and death of a leopard on his farm in 2020. Barnard was sentenced to a R40,000 fine or two years' imprisonment on counts one and two, wholly suspended for five years on condition that he is not convicted of a similar offence committed during the suspension period.
The court heard that the leopard was dehydrated and starved, and may have survived in the trap for up to 21 days. The animal had apparently tried to consume sticks, as some were found in its stomach, and there were indications that it had attempted to escape. The state argued that Barnard could and should have ensured that the cage was inspected, and stressed the conservation significance of the loss of a free-roaming leopard.
The state sought imprisonment, emphasizing the seriousness of the offences and the suffering endured by the leopard. Although CapeNature could not attach a commercial value to the animal, the state argued that its loss went beyond monetary value and that wildlife had to be protected for future generations. The state also questioned whether a fine or correctional supervision would have sufficient rehabilitative or deterrent effect, given that Barnard now farms in a secluded area.
The defence argued that direct imprisonment would be disproportionate and that a fine or correctional supervision would be appropriate. It emphasized that Barnard, 55, is a first offender, lifelong farmer, self-employed, and the primary breadwinner with a strong family support structure. The defence referred to the financial and personal consequences experienced by Barnard and his family, including drought and livestock losses, financial difficulties, and public ostracisation.
During sentencing, the magistrate said the court had to balance the seriousness of the six charges, Barnard's personal circumstances, and the interests of society. The court regarded the offences as serious, particularly because they involved a protected animal, and recognized the importance of conserving wildlife for future generations. However, the magistrate said public anger or indignation could not determine the sentence.
The court considered two reports and Barnard's circumstances, including that he is a first offender, married, has two adult children, and continues to earn his living through farming after relocating to the Northern Cape. The magistrate also considered the absence of a commercial motive and said the applicable offences provide for fines and do not prescribe a minimum prison sentence.
The court ultimately found that direct imprisonment was not appropriate and allowed Barnard to remain productive and earn an income, while imposing a sentence intended to deter him and others from similar conduct. The magistrate informed Barnard that he had 10 days to appeal the sentence. The case has been before court for several years and has attracted attention from conservation organisations, particularly the Landmark Foundation.
Key points
- The farmer, André Barnard, was handed suspended fines totaling R60,000 for the illegal trapping and death of a leopard on his farm in 2020.
- The court heard that the leopard was dehydrated and starved, and may have survived in the trap for up to 21 days.
- The sentence was imposed to deter Barnard and others from similar conduct, while allowing Barnard to remain productive and earn an income.
