In the matter between: 
DAVID DE VILLIERS 
versus 
THE STATE

JUDGMENT

I shall refer to the appellant as the accused, merefy for the sake of convenience.

1]     The appeal succeeds but only to the following extent:-
a]	The conviction of the accused on count 2 and the sentence imposed in respect thereof are set aside.
b]	The sentence imposed in respect of count 7 is set aside and substituted with a sentence of 1 year's imprisonment.

In summary the accused will have to serve a term of imprisonment of 26 years. 

2]     The sentences imposed today shall be deemed to have been imposed on 10 April 2000 ie. the date on which the
accused had originally been sentenced. 

3]     The magistrate's finding that the accused is unfit to handle and possess a fire-arm remains unaffected. 

4]     It is recorded that the magistrate's request that the release of the accused on parole must not be considered before he has served 20 years of his sentence had not at the  time   been  statutorily  sanctioned   as  yet  and   is deleted.
5] Paragraph 1 (b) above will be effective only if the sentence imposed in respect of count 7 was 10 (ten) years' Imprisonment.

						
						VAN REENEN, J

I agree.