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26 June 2009
PRESS RELEASE
The SA Hunters and Game Conservation Association (SAHGCA) is glad to report that on
26th June 2009 the Northern Gauteng Division of the High Court granted an interim
interdict against the Minister of Safety and Security confirming that firearm licenses which
were issued in terms of the “Old” Firearms Act (1969) will be deemed to remain valid until
the main application has been finalised.
The interim interdict was granted pending the outcome of the main application, which will
determine the constitutionality of the transitional provisions contained in the Firearms
Control Act (Act 60 of 2000). The Court will have to decide whether the constitutional
principles in respect of the protection of private property, the principle against criminal
prosecution as well as fair administrative procedures had been complied with.
SAHGCA made a valuable contribution to ensure that thousands of South African firearm
owners will not be criminally prosecuted for the illegal posession of firearms after 30 June
2009.
The judgement is a victory for law abiding firearm owners. During the Court application
insufficient proof was given that legitimate firearms (and in particular hunting firearms)
are being used during the commissioning of crimes and that the possession of such
firearms should be restricted.
SAHGCA and the SAPS are founder members of the Hunters Forum and will continue to
work with the SAPS and the other accredited hunting associations in a constructive
manner to implement the provisions of the Firearms Control Act. SAHGCA will, on behalf
of legal firearm owners continue to insist on effective and fair administrative procedures.
SAHGCA thanks its attorney, Mr George Nell as well as Advocate George Diamond and
Advocate Bertus Bergenthuyn (SC), the management of SAHGCA and every member
who made this positive judgement possible.
The joining in the application of the Professional Hunters (PHASA) as well as the SA
Firearms and Collectors Association also strengthened the case. The collaboration with
other accredited hunting associations and the SAPS on the Hunters Forum enabled
SAHGCA to assist in the protection of the hunting industries’ interests.
SA Jagters en Wildbewaringsvereniging
SA Hunters and Game Conservation Association
Bewaring deur Volhoubare Benutting / Conservation through Sustainable Utilisation
Plot 3, Mountain Drive 7 / Plot 3, 7 Mountain Drive, Derdepoort Tel: (012) 808-9300
Posbus / PO Box 1952, Montana Park, 0159 Faks / Fax : (012) 808 9344
E-pos / Email: admin@sahunt.co.za Web: www.sahunt.co.za
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In short the judgment means that:
• Existing old “green licenses” (issued in terms of the Firearms Act of 1969) will
remain valid until finalisation of the main application, and cannot be criminally
charged for the illegal possession of such a firearm;
• It is no longer necessary to apply for Section 21 – temporary authorisations;
• Storage permits which are valid until after 30 June 2009, will remain valid until its
expiry date;
• There is no reason to hand firearms in at the SAPS for safekeeping or destruction
before or on 30 June 2009;
• If a firearm owner has not applied for the re-licensing of his firearm such
application must be done not later than 30 June 2009. Such applications can only
be made if the applicant was ill, or outside the country or was not submitted due to
circumstances beyond his control.
Consequently legal firearm owners may posess and use their firearms until the main
application has been decided and the “old green licence” will be sufficient proof of the
legal possession of firearms.
SAHGCA thanks all its members, outside institutions and individuals who have made
substantial contributions to the Associations’ Legal Aid Fund.
Contact:
George Nell (082 772 9290)
Dr Herman Els (083 294 7503)
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