S v Cossa (96/2015) [2015] ZAFSHC 115 (25 June 2015)

S v Cossa (96/2015) [2015] ZAFSHC 115 (25 June 2015)

The magistrate's order declaring the accused unfit to possess a firearm was ultra vires, as section 103 of the Firearms Control Act, 60 of 2000 does not apply to the offence for which the accused was convicted. The accused was properly convicted and sentenced for contravening section 49(1)(a) of Act 13 of 2002, but the additional order regarding firearm competency was not authorized by law and must be set aside. The sentence of a fine of R1,000 or three months' imprisonment is confirmed as appropriate.

Citation
[2015] ZAFSHC 115
Parties
Applicant: The State; Respondent: Rui Vincente Cossa
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
25 June 2015
Case Number
96/2015
Procedural Posture
Review Application / Special Review Under Section 304(4) of Act 51 of 1977
Outcome
The sentence is amended to exclude the order declaring the accused unfit to possess a firearm. The accused is sentenced to a fine of R1,000 or three months' imprisonment.
Judges
A. Williams, S. Naidoo
Legal Topics
Illegal Foreigner, Firearms Control Act, Sentencing, Ultra Vires Order
Criminal Law Illegal Foreigner Firearms Control Act Sentencing Ultra Vires Order

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Parties

The State

Applicant

Rui Vincente Cossa

Respondent

Procedural Posture

Review Application / Special Review Under Section 304(4) of Act 51 of 1977

Legal Issues

  1. 1 Whether the magistrate's order declaring the accused unfit to possess a firearm was lawful.
  2. 2 Whether the provisions of section 103 of the Firearms Control Act, 60 of 2000 apply to the offence for which the accused was convicted.
  3. 3 Whether the sentence imposed by the magistrate was appropriate.

Ratio Decidendi

The magistrate's order declaring the accused unfit to possess a firearm was ultra vires, as section 103 of the Firearms Control Act, 60 of 2000 does not apply to the offence for which the accused was convicted. The accused was properly convicted and sentenced for contravening section 49(1)(a) of Act 13 of 2002, but the additional order regarding firearm competency was not authorized by law and must be set aside. The sentence of a fine of R1,000 or three months' imprisonment is confirmed as appropriate.

Court Disposition

The sentence is amended to exclude the order declaring the accused unfit to possess a firearm. The accused is sentenced to a fine of R1,000 or three months' imprisonment.

Orders

  • The accused is sentenced to a fine of R1,000 or three months' imprisonment.
  • The order declaring the accused unfit to possess a firearm is set aside.