Happy Shikwambane and Ben Masiso v The State

The appellants, Happy Shikwambane and Ben Masiso, were co-accused with Muziwakhe Mbuli in a criminal trial arising from a robbery. They were convicted, inter alia, of contravening s 32(1)(c) of the Arms and Ammunition Act 75 of 1969 on the basis that they jointly possessed a hand grenade used in the commission of the offence. Mbuli’s appeal to the Supreme Court of Appeal succeeded on the hand grenade charge, with the court finding that joint possession had not been proved. The present appeal arose after the court directed that the appellants’ lapsed appeals be revived so that their convictions on the same charge could be reconsidered in light of the Mbuli judgment.

The appeal was allowed. The convictions and sentences of the first and second appellants for contravening s 32(1)(c) of the Arms and Ammunition Act 75 of 1969 were set aside.

The case confirms and applies the Supreme Court of Appeal’s approach to joint possession of prohibited arms, clarifying that strict proof of possession is required. It reinforces that criminal liability for statutory possession offences cannot be extended on the basis of association, knowledge, or common purpose alone.