Re-assessing the interpretation of "pointing" for purposes of establishing the offence of pointing a firearms : Xabendlini v State (608/10) [2011] ZASCA 86

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 Act 75 of 1969 has, however, subsequently been repealed in its entirety and replaced with Act 60 of 2000.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.