Skweyiya J
Order
[71] In the result, the following order is made:
(a) Paragraphs (a), (b) and (c) of the order of the Mthatha High Court in S v Thunzi; S v Mlonzi, under Case No. 213749, made on 5 August 2009 and referred to this Court for confirmation, are not confirmed.
(b) Those paragraphs of the order are set aside and replaced with the following:
-(i) It is declared that Government Notice R409 published under Government Gazette No. 4601 on 7 March 1975 is inconsistent with the Constitution and hence invalid, and is set aside.
(ii) This order does not invalidate any conviction or sentence in terms of the Dangerous Weapons Act 71 of 1968 (Transkei), unless either an appeal from, or a review of, the relevant sentence is pending, or the time for noting an appeal has not yet expired, or condonation for the late noting of an appeal or late filing of an application for leave to appeal is granted by a competent court.‖
(c) The Director of Public Prosecutions, Mthatha, is directed to withdraw all pending charges under section 4 of the Dangerous Weapons Act 71 of 1968 (Transkei).
(d) The Director of Public Prosecutions, Mthatha, is directed to furnish the Head of the Impact Litigation Unit of Legal Aid South Africa and the Minister for Justice and Constitutional Development with a report, and to lodge a copy thereof with this Court, within three months of the date of this order, setting out the following details of all persons who are currently serving a sentence of direct imprisonment under section 4 of the Dangerous Weapons Act 71 of 1968 (Transkei):
(i) their full name;
(ii) their prison number;
(iii) the name and address of the correctional facility where they are currently serving their sentence;
(iv) the case number under which they were sentenced;
(v) the court that passed the sentence;
(vi) the date on which the sentence was passed;
(vii) the sentence imposed;
(viii) whether the offender was legally represented at the time of his or her sentence and, if so, the name and contact number, if known, of the legal representative;
(ix) if the offender was unrepresented, whether the case went on automatic review, including the review number and the outcome of the review; and
(x) the outcome and date of any order made in respect of any application for leave to appeal or petition that the offender may have filed.
(e) Legal Aid South Africa is requested to consult with any offender who is serving a sentence under section 4 of the Dangerous Weapons Act 71 of 1968
(Transkei) and to provide any such offender who seeks to take such sentence on appeal or review with legal assistance if necessary.
(f) Legal Aid South Africa is requested to report to the Director of Public Prosecutions, Mthatha, within three months of receiving the details of all persons imprisoned under section 4 of the Dangerous Weapons Act 71 of 1968 (Transkei) on whether any further relief will be sought on behalf of any such offender. A copy of this report is to be lodged with this Court.