David Nketumane Mafiri v The State

The appellant was charged with multiple offences, including unlawful possession of a firearm and ammunition. After most charges were withdrawn or resulted in acquittals, he was ultimately convicted in the Transvaal Provincial Division of unlawful possession of a pistol and ammunition found under a pillow on a bed in a bedroom at his house. The appellant denied knowledge of the firearm and ammunition, explaining that the bedroom was occupied by a friend, Elias Makakula. Police evidence about access to the bedroom was contradictory, and the appellant maintained that he consented to searches and cooperated fully. His explanation was rejected by the trial court and the Full Court, leading to an appeal to the Supreme Court of Appeal.

The appeal was upheld. The appellant’s convictions and sentences for unlawful possession of a pistol and ammunition were set aside.

The case reaffirms the proper application of the burden of proof in criminal cases involving unlawful possession of firearms after the invalidation of statutory presumptions. It underscores that the State must prove possession, knowledge, and control beyond reasonable doubt and that an accused’s explanation must be accepted if reasonably possibly true.