Dave Sheer to lose dealer's license

**Maroelas** · 06-11-2013, 09:49

http://www.news24.com/SouthAfrica/News/Joburg-gun-shop-might-lose-licence-20131106

Johannesburg - A letter has been sent to Dave Sheer Guns in Johannesburg advising it of the police's intention to cancel the company's dealer's licence, national police commissioner Riah Phiyega's office said on Wednesday.

"We sent them [Dave Sheer Guns] correspondence to that effect," Lieutenant General Solomon Makgale said.

"We gave them 30 days in which to respond."

The letter was sent on 16 October.

Makgale said that the reasons for wanting to cancel the dealer's licence included Dave Sheer' director Gareth de Nysschen's failure to adhere to the provisions of the licence or the Firearms Control Act.

De Nysschen is one of five people embroiled in a court case involving ammunition allegedly stolen from a Lenasia army base.

Phiyega could face court action

The Star reported on Wednesday that the company's attorney Martin Hood reportedly sent a letter of reply, saying that no trial date had been set for De Nysschen's case and that the defence had not seen the charge sheet.

For these reasons, Hood could not "meaningfully respond to the vague and unsubstantiated allegations" in Phiyega's letter, which he described as "premature or, more sinisterly, an attempt to pre-empt or even undermine the criminal process".

"Should you proceed in the absence of a proper answer to these allegations and before the finalisation of the criminal case, we have instructions to interdict the national commissioner in her personal capacity and in her representative capacity..." Hood's letter to Phiyega read.

He also threatened to request that Phiyega be ordered to pay the costs of possible high court action.

Hood also said that the company could pursue damages claims of over R1m against the State for refusing to issue permits, as well as a claim for lost profits after De Nysschen's arrest.

De Nysschen, and Dave Sheer Guns general manager Efthimios Demis Karamitsos, as well as soldier Diphang Motloung, his son Thabang and another soldier Teboho Motaung face charges in the Lenasia Magistrate's Court.

The case involves 200 000 rounds of ammunition allegedly stolen from a Lenasia army base. According to a State witness's statement the ammunition was sold to Dave Sheer gun shop.

- SAPA

*Good luck guys, we are rooting for you!

**Springer** · 06-11-2013, 09:54

advising it of the police's intention to cancel the company's dealer's licence

Hmm. Hardly set in stone. Sensationalist headline.

**Maroelas** · 06-11-2013, 09:59

Considering they now have to respond in 30 days as to why their license should not be cancelled, I think SAPS have decided on what dourse of action they are going to follow.

**Lian** · 06-11-2013, 10:02

holy shit

Originally Posted by rboshoff

I think SAPS have decided on what dourse of action they are going to follow.

+1
:(

**mic** · 06-11-2013, 10:04

I personally would not count on them losing their license. They have NOT been found guilty of anything yet.

**curious george** · 06-11-2013, 10:09

Originally Posted by mic

I personally would not count on them losing their license. They have NOT been found guilty of anything yet.

+1

"Guilty by allegation" isnt law yet...

**johanctz9** · 06-11-2013, 10:17

Yup, SAPS have already decided

**Andrew Leigh** · 06-11-2013, 10:19

Eish

Is a trading license in perpituity? If not, could SAPS simply choose not to renew, then it will drag through appeal after appeal. Could they not make it very tiresome and difficult?

Has DSG actually dismissed said employees for misconduct, or are they supporting them?

Still a long way to go on this matter, hope it works out in the best interests of the gun fraternity.

**Prodigal** · 06-11-2013, 10:21

Originally Posted by curious george

+1

"Guilty by allegation" isnt law yet...

Many people are "suspended without pay" in the private and government sectors while investigations are under way and no one has been found guilty yet. Does this kind of action amount to the similar kind of "suspension"?

Sent from my GT-I9300 using Tapatalk

**Maroelas** · 06-11-2013, 10:22

I agree they haven't been proven guilty as yet and I hope they take SAPS to the cleaners if they try to revoke their license without being found guilty.

What about section 102 hearings? We know individuals have been called in even though they weren't found guilty of anything. Does sec 102 apply to dealers?