South Africa Case Law

S v Mashaba (HC18/2024)

S v Mashaba (HC18/2024) [2024] ZANWHC 210 (12 August 2024)

Court

North West High Court, Mafikeng

Case number

HC18/2024

Judges

A Reddy, A H Petersen

The magistrate's order that the sentences run concurrently with any sentence the accused is serving was incompetent because no previous convictions were proved or admitted. The prosecution's failure to provide a SAP69 or prove previous convictions deprived the sentencing court of relevant information, which is undesirable and contrary to best practice. The order regarding unfitness to possess a firearm did not explicitly reference section 103(1) of the Firearms Control Act, but the court corrected this by deeming the accused unfit ex lege under section 103(1), as the offences involved violenc…

Source excerpt

• Assault With Intent To Do Grievous Bodily Harm
• Sentencing Procedure
• Concurrent Sentences
• Firearms Control Act Section 103
• Previous Convictions Proof

S v Sehloho (R82/2020)

S v Sehloho (R82/2020) [2021] ZAFSHC 123 (15 April 2021)

Court

Free State High Court, Bloemfontein

Case number

R82/2020

Judges

Mhlambi, Nekosie

The accused admitted knowing the goods were stolen and intended to benefit from their storage, satisfying the dishonesty element of section 36 of the General Law Amendment Act. His legal representation and confirmation of the section 112(2) statement rendered the admissions sufficient. The conviction is confirmed. The sentence is amended to reference the statutory provision, correcting the vague condition. The order declaring the accused unfit to possess a firearm under section 103(1) of the Firearms Control Act is set aside, as the magistrate failed to conduct the required enquiry under sect…

Source excerpt

• Possession Of Suspected Stolen Property
• Criminal Procedure Act Section 304
• Firearms Control Act Section 103
• Dishonesty Offences

S v Osmond (SA368/2018)

S v Osmond (SA368/2018) [2019] ZAMPMHC 19; 2020 (1) SACR 357 (ML) (11 December 2019)

Court

Middelburg High Court, Mpumalanga

Case number

SA368/2018

Judge

Ratshibvumo AJ

The review court found that the magistrate failed to conduct a proper inquiry into the accused's status as a primary caregiver and did not adequately consider the interests of his minor children, contrary to constitutional and case law requirements. The magistrate also failed to hold a proper inquiry under section 103(1) of the Firearms Control Act regarding the accused's fitness to possess a firearm, especially given the accused was unrepresented. The record keeping and transmission for review were delayed and incomplete, undermining the accused's right to a fair trial and proper review. The…

Source excerpt

• Sentencing Principles
• Primary Caregiver Inquiry
• Firearms Control Act Section 103
• Review Procedure
• Previous Convictions
• Record Keeping

S v Horn (123/2016)

S v Horn (123/2016) [2018] ZAWCHC 27; 2018 (1) SACR 685 (WCC) (26 February 2018)

Court

Western Cape High Court, Cape Town

Case number

123/2016

Judges

Wille, Andrews

The sentence imposed by the Acting Magistrate was incompetent and exceeded the jurisdictional limits of the Magistrates’ Court, as it was wholly suspended for eight years instead of the statutory maximum of five years. Previous convictions were not properly admitted, and the accused was unemployed, making a fine inappropriate. The failure to conduct a section 103 enquiry regarding firearm fitness was a material irregularity. The record incorrectly reflected a discharge for accused number two instead of withdrawal of charges, which could have prejudicial consequences. The High Court set aside…

Source excerpt

• Housebreaking With Intent To Steal
• Sentencing Irregularity
• Magistrates Court Jurisdiction
• Firearms Control Act Section 103
• Automatic Review

S v Kolobe (1667/2004)

S v Kolobe (1667/2004) [2004] ZAFSHC 132; 2006 (1) SACR 118 (O) (9 December 2004)

Court

Free State High Court, Bloemfontein

Case number

1667/2004

Judges

H.M. Musi, G.F. Wright

Review of a conviction for dagga possession. The High Court confirmed the fine and forfeiture, but set aside a firearm unfitness order under section 103.

• Possession Of Dagga
• Firearms Control Act Section 103
• Sentencing
• Forfeiture Of Drugs
• Dagga-possession
• Firearms-control-act