The South African Hunters’ and Game Conservation Association has welcomed an interim court interdict, saying it would temporarily stop more than a million South African gun owners from becoming criminals at the stroke of midnight on June 30.
Judge Bill Prinsloo on Friday granted an urgent order in the high court in Pretoria that all firearm licences granted under the 1969 Arms and Ammunition Act shall be deemed to be lawful and valid, pending the outcome of an application to declare portions of the new Firearms Control Act unconstitutional.
The new Act came into operation in 2004, but was in terms of Schedule 1 of the Act phased in over a five-year period, ending on June 30.
The Act forces licensed gun owners to reapply for their licences, including applying for competency certificates, failing which they must dispose of their firearms, or could have it forfeited to the state.
The Act also criminalises gun owners who have not applied for the renewal of their licences.
They face criminal prosecution and can be sentenced to a year imprisonment for not applying and a further maximum of 15 years for the unlawful possession of a firearm.
The association’s lawyer, George Nell, described the judgment as ”excellent”.
He said it was of national importance, not only for the hunters’ association, but for all private gun owners.
”I think the South African Police Service and the authorities should have a look at the judgment and maybe take out the positive points to carry out the message to the public more positively, and to get their own house in order where necessary,” he said.
Nell said their main application will probably only be heard in about six to eight months and would, if they were successful, have to be confirmed by the Constitutional Court.
National police spokesperson Director Phuti Setati said the judgment could not stop the introduction of the new Act, which will continue.
”Everything carries on, but because there’s another application pending, all licences granted under the old Act remain valid. Everything is put on hold now until the main application is dealt with,” he said.
Setati said the SAPS respected the judgment and ”would act accordingly”.
”We will study the judgment and will make sure that it is properly communicated internally and externally.”
Prinsloo found that the association established a strong prima facie case in respect of the main application, in which they contended that the new Act unjustifiably limited the right of licensed gun owners to own firearms and not to be prosecuted for the possession of firearms they had legally acquired.
The association contended that the new Act arbitrarily deprived owners of their firearms and was not rational, as there was no proof whatsoever that legal gun ownership had contributed to the proliferation of illegal firearms in South Africa.
Prinsloo said it had also made out a strong case that the SAPS completely lacked the capacity to deal with the overwhelming logistical demands flowing from the implementation of the new Act.
Licensed gun owners were never notified in writing and thousands still did not understand the implications of the new Act.
Only half of the more than 700 000 applications for competency certificates have been dealt with over the past five years and it was a ”foregone conclusion” that the registrar would not be able to deal with the more than 700 000 applications still pending over the next five years.
Prinsloo said the matter was clearly urgent and of national importance, as the deadline was around the corner.
He said the applicants had been in constant contact with the police for the past nine years.
Some of their important representations went unanswered and they had certainly not been dragging their heels.
”The constitutional rights of hundreds of thousands of valid licence holders are at stake,” the judge said.
”… The court has the jurisdiction to grant interim relief to avoid injustice and hardship.” — Sapa