Majikazana v The State

The appellant was convicted in the Eastern Cape High Court of murder and of unlawful possession of a firearm and ammunition under the Arms and Ammunition Act 75 of 1969. The murder arose from taxi-violence-related factional conflict. On 9 October 1999, after an altercation at a taxi rank in which his associate was stabbed, the appellant went to Fort Beaufort Hospital. There he encountered the deceased, who was wounded and in a wheelchair, and shot him multiple times, killing him. The firearm used belonged to a co-accused but was in the appellant’s possession. During trial proceedings, it later emerged that the presiding judge had previously heard and dismissed a bail appeal involving the appellant, a fact not disclosed or raised at trial. The appellant appealed against his convictions and sentences, alleging unfair trial due to apprehension of bias, and challenged the firearm and ammunition convictions and the sentence imposed for murder.

The appeal against the murder conviction was dismissed; the sentence of 25 years’ imprisonment was set aside and replaced with 15 years’ imprisonment, backdated to 4 December 2000. The appeal against the conviction and sentence for unlawful possession of a firearm was dismissed. The appeal against the conviction and sentence for unlawful possession of ammunition succeeded and that conviction and sentence were set aside.

The case clarifies that where no recusal application is made at trial, an accused relying on a post-trial special entry must prove actual bias to establish a failure of justice. It also reaffirms that mens rea is an essential element of unlawful possession of a firearm under the Arms and Ammunition Act and that use of the firearm for an unlawful purpose establishes such mens rea. Additionally, it underscores the obligation of sentencing courts to properly apply the minimum sentencing regime under the Criminal Law Amendment Act.