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COURT JUDGEMENT : GOSA CASE

30-Jul-2018

1. Directing that the SAPS as represented herein by the 1st and 2nd Respondents be prohibited from implementing any plans of action or from accepting any firearms for which the license expired at its police stations or at any other place, for the sole reason that the license for the firearm expired, and that the SAPS be prohibited from demanding that such firearms be handed over to it for the sole reason that the license for such a firearm has expired, and that this order will operate as an interim interdict, pending the further determination of this application, as prayed for in paragraphs 2 to 10 infra;

2. That this matter then be postponed to the opposed motion roll for further determination in the normal course of the roll, alternatively with such set time limits as this Honourable Court may deem reasonable upon hearing the parties or as agreed to between the parties, for the further determination of the following relief, as prayed for by the Applicant:

3 that by order of Court the periods as referred to in sections 27 and / or 24(1) and 24(4) of the Firearms Control Act, Act 60 of 2000, will be extended, in order for people that hold expired licenses to apply for the renewal thereof.

a. further alternatively

4 The First Respondent shall withdraw the circular issued by Acting National Commissioner Phahlane on 3 February 2016.

5 The First Respondent shall issue a directive that the information technology system of the Central Firearms Register be restored to a position that it is able to accept applications for renewal of licenses which are late because they are lodged inside the 90 days period envisaged in section 24(1) of the Firearms Control Act 60 of 2000.

6 The First Respondent shall issue a directive that the information technology system of the Central Firearms Register be restored to a position that it is able to accept applications for renewal of licenses which have expired because the period of their validity contemplated in section 27 of the Firearms Control Act 60 of 2000 has expired.

7 Any applications for renewal contemplated in paragraphs (b) and (c) above shall still be subject to the requirement of “good cause” as contemplated in section 28(6) of the Firearms Control Act 60 of 2000.

8 Any applicant who has lodged an application for renewal and who has prima facie provided good cause in the relevant space provided on SAPS Form 518(a), shall be deemed to be in lawful possession of the firearm until his application has been decided.

9 Further and / or alternative relief;

10 Costs, inclusive the cost of two counsel where so employed are reserved for determination in the main application.

Kind regards

Magda 

Magda Naude

Secretary

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