VOL. 14 (14) - 24-05-2018
VALIDITY OF GREEN LICENCES: JUDGEMENT IN 2009 SAHGCA COURT CASE
It has become clear that SAPS regard the validity of green licences issued under the 1969 Act has having no legal weight, once one has applied for a particular firearm for a white licence. The term they use is that you have "migrated" to the 2000 Act.
In our opinion, and based on the opinion of Senior Advocate van Eeden, this way of interpreting the validity of green licences is against the law.
In his verdict in the 2009 urgent High Court application between SA Hunters and SAPS in matters pertaining to the transition period from the 1969 to the 2000 Act, Judge Prinsloo clearly stated that all green licences will remain valid until the main case had been heard. That case was never heard, which makes green licences valid till this day, and in future, until some countering judgement from a higher court is made on this issue (i.e. by the Constitutional Court).
In his legal opinion on the validity of green licences, SC Van Eeden (Newsletter Vol. 12(26)) in 2016, indicated that because of the 2009 judgement of Judge Prinsloo, which has not been rescinded because the main court case has never been heard, one can in effect have two licences for the same firearm - one a green licence and one a white licence.
We post the verdict of Judge Prinsloo here for members to download if they should get into an argument with a SAPS official in this respect. Please note that the verdict is incorrectly indicated as having been made by Judge Poswa, and not Judge Prinsloo. That is an administrative oversight by the court administration. The judgement was delivered by Judge Prinsloo.
Download the 2009 judgment in the SA Hunters' court case HERE.