The appellant, Justice Khakhathi Nevhutalu, a military policeman in the South African National Defence Force, was off duty and travelling as a passenger in a vehicle on the N1 between Louis Trichardt and Polokwane. Following a road-rage altercation with occupants of another vehicle, he twice pointed what appeared to be a firearm at the complainants and swore at them. The complainants were frightened and reported the incident to the police. The appellant was arrested shortly thereafter and a firearm and magazine were seized from him. He was convicted in the Regional Court of contravening s 39(1)(i) of the Arms and Ammunition Act 75 of 1969 (pointing a firearm) and sentenced to six months’ direct imprisonment, declared unfit to possess a firearm, and had his firearm forfeited. His appeal against sentence to the High Court failed, after which he appealed to the Supreme Court of Appeal.
The appeal against sentence was upheld. The sentence of six months’ direct imprisonment was set aside and replaced with six months’ imprisonment wholly suspended for five years on specified conditions. The appeal against conviction was dismissed. The order declaring the appellant unfit to possess a firearm was set aside.
The case reaffirms core South African sentencing principles, particularly that imprisonment should not be imposed unless clearly justified, and that sentencing courts must consider non-custodial options. It confirms that appellate courts may interfere where material misdirections occur. The judgment also underscores that a declaration of unfitness to possess a firearm requires a proper enquiry and reasons, and cannot be made as a matter of course.