Kwanda v The State

The appellant, Johannes Kwanda, was part of a group arrested on 15 April 2000 before a planned armed robbery of the Springs branch of ABSA Bank could be carried out. He was the driver of a vehicle in which two passengers were present, one of whom (Sipho Mahlenche) was in physical possession of an AK47 firearm and ammunition. It was common cause that the appellant never physically possessed the firearm or ammunition. There was a dispute as to whether he knew about the firearm. He was convicted in the Regional Court of conspiracy to commit armed robbery and unlawful possession of a firearm and ammunition under s 32(1)(a) and s 32(1)(e) of the Arms and Ammunition Act 75 of 1969. On appeal, only the convictions for unlawful possession of the firearm and ammunition were challenged.

The appeal was upheld. The convictions and sentences for contravening ss 32(1)(a) and 32(1)(e) of the Arms and Ammunition Act 75 of 1969 were set aside.

The case confirms and reinforces the strict requirements for proving joint possession of firearms and ammunition in South African criminal law. It clarifies that mere knowledge of, or association with, a co-accused who possesses a firearm does not constitute joint possession, even in the context of a conspiracy to commit a serious crime.