Firearm licenses issued in terms of the “old” Firearms Act (1969) will be deemed as valid, according to an interim interdict granted to the South African Hunters and Game Conservation Association (SAHGCA) against the Safety and Security minister, by the Northern Gauteng Division of the High Court.
This interim interdict will apply until SAHGCA’s main application has been finalised. This application will determine the constitutionality of the transitional provisions contained in the Firearms Control Act (Act 60 of 2000). Judgement will be passed later this year.
The court will have to decide whether the relevant constitutional principles had been complied with, in respect of the protection of private property, fair administrative procedures and the principle against criminal prosecution.
This provisional judgment has helped ensure that thousands of South African firearm owners won’t be criminally prosecuted for the illegal possession of firearms after 30 June 2009. It’s also seen as a victory for law-abiding firearm owners.
During the court application, insufficient proof was given that legitimate firearms, and in particular hunting firearms, were being used in crimes and that the possession of such firearms should be restricted.
The SAHGCA team comprised George Nell, advocate George Diamond and advocate Bertus Bergenthuyn (SC), supported by the management of SAHGCA and its members, many of whom contributed substantially to the associations’ legal aid fund along with outside institutions and individuals. The Professional Hunters Association of South Africa (Phasa) and the SA Firearms and Collectors Association joined the application. Their collaboration with the Hunters Forum and accredited hunting associations heps SAHGCA protect the hunting industries’ interests in negotiations with the SA Police Service (SAPS).
The judgment means that: Existing “old” green licenses issued under the Firearms Act of 1969 will remain valid until the main application has been finalised. Meanwhile, holders can’t be criminally charged for the illegal possession of such a firearm;
It’s no longer necessary to apply for Section 21 temporary authorisations;
Storage permits valid until after 30 June 2009 will remain valid until their expiry date;
There’s no reason to hand firearms in at the SAPS for safekeeping or destruction before or on 30 June 2009;
If a firearm owner hasn’t applied to re-license their firearm, such application must be done not later than 30 June 2009. Such applications can be made only if the applicant was ill or out of the country, or if the application wasn’t submitted due to circumstances beyond their control.
Legal firearm owners may possess and use their firearms until the main application has been decided. The old green license will be sufficient proof of legal possession. – Chris Nel
