VOL. 14 (23) - 26-07-2018
NATIONAL COMMISSIONER CONFIRMS ALL GREEN LICENCES ARE VALID AND LEGAL
1. Below is a copy of an undated Directive, which the National Commissioner of Police sent to Provincial Commissioners in respect of the implementation of the Constitutional Court’s judgment of 7 June 2018 in the SA Hunters’ case re renewal of firearm licences.
2. The attached document is part of the National Commissioner’s Affidavit filed in response to the urgent application filed by GOSA against the Minister of Police and the National Commissioner. This urgent application will be heard in the North Gauteng High Court on Friday 27 July 2018.
3. On page 16, paragraph 60, of the National Commissioner’s affidavit, he mentions that he sent the undated Directive, of which a copy can be downloaded at the end of this Newsletter, to Provincial Commissioners “…on or about 14 June 2018…”. (that is why we refer to the Directive as being dated 14-06-2018).
4. In paragraph 60.2 of his affidavit, the National Commissioner clearly states that “…”green licences” remain valid until that challenge is disposed of...” (meaning until the main court case has been heard, or the order of Judge Prinsloo of 29 June 2009 has been rescinded by the High Court.).
5. Emphasis must be placed on the contents of paragraphs 5 & 7 of the Directive. In those paragraphs the National Commissioner confirms the NHSA position based on Judge Prinsloo’s judgment of 29 June 2009 and on the position of Adv Herman van Eeden (SC), namely that all green licences are valid, and that one remains lawfully in possession of a firearm for which there is a green licence, irrespective of whether there was a white licence issued for the same firearm or not (download Judge Prinsloo's interim court order and Adv van Eeden's exposition on the validity of all green licences at the end of this Newsletter).
6. One does thus not have to hand in one’s firearm for destruction because one’s white licence has expired, while one still has a green licence for that firearm, or had a green licence for that firearm. If one’s green licence has been lost or stolen, SAPS must have on record the detail of that firearm, and especially in instances where one had applied for a white licence for that firearm.
7. Any police official who insists you hand in a firearm of which the white licence has expired but for which you still have the green licence (or had a green licence which is lost or stolen) or who continues to confiscate such firearm from you, is acting in an illegal manner. Explicitly against the High Court ruling of 29 June 2009 and also against direct instructions of the National Commissioner of Police issued to all Provincial Commissioners on 14 June 2018 (Provincial Commissioners should have by now forwarded the contents of that Directive to all police stations under their command).
8. If you find yourself in a situation where you are treated in the manner described in 7 above, we advise that you hand the attached explaining document to the police officials. Do not resist, but be firm in your posistion, and make sure they read the content of the document while they are with you. If they then still take the firearm from you, please immediately inform our offices by phone (087-945-3355 option 4) as well as per email to [email protected] (give full factual detail of the incident please).
9. As mentioned in paragraph 4.5 of our Newsletter Vol. 14(20), we reitterate that the practical problem regarding the legality of green licences for which there were issued white licences which have now expired, is that the police’s computer system is still set up in such a manner that it does not allow a firearm owner, who has so-called “migrated” to the white licence system (have renewed his licences under the 2000 Act), to sell such firearm or hand it in to a dealer using the green licence. Members of the police are still using Genl. Pahlane’s 2016 directive due to their electronic database being set-up in this manner.
10. We shall continue to engage with SAPS higher echelon and the CFR to convince them to withdraw the Directive of the National Commissioner dated 3 February 2016, in which he gave the order that so-called "green licences" were no longer valid once a person had "migrated" to the 2000 Firearms Control Act (Act 60 of 2000) and had received a white licence for a firearm.
Please take care !
Dr Herman Els
Download the 03-02-2016 Directive of the National Commissioner of Police HERE
Download the 14-06-2018 Directive of the National Commissioner of Police HERE
Download the 29-06-2009 interim order of Judge Prinsloo HERE
Download the legal opinion of Adv H van Eeden SC on the continued validity of green licences HERE
NHSA Newsletter Vol. 14(20) dated 24-06-2018 - read HERE
This Newsletter was per Email, sent to all members on 26 July 2018