The KwaZulu-Natal High Court in Pietermaritzburg has set aside the conviction and sentence of Gaba Octavia Jojo, who faced charges related to the alleged contravention of the Firearms Control Act.
The case stemmed from an incident that took place on September 20, 2023, in the Kokstad Magistrate’s Court, where Jojo was initially charged with unlawfully pointing a firearm at one Bulelwa Mazomba. Despite initially pleading guilty, he retracted that plea and insisted he had only pointed a toy gun, not a real firearm. This change of plea was pivotal, as it set the stage for the subsequent trial and eventual review.
During the trial, Mazomba testified that Jojo had pointed a firearm at her; however, under cross-examination, she did not contest Jojo’s claim that the firearm in question was, in fact, a toy. The prosecution rested its case without producing further evidence to establish that Jojo had indeed possessed a firearm as defined in the Firearms Control Act.
The Act outlines what constitutes a firearm, and notably, “a toy firearm does not fall under this definition”. The court’s assessment revealed that Mazomba had not sustained any injuries or damage to property as a result of Jojo's actions, further weakening the State’s case.
Presiding Judge J Mossop, with Judge E Bezuidenhout in agreement, noted a considerable lack of evidence from the prosecution to uphold the conviction. He stated unequivocally, “Mr Jojo’s version was that he possessed a toy gun. No attempt was made to prove that it was, to the contrary, a firearm as contemplated by the Act.”
With these findings, the court concluded that Jojo should have been acquitted at the end of the State’s case. Judge Mossop, citing the insufficiency of evidence, ultimately proposed the order to set aside both the conviction and sentence imposed upon Jojo.
#Conviction
