Rather Renew White Licences on Time

NHSA Newsletter

VOL. 13 (21) - 06-07-2017


 This Newsletter only has reference to white licences which still have to be renewed.

Procedures re the renewal of expired white licences must still be announced  - we shall keep you posted on this issue.

Dear member,

We are of opinion that it remains in your best interest to continue to renew your firearm licences on time.  Rather than not to renew them and wait for the new procedures which must be instituted with the amendment of sections 24 & 28 of the FCA, in accordance with Judge Tolmay’s Court Order of 4 July.

This, despite the fact that your white licences will all remain valid until the execution of Judge Tolmay’s Court Order of 4 July 2017 has been concluded by Parliament (and has been positively evaluated by the Constitutional Court – within 18 months).

Judge Tolmay's verdict clearly states that SA Hunters did not dispute the continuance of renewal of firearm licences.  The SA Hunters’ case was about the current wording of these two sections of the FCA, and which were found to be unconstitutional by Judge Tolmay.

The renewal of licences will thus continue in future, irrespective of how the wording of these two sections will be amended in accordance with the Court Order of Judge Tolmay.

The possibility also exists that the Minister of Police could Appeal the verdict, in which case the current wording of these two sections of the FCA will remain in place until all procedures in such an Appeal had been finalised.  This will mean that the procedures regarding renewals, which were in place before the 4 July verdict, will remain in place.  That is if the Court allows the Minister of Police to Appeal. 

These are, however, technical legal procedures, which will delay the execution of the Court Order of 4 July.  But it will not change the fact that your white licences will still have to be renewed (only the procedures and process will change by any amendment).

It, however, remains your prerogative to renew or not, as all your white licences will remain valid until execution of Judge Tolmay’s Court Order had been finalised, and new procedures instituted by the amendment of the two sections (in accordance with the Court Order).

We say again; Judge Tolmay’s Court Order did not stop the process of renewal of firearm licences. 

That is why we are of the opinion that you rather keep on renewing your licences as per the pre-4 July procedure.  Rather than having to in any case renew your licences in accordance with the to be declared new procedures, which will invariably have to be instituted with any amendments to sections 24 & 28, at a later stage (within 18 months).

You will thus only be delaying your own renewal process, which you will have to execute at a later stage in any case.

Please stay vigilant and safe !

Herman Els

This Newsletter Emailed to all members on 06-07-2017 @ 09:00