Scharnick faces three charges for allegedly failing to notify the registry of his address change and storing a firearm outside a prescribed safe.
Stuart Scharnick appeared in Randurg Magistrate’s Court on firearms-related charges. Picture: X/@CrimeWatch_RSA
The Randburg Magistrate’s Court has remanded Stuart Scharnick in custody after he appeared on gun-related charges following his dramatic arrest at the Madlanga commission last week.
Scharnick, 40, appeared briefly in court on Monday on charges relating to alleged contraventions of the Firearms Control Act.
Scharnick faces three gun-related charges
The police nabbed him on Thursday, 20 August, outside Brigitte Mabandla College in Pretoria after a Sowetan journalist opened a case of intimidation.
According to Herman Moloi, Scharnick confronted him during tea adjournment at the Madlanga commission after the journalist filmed him approaching suspended MP and National Coloured Congress (NCC) leader Fadiel Adams.
Moloi said suspended deputy national police commissioner Shadrack Sibiya’s ally intimidated him by pointing his finger, accusing him of filming him the previous day and posting it on social media, and suggesting they move the discussion outside. This prompted the journalist to open an intimidation case.
The South African Police Service (Saps) investigated compliance with firearm storage and registration requirements after the incident, according to the National Prosecuting Authority (NPA).
“It is alleged that police officials sought to conduct an inspection of the accused’s firearms and visited his residential address in Douglasdale,” NPA communication officer Magaboke Mohlatlole said.
“Upon arriving at the address, they were unable to locate him and subsequently discovered that he had relocated to another residence without notifying the Central Firearms Registry of his change of address, as required by law.”
Contraventions of the Firearms Control Act
Mohlatlole said the police then proceeded to Scharnick’s new address, which belongs to his partner.
During the inspection, officers allegedly found that one of his firearms was not stored in a prescribed safe, contrary to the requirements of the Firearms Control Act.
He faces the following charges:
- Contravention of section 25 of the Firearms Control Act 60 of 2000, for allegedly failing to notify the Central Firearms Registry of his change of address.
- Contravention of section 120(10)(a) of the Firearms Control Act 60 of 2000, for allegedly unlawfully giving possession of the firearm to another person by allowing that person access to the firearm safe keys.
- Contravention of section 120(8)(a) of the Firearms Control Act 60 of 2000, for allegedly storing a firearm in a safe that does not comply with the requirements prescribed by the Act.
“The South African Police Service reiterates that investigations into firearms-related offences remain a priority and that all persons found to be in contravention of the Firearms Control Act will be dealt with in accordance with the law,” Saps spokesperson Brigadier Athlenda Mathe said on Monday.
The Randburg Magistrate’s Court postponed the case to 1 September for a formal bail application. Scharnick remains in custody pending his next court appearance.
Bail application on 1 September
“The NPA remains committed to ensuring that matters involving alleged firearms-related offences are prosecuted fairly, efficiently, and in accordance with the law,” Mohlatlole said.
“Compliance with firearm control legislation is essential to promoting public safety and accountability among firearm owners.”
Meanwhile, Madlanga commission witnesses have mentioned Scharnick in earlier proceedings.
Last year, KwaZulu-Natal police alleged that a Saps employee manipulated the criminal records system to hide Scharnick’s history of cases, including 10 motor vehicle thefts and eight carjackings that consolidated into a lenient plea of a five-year suspended sentence and R150 000 fine.
They also alleged that he improperly obtained five firearm licences for sporting purposes, despite his convictions.
