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South Africa: Free State High Court, Bloemfontein
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South Africa: Free State High Court, Bloemfontein
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2015
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[2015] ZAFSHC 115
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S v Cossa (96/2015) [2015] ZAFSHC 115 (25 June 2015)
IN THE HIGH COURT OF SOUTH AFRICA
FREE
STATE DIVISION, BLOEMFONTEIN
Review Number : 96/2015
In
the review of:
THE
STATE
and
RUI VINCENTE COSSA
CORAM:
NAIDOO, J et WILLIAMS, AJ
JUDGMENT
BY:
WILLIAMS, AJ
DELIVERED
ON:
25 JUNE 2015
[1]
This is a special review under section 304(4) of Act 51 of 1977.
[2]
The accused was charged with contravening section 49(1)(a) of Act 13
of 2002- Illegal Foreigner, in the magistrate’s court,
Welkom.
The accused was represented by Me Seati who confirmed the plea of
guilty by the accused in terms of section 112(2) of the
Criminal
Procedure Act. After his written statement in terms of the Act had
been read into the record, the learned magistrate found
the accused
guilty as charged.
[3]
The accused was thereupon sentenced to a fine of R1 000,00 or three
months’ imprisonment. In terms of section 103(2) of
Act 60 of
2000, the accused was furthermore declared unfit to possess a
firearm. In this regard the clerk of the court has also
informed the
registrar of the Firearms Registry Centre of the magistrate’s
order declaring the accused unfit to possess a
firearm.
[4]
The provisions of
section 103
of the
Firearms Control Act, 60 of 2000
are, however, not applicable in this instance.
Section 103(1)(a)
–
103
(1)(o) as well as
section 103(2)
with reference to schedule 2 does
not warrant an enquiry into the competency of a person to possess a
firearm. This part of the
order is therefore ultra vires.
[5]
I therefore propose that the following order be made:
The
sentence of the court a quo is amended to read as follows:
1.
The accused is
sentenced to a fine of R1 000,00 or three months’ imprisonment.
_____________________________
A.
WILLIAMS, AJ
I
agree:
______________________________
S. NAIDOO, J