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Dear Member,

We would like to draw our Port Elizabeth (and surrounds), members’ attention to the following extracted comments from Mr. Martin Hood in a general post regarding the Karen Webb saga in Port Elizabeth, as the issue is relevant to all firearm owners all over the country.

Mr Hood writes: “We are all aware of the criminal activities of Karen Webb in PE who issued multiple false training certificates and that many competency certificates may have been improperly issued based on her fraudulent certificates. It follows in my view that many such competency certificates may not be valid. However, we live in a democracy where fair and procedural administrative justice has been enshrined in our Constitution and has been given expression through PAJA.”

Mr. Hood points out that: “Warrant officer JJ Botha is the investigating officer in the Webb matter and has decided that he is going to confiscate all firearms belonging to any person that did competency training with Webbs Arms during a certain time period.”

Mr. Hood is of the opinion that this is wrong and lists the following reasons why:

1.⁠ ⁠“section 22 of the Criminal Procedure act only allows seizure if you consent, without a warrant [YOU DO NOT CONSENT] or if the investigating officer reasonably believes a warrant would be issued if applied for but the delay in doing so would defeat the purpose of the warrant, which generally means the evidence would disappear.

This investigation has been a long investigation, so there is no urgency in obtaining evidence [and there is lots against Webb already] but more importantly the FCA requires that a license holder keep possession and control over a firearm and it is a criminal offence not to do so.  In simple terms  if saps get a warrant they should find your firearms in your possession . However, in my view there is no need for a warrant or seizure of any firearm.”

2.⁠ ⁠“the FCA contains a very specific provision in  section 28, that provides fair administrative process for the cancellation of a license. If a competency certificate or license has been improperly issued then this section must be ordinarily used to cancel the license because it provides a license holder with the opportunity to explain their conduct. Thereafter the firearm or firearms must be disposed of.

WO Botha is circumventing and abusing his powers by ignoring this provision, and is effectively presuming certain categories of person guilty without any due process. By confiscating firearms he is infringing on property rights and creating potentially huge problems for innocent persons who will now have to disclose in any firearm application that they have had a firearm confiscated by saps irrespective if they were charged with a criminal offence. I cannot accept that he needs all of this firearms as evidence in the commission of an offence , because they are not the object used to commit any offence.”

Please ask WO Botha to get a search and seizure warrant for any firearms before handing your firearm(s) over to him”

Stay Safe

Natshoot Office