S v Guman (73/89) [1990] ZASCA 122 (28 September 1990)

S v Guman (73/89) [1990] ZASCA 122 (28 September 1990)

The court found that the evidence, including the corroborated testimony of police officers and the informer, the discovery of unwrought gold, a scale, and a calculator in the appellant's house, and the appellant's conduct during the police trap, established beyond reasonable doubt that the appellant unlawfully bought and possessed unwrought gold and an unpolished diamond. The court rejected the appellant's version as unsatisfactory and inconsistent, and found no reasonable possibility that the State witnesses conspired to falsely incriminate him. The circumstantial evidence, including the location and manner of discovery of the gold and diamond, supported the inference that the appellant...

Citation
[1990] ZASCA 122
Parties
Appellant: Farouk Guman; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 September 1990
Case Number
73/89
Procedural Posture
Criminal Appeal / Appeal Against Conviction Only, Following Dismissal of Appeal in the Transvaal Provincial Division
Outcome
Appeal dismissed; convictions and sentences confirmed.
Judges
Van Heerden, Milne, Steyn
Legal Topics
Unlawful Possession of Gold, Unlawful Possession of Diamond, Mining Rights Act, Diamonds Act, Evidentiary Contradictions, Onus of Proof
Criminal Law Unlawful Possession of Gold Unlawful Possession of Diamond Mining Rights Act Diamonds Act Evidentiary Contradictions Onus of Proof

Case Brief

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Parties

Farouk Guman

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction Only, Following Dismissal of Appeal in the Transvaal Provincial Division

Legal Issues

  1. 1 Whether the appellant unlawfully bought unwrought gold in contravention of section 143(1) of the Mining Rights Act.
  2. 2 Whether the appellant unlawfully possessed unwrought gold in contravention of section 143(3) of the Mining Rights Act.
  3. 3 Whether the appellant unlawfully possessed an unpolished diamond in contravention of section 18 of the Diamonds Act.

Ratio Decidendi

The court found that the evidence, including the corroborated testimony of police officers and the informer, the discovery of unwrought gold, a scale, and a calculator in the appellant's house, and the appellant's conduct during the police trap, established beyond reasonable doubt that the appellant unlawfully bought and possessed unwrought gold and an unpolished diamond. The court rejected the appellant's version as unsatisfactory and inconsistent, and found no reasonable possibility that the State witnesses conspired to falsely incriminate him. The circumstantial evidence, including the location and manner of discovery of the gold and diamond, supported the inference that the appellant...

Court Disposition

Appeal dismissed; convictions and sentences confirmed.

Orders

  • The appeal against conviction on all three counts is dismissed.
  • The sentences imposed by the magistrate are confirmed.