Abstract:
The case under discussion sheds light on the proper construction and interpretation
of the term “pointing” for purposes of establishing the offence of pointing a
firearm. The offence of pointing a firearm is currently provided for in terms of
section 120(6) of the Firearms Control Act 60 of 2000 which renders it an offence
to point any firearm, antique firearm or airgun; whether or not it is loaded
or capable of being discharged; or anything which is likely to lead a person to
believe that it is a firearm, antique firearm or airgun, at any person, without good
reason to do so. The precursor to the latter section was section 39(1)(i) of the
Arms and Ammunition Act 75 of 1969 which made it an offence for any person
to wilfully point any firearm, air rifle or air revolver at any person. The facts
giving rise to the case under discussion took place when Act 75 of 1969 was still
operative. Act 75 of 1969 has, however, subsequently been repealed in its entirety
and replaced with Act 60 of 2000. It is, however, trite that the definitional element
of the offence, namely “pointing”, is the same in both Acts and forms the
cornerstone of the decision under discussion.
