GOSA wins their case!!!!

**Paul** · 31-08-2009, 10:52

Gun Owners of South Africa Press Release: 2009-08-31

The Justice Alliance of South Africa (JASA) is seeking compensation for Gun Owners against the Minister of Police and Registrar of Firearms.

Deputy Judge President Traverso will be hearing this case in courtroom 5, at 10:00am today in the Western Cape High Court, Cape Town.

Peter Hodes SC and Anton Katz represent JASA and the False Bay Gun Club.

The State is represented by Kosie Olivier, SC.

JASA alleges: "This is a flagrant case of the State failing to comply with its Constitutional obligations relating to the basic values and principles governing public administration and rights as set out in section 195 (1) of the Constitution."

JASA is demanding as a first step a MANDAMUS that the Minister must establish guidelines for compensation as required by S.137 within 60 days and that the Minister must report back by way of affidavit to the Court within 75 days. JASA is asking for a punitive costs order.

Further, JASA has filed papers in the Cape High Court seeking declarations that the refusal to pay compensation to persons who surrender firearms as required by the Firearms Control Act, 2000 offends against the Constitution.

Gun Owners of South Africa spokesperson Brett Nortje, says, "It is an indictment on a government when its law abiding citizens have to resort to court action to get its civil servants to obey their own laws.

"We wish JASA and the False Bay Gun Club the best as they seek compensation for firearms surrendered by law abiding citizens. It is unethical for governments to pass laws that cause businesses to go bankrupt and workers to lose their jobs, like the employees of over 700 firearms dealers who were forced to close their doors because of this draconian legislation."

One dealer suffered a loss of over R2 million as a result of the refusal by civil servants to assist her after she had surrendered her stock of firearms. A lady of over 70 years of age tells of how she was treated with disdain and discourtesy, and repeatedly told she was not entitled to compensation, when she surrendered one firearm at her local police station.

**gizmo16** · 31-08-2009, 12:23

Government seems completely ignorant of the fact that they are put in place to serve us, the people, and not themselves.

**Paul** · 31-08-2009, 12:31

Hi All

Just got news from Charl. The case was a landslide victory. We massacred them. We did it! Will have more detail later. Let everybody know that you can think of.

**shooter** · 31-08-2009, 12:35

Originally Posted by paulatadventures

Hi All

Just got news from Charl. The case was a landslide victory. We massacred them. We did it! Will have more detail later. Let everybody know that you can think of.

:D :D

Details!

**Craig** · 31-08-2009, 12:56

Originally Posted by paulatadventures

Hi All

Just got news from Charl. The case was a landslide victory. We massacred them. We did it! Will have more detail later. Let everybody know that you can think of.

Well done Guys!
hpy180

**Paul** · 31-08-2009, 12:56

Apparently the government was forced to concede, in chambers, before the case commenced, that they had no defence at all.

The parties went into court to discuss the awarding of costs and JP Traverso told the government she wasn't interested in their story as they had already conceded that they had no defence. Case closed.

The Minister now has to come up with a plan for how he proposes to determine compensation for all who have surrendered their firearms over the years, and how he proposes to arrive at just compensation for these.

Now for Phase 2: running up the butchers bill! happy0065

**deonh** · 31-08-2009, 12:59

One more nail...

"So tonight I'm gonna party like it's 1999!" fighting0035

**deonh** · 31-08-2009, 13:03

http://news.iafrica.com/sa/1895540.htm

"Cops to cough up millions?

Mon, 31 Aug 2009 12:49

The Cape High Court has given Police Minister Nathi Mthethwa 90 days to draw up guidelines for compensation for guns surrendered in terms of firearm control legislation.

The order was handed down by Acting Judge President Jeanette Traverso on Monday.

It followed an application by the Justice Alliance of SA and the False Bay Gun Club.

Alliance spokesperson John Smythe said the ruling could lead to the payout of millions of rands."

**camouflage762** · 31-08-2009, 13:05

Well done to all involved! happy0065

Saddest thing about this is that
1. Could've been avoided
2. Our tax money has to be used to settle costs.

Well done guys! lv29