IN THE HIGH COURT OF SOUTH AFRICA 
(WESTERN CAPE HIGH COURT, CAPE TOWN)

Case No:    A520/2010

In the matter between:

KANTINI MOLEFINYANA 						Appellant

Versus

THE STATE 								Respondent

JUDGMENT DELIVERED ON 10 DECEMBER 2010

Allie, J

[1] The appellant was charged in the Regional Court held at Vredenburg with attempted murder, illegal possession of a firearm and with illegal possession of ammunition. He pleaded not guilty on all 3 counts. He had legal representation.

[2] He was acquitted of the attempted murder count but was convicted of illegal possession of a firearm and of ammunition. Both counts were taken together for the purpose of sentence. He was sentenced to 7 years direct imprisonment.

[4] On behalf of the state it was submitted that the Magistrate was correct in finding that the offences were serious and that illegal firearms are a scourge which causes damage in society.

[5] Section 3 of the Firearms Control Act 60 of 2000 prohibits possession of a firearm without a licence, permit or authorisation in terms of the Act.

[6] Section 90 prohibits possession of ammunition unless the holder has a licence, permit or authorisation to possess a firearm or ammunition.

[7] The maximum penalty prescribed by the Act for a contravention of Section 3 is 15 years imprisonment and for a contravention of Section 90 it is also 15 years imprisonment.

ALLIE, J

I agree

ENGERS, AJ

And it is so ordered.