ADVERTISEMENT:

 

 
 

SA Hunters dissapointed with Concourt ruling

Date: 14 June 2018 By: Andries van Zyl

The SA Hunters and Game Conservation Association (SA Hunters) have expressed their dissapointment in the Constitutional Court Judgement of 7 June when the court overturned the North Gauteng High Court's judgment in 2017 that Sections 24 and 28 of the Firearms Control Act were unconstitutional.

“The ruling means that all firearms of which the licences had expired and for which renewal applications have not been submitted in time, are deemed to be in illegal possession. Therefore, the owner of such a firearm could be criminally prosecuted for illegal possession of a firearm,” said the SA Hunters in a press release on June 8.

According to the SA Hunters, the Concourt ruling brings no relief for the estimated 300 000 firearm owners that merely forgot to renew their firearm licences in time. It forces these owners to hand in their firearms at their police stations to be destroyed. The current law makes no provision for these people to renew their firearm licences.

SA Hunters CEO Fred Camphor said the Constitutional Court focussed on the constitutionality of Sections 24 and 28 of the Act, while it did not seem to consider the other limitations and difficulties associated with the act. “Although the court acknowledged the chaotic administration and management of the Act, no remedy was offered to address any of the problems that firearm owners experience,” said Camphor.

Although gun owners who hand in their firearms may apply for compensation, Camphor said that compensation may not be necessarily be granted as the Registrar may decide whether compensation is payable. “The only possible alternative for this dilemma is if a firearm licence amnesty is implemented. Earlier this year, the SAPS indicated that it wished to declare an amnesty period from 1 June to 30 November 2018. As far as we know, the SAPS did not submit its application for the approval of an amnesty to Parliament in time,” said Camphor.

Should an amnesty be announced, said Camphor, the law would make provision that illegally owned firearms (including those for which the licences had expired) must be handed in at the SAPS. In such cases, a firearm owner will not be prosecuted for illegal possession of a firearm. The SAPS will also do ballistic tests on the firearm to check if it had been used in criminal activities. If a firearm can indeed be linked to a crime, the owner can be prosecuted for the crime, but not for illegal possession of a firearm. Lastly, the amnesty will also allow the owner to apply for a new licence for the firearm handed in during the amnesty period if the applicant complies with all the requirements. The SAPS can issue a new licence and the applicant can collect his/her firearm from the police station. 

“Without an amnesty, firearm owners whose licences had expired, can be prosecuted for illegal possession of a firearm. Although the judge expressed his opinion in the judgement that he doubted if the SAPS would prosecute an individual who hands in his or her firearm, the Court did not place any restriction on the police or order them not to prosecute in this instance,” said Camphor. 

Regarding compensation, Section 137 of the Act makes provision for compensation to be paid to a person who was compelled to hand in a firearm. Regulation 92 determines the nature of the compensation. It is important to note that the Registrar has the authority to decide if compensation should be paid out. “Compensation in this instance amounts to a maximum of R500 for a handgun and a maximum of R1000 for a rifle, which is far below the real value of these firearms,” said Camphor.

“SA Hunters is still considering the full impact of the judgement and other options to resolve the matter. The highest court in the country has spoken. We will probably engage with the Minister and the authorities to discuss a pragmatic approach and to resolve the ongoing problems going forward,” said Camphor.

 
 
 

Viewed: 673

 

 
 

Andries van Zyl

Andries joined the Zoutpansberger and Limpopo Mirror in April 1993 as a darkroom assistant. Within a couple of months he moved over to the production side of the newspaper and eventually doubled as a reporter. In 1995 he left the newspaper group and travelled overseas for a couple of months. In 1996, Andries rejoined the Zoutpansberger as a reporter. In August 2002, he was appointed as News Editor of the Zoutpansberger, a position he holds until today.

 
 

More photos... 

ADVERTISEMENT

 
 

ADVERTISEMENT:

 
 

ADVERTISEMENT