VOL. 14 (27) - 11-08-2018
INTERIM COURT ORDER IN THE GOSA URGENT COURT APPLICATION
(issued in Northern Guateng High Court on 27 July 2018)
We have finally received the official Interim Order of Judge Prinsloo delivered on 27 July 2018 following the GOSA urgent court application, which was reported on in Newsletter Vol. 14(25) dated 1 August 2018. The official Interim Court Order can be downloaded at the bottom this Newsletter.
We can thus confirm that the Interim Order prohibits SAPS from “…implementing any plans of action or from accepting any firearms for which the licence expired…and from demanding that such firearms be handed over…”.
All further aspects for which relief was sought in the GOSA urgent application will be decided on in the “main case” to be heard at a later date (see paragraphs 3 to 9 in the attached Interim Court Order).
As result of the Interim Order issued on 27 July 2018, and in order to implement the content thereof, the National Commissioner of Police, on 30 July 2018, had issued a Directive to all Provincial Commissioners, which they were instructed to distribute to all SAPS stations under their command (see our Newsletter Vol. 14(25) - copy of directive can again be downloaded at the bottom of this Newsletter).
We repeat a summary of the orders of the National Commissioner to Provincial Commissioners, issued on 30 July 2018, below:
1. That SAPS in all Provinces may in regard to the handing in of firearms of which licences have expired, forthwith (thus from 30 July 2018), only act on directives issued by the National Commissioner's office;
2. The National Commissioner orders that police at all stations have been ordered to stop from accepting, collecting or demanding the handing over of firearms of which the licences have expired pending the outcome of the main court case to follow the GOSA urgent application (Provincial Commissioners are instructed to suspend all previously issued directives regarding the handing over of firearms of which the licences have expired);
3. The National Commisioner orders that persons who had handed in firearms with expired licences following the Constitutional Court's order of 7 June 2018, may “…demand…” that those firearms be handed back to them (police stations must thus hand such firearms back to the public on request), and;
4. The National Commissioner orders that people may still hand in firearms with SAPS if they would so wish, but with the clear understanding that they have to give a written acceptance that they hand in such a firearm for destruction.
NOTE 1: We do not yet know how SAPS will implement the order contained in paragraph 7 of the National Commissioner’s Directive of 30 July 2018 (paragraph 3 above – download Directive at bottom of this Newsletter).
NOTE 2: That only those firearms which were handed in as result of SAPS’ actions following the Concourt judgment of 7 June 2018, will be handed back to owners, and not those handed in before that date.
NOTE 3: If you wish your firearm(s), which you handed in with SAPS in terms of Note 2, to be returned to you, we advise that you should rather do this quicker than later at the police station where you had handed in such firearm(s).
NOTE 4: Members must be aware of the fact that your DFO might say that s/he cannot hand back the firearm as it has already been sent away to the Provincial “collection point” for such firearms, and that it is not at the station anymore.
NOTE 5: Until such time as SAPS had put an administrative procedure in place to return such firearms in accordance with the National Commissioner’s order, we advise that affected members at the very least, hand over a sworn statement to their DFO in which they indicate that they had asked that such firearm(s) be returned to them in accordance with the National Commissioner’s order. Keep a copy of the sworn statement for your own records.
NOTE 6: Such a sworn statement, to which a copy of the National Commissioner’s directive of 30 July 2018 must be attached, as well as a copy of the SAPS documentation which you received on the day you handed in the firearm(s) under contention, must be made at the charge office of the police station where you had handed in such a firearm, in order to be on record that you had asked the firearm back. Ask the police officer at the charge office to also write in the making of such a sworn statement into the register at the charge office. An example of such a sworn statement can be downloaded at the bottom of this Newsletter.
NOTE 7: Continue to, on a weekly basis, enquire from your DFO when the firearm(s) in contention, will be handed back to you.
We shall continue to inform members on any further developments surrounding the procedures relating to all firearm licensing issues.
Download Judge Prinsloo’s Interim Court Order of 27 July 2018 HERE
Download the 30 July 2018 Directive of the National Commissioner of Police HERE
Download example of sworn statement asking firearm to be handed back in terms of paragraph 7 of the National Commissioner’s order of 30 July 2018 HERE
The posting of this Newsletter communicated to all members on 11-08-2018 per Email