Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Khanyeza v S (AR167/2022) [2023] ZAKZPHC 21 (17 February 2023)
The High Court set aside a magistrate’s declaration that the appellant was unfit to possess a firearm, holding that the section 103 enquiry lacked adequate reasons.
Janki v S (AR65/2020) [2021] ZAKZPHC 67 (19 August 2021)
The court found that the appellant's version was inconsistent and contradicted by the physical evidence, particularly the trajectory of the bullet wounds, which indicated the complainant was not advancing face-on as alleged. The complainant was found to be a credible witness, and the evidence did not support the existence of an imminent threat justifying private defence. The appellant's conduct was unreasonable and unlawful, and the defence of private defence failed. The automatic disqualification from possessing a firearm under section 103(1) of the Firearms Control Act was upheld, as the ap…
Source excerpt
S v A R; S v R B; S v A C (B5/2019; B78/2019; SHA70/2018) [2019] ZAWCHC 146; 2020 (1) SACR 580 (WCC) (1 November 2019)
High Court review of three juvenile criminal matters clarified that the Firearms Control Act requires a finding of unfitness, not an affirmative “fit” order.
Mazibuko v S (R152/2019) [2019] ZAFSHC 194 (19 September 2019)
The court set aside a conviction for housebreaking with intent to steal and theft, substituting theft only, and held that no firearm-unfitness order could stand.
S v Ledwaba [2019] ZASCA 64 (27 May 2019)
The Supreme Court of Appeal reduced a culpable homicide sentence from five years to seven months and set aside an unfitness-to-possess-firearm declaration.
Venter v S (A505/2016) [2017] ZAGPPHC 384 (21 July 2017)
The High Court dismissed an appeal against conviction and sentence for failing to secure a firearm properly, but set aside the order declaring the appellant unfit to possess firearms.
S v Rasena (CA&R247/2016) [2016] ZAECGHC 78; 2017 (1) SACR 565 (ECG) (13 September 2016)
Review of criminal convictions and firearm-fitnes enquiry. Count 2 conviction and sentence were set aside because section 112(1)(a) was misapplied.
Magagula v S (A55/16) [2016] ZAGPPHC 742 (19 August 2016)
The High Court confirmed a common assault conviction and sentence, but set aside a firearm-disqualification order for lack of a proper Section 103 enquiry.
Appelgryn v S (A953/13) [2014] ZAGPPHC 256 (17 April 2014)
The High Court set aside a magistrate’s order declaring the appellant unfit to possess a firearm after her fraud conviction under section 103 of the Firearms Control Act.
S v Mofo (444/2012) [2013] ZAFSHC 22 (7 March 2013)
The Free State High Court confirmed a conviction and sentence for stock theft, but set aside the magistrate’s order declaring the accused unfit to possess a firearm.
Explore more
