S v Bartmann en Andere (158/93) [1995] ZASCA 159 (30 November 1995)

S v Bartmann en Andere (158/93) [1995] ZASCA 159 (30 November 1995)

The Supreme Court of Appeal held that the word 'verloor' (lost) in the SAP 271 firearm licence application form is ambiguous and capable of multiple meanings, including both loss by theft or robbery and loss by disappearance. The State failed to prove beyond reasonable doubt that the accused's answers were false or constituted fraud, as the innocent meaning of 'verloor' was not excluded. Regarding the reporting of lost firearms, the Court found that the accused successfully rebutted the statutory presumption for two of the three firearms in question, based on credible evidence of standard reporting practice and contemporaneous records. However, for the third firearm, due to the passage of...

Citation
[1995] ZASCA 159
Parties
Appellant: Abraham Albertus Cilliers Bartmann (Snr); Appellant: Springbok Patrols (Edms) Bpk; Appellant: Alert Springbok Patrols BK; Appellant: Abraham Albertus Cilliers Bartmann (Jnr); Respondent: Die Staat
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 November 1995
Case Number
158/93
Procedural Posture
Criminal Appeal / Appeal From Witwatersrand Local Division and Johannesburg Regional Court
Outcome
The appeals of accused 1, 2, and 4 against their convictions on count 152 are dismissed; the appeals of accused 1 and 3 against their convictions on count 153 are upheld; the State's appeal is dismissed.
Judges
Van Heerden, Vivier, Marais
Legal Topics
Fraud, Firearms Control, Statutory Presumption, Burden of Proof, Reporting Obligation, Interpretation of Statute
Criminal Law Fraud Firearms Control Statutory Presumption Burden of Proof Reporting Obligation Interpretation of Statute

Case Brief

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Parties

Abraham Albertus Cilliers Bartmann (Snr)

Appellant

Springbok Patrols (Edms) Bpk

Appellant

Alert Springbok Patrols BK

Appellant

Abraham Albertus Cilliers Bartmann (Jnr)

Appellant

Die Staat

Respondent

Procedural Posture

Criminal Appeal / Appeal From Witwatersrand Local Division and Johannesburg Regional Court

Legal Issues

  1. 1 Whether the word 'verloor' (lost) in the SAP 271 firearm licence application form includes loss by theft or robbery.
  2. 2 Whether the State proved that the answers given by the accused on the firearm licence applications were false and constituted fraud.
  3. 3 Whether the accused failed to report the loss, theft, or destruction of firearms within the prescribed period as required by section 38 of the Arms and Ammunition Act 75 of 1969.

Ratio Decidendi

The Supreme Court of Appeal held that the word 'verloor' (lost) in the SAP 271 firearm licence application form is ambiguous and capable of multiple meanings, including both loss by theft or robbery and loss by disappearance. The State failed to prove beyond reasonable doubt that the accused's answers were false or constituted fraud, as the innocent meaning of 'verloor' was not excluded. Regarding the reporting of lost firearms, the Court found that the accused successfully rebutted the statutory presumption for two of the three firearms in question, based on credible evidence of standard reporting practice and contemporaneous records. However, for the third firearm, due to the passage of...

Court Disposition

The appeals of accused 1, 2, and 4 against their convictions on count 152 are dismissed; the appeals of accused 1 and 3 against their convictions on count 153 are upheld; the State's appeal is dismissed.

Orders

  • Accused 1, 2, and 4's appeals against their convictions on count 152 are dismissed.
  • Accused 1 and 3's appeals against their convictions on count 153 are upheld.