Ngubane v S (A1436/17, 09/17) [2018] ZAGPPHC 869 (10 December 2018)

Ngubane v S (A1436/17, 09/17) [2018] ZAGPPHC 869 (10 December 2018)

The trial magistrate acted irregularly and ultra vires by declaring the accused unfit to possess a firearm under section 103 of the Firearm Control Act 60 of 2000, as the conviction for possession of drugs does not fall under the offences listed in section 103(1)(j) or (k). The accused's right to a fair trial was disregarded, rendering the order not in accordance with justice. The conviction and sentence for possession of drugs are confirmed, but the firearm order is set aside.

Citation
[2018] ZAGPPHC 869
Parties
Applicant: Vusimuzijabulani Ngubane; Respondent: The State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
10 December 2018
Case Number
A1436/17, 09/17
Procedural Posture
Review Application / Special Review Under Section 304(4) of the Criminal Procedure Act
Outcome
Conviction and sentence for possession of drugs confirmed; order declaring accused unfit to possess a firearm set aside.
Judges
M J Mosopa, Maumela
Legal Topics
Possession of Drugs, Firearm Control Act Section 103, Plea and Sentence, Judicial Review
Criminal Law Possession of Drugs Firearm Control Act Section 103 Plea and Sentence Judicial Review

Case Brief

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Parties

Vusimuzijabulani Ngubane

Applicant

The State

Respondent

Procedural Posture

Review Application / Special Review Under Section 304(4) of the Criminal Procedure Act

Legal Issues

  1. 1 Whether the order declaring the accused unfit to possess a firearm under section 103 of the Firearm Control Act 60 of 2000 was correct.
  2. 2 Whether the conviction for possession of drugs was in accordance with justice.

Ratio Decidendi

The trial magistrate acted irregularly and ultra vires by declaring the accused unfit to possess a firearm under section 103 of the Firearm Control Act 60 of 2000, as the conviction for possession of drugs does not fall under the offences listed in section 103(1)(j) or (k). The accused's right to a fair trial was disregarded, rendering the order not in accordance with justice. The conviction and sentence for possession of drugs are confirmed, but the firearm order is set aside.

Court Disposition

Conviction and sentence for possession of drugs confirmed; order declaring accused unfit to possess a firearm set aside.

Orders

  • The conviction for possession of drugs in terms of section 4(b) read with sections 1, 13, 17 to 25 and 64 of the Drug and Drug Trafficking Act 140 of 1992 is confirmed.
  • The sentence of a fine of R500.00 or three months imprisonment is confirmed.