IN THE HIGH COURT OF SOUTH AFRICA 
			(CAPE OF GOOD HOPE PROVINCIAL DIVISION)

Case no: A502/2008

v

JUDGMENT GIVEN THIS FRIDAY, 13 FEBRUARY 2009

CLEAVER J:

"Unless the court determines otherwise, a person becomes unfit to possess a firearm if convicted of-

a)	

.............

j) any offence involving the abuse of alcohol or drugs."

[5] This is not a case where insufficient evidence was put before the magistrate thus indicating that the implications of the section were not understood. The appellant, who was duly represented by an attorney, was in effect asked to place information before the court for an enquiry. He efected not to do so and in the circumstances there was no reason for the court to determine him to be fit to possess a firearm. The fact that the order was made in terms of s 103(2) does not mean that the matter should be referred back to the magistrate. The order can be corrected on appeal.

1.	The conviction and sentence are confirmed.
2.	The determination and declaration in terms of s 103(2) (a) and s 103(2) (b) of Act 60 of 	2000 is set aside and substituted with the following:
"Determination in terms of section 103(1)
No order of determination is made; the accused is therefore unfit to possess a firearm."

POTGIETER ,AJ