VOL. 14 (19a) - 21-06-2018
SA DEALERS FILE COURT CASE: SAPS(CFR) HAVE AFTER 14 YEARS NOT YET ESTABLISHED ELECTRONIC CONNECTIVITY
The South African Arms and Ammunition Dealer's Association (SAAADA) (SA Dealers for short) have on 15 June 2018 filed a case in the Gauteng Division of the High Court, against the Minister and National Commissioner of Police, and other Respondents.
The court case has its founding in the fact that after 14 years of the Firearms Control Act, 2000 (Act 60 of 2000) (FCA) having been in implementation (1 July 2004), SAPS (CFR) has not yet established an electronic connectivity between itself and the dealers through the country, as is stipulated in Section 39(6) of the FCA, and in Regulations 38, 39 and 40 of the FCA.
In addition, the SA Dealers ask legal relief to force CFR to process SAP350 (Dealer Stock Returns) within 7 days of submission of such returns by dealers, as is stipulated in Section 39 of the FCA.
The dealers also ask the courts to order SAPS and CFR to disclose their licencing policies, and criteria considered when evaluating licence applications, and all other kinds of applications they have to evaluate and approve or refuse.
The dealers also ask for an interdict restraining CFR from giving bad reasons for refusal of licence applications and to order CFR to consider each application on its own merit and to provide reasons that comply with the Promotion of Administrative Justice Act, linked to the actual application for a firearm licence.
The case filed by the Dealers on 15-06-2018 can be read HERE (its a big file)
Members can also read the SAPS answering affidavit in this matter HERE
We would like to congratulate the SA Dealers for taking this stance, and for their effort to bring order in an otherwise not so well functioning administrative whirlpool.
We presume the dealers will use our contribution to their previous court case, which did not come to fruition, in this instance.
This Newsletter sent to all members via Email on 21-06-2018