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29-04-2010, 13:01 #1
- Join Date
- Apr 2009
- Location
- Slummies, Eastern Cape
- Age
- 48
- Posts
- 115
Appeals time limit elapsed - am I doing this right?
Folks, I need some advice on how to handle this issue:
My .303 new license application was refused with a fairly standard refusal letter (first firearms license for an occasional hunter). I prepared an appeal myself and submitted it within the 90 day period. The appeal was lodged as "pending" on the 19 January. The status has not changed since. I have phoned the direct line for the appeals board (0123536188), and cannot get anything else out of them.
I had a look at the regulations pertaining to appeals and discovered the time limits stipulated within the appeals process (which have all been missed).
I'm thinking of sending them an email and/or letter around this - I'd like some perspectives around whether you think I'm approaching this the right way, and whether missed deadlines strengthens the case for a successful appeal.
This is what I've put together:
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Good day,
I am trying to ascertain the status of an appeal against a license refusal that was recorded as lodged on 19 January, I have been calling regularly, and the status of the appeal has not changed since the date of lodging.
I reviewed the regulations pertaining to the appeals process, and discovered that upon acknowledging receipt of an appeal, the appeal board must give the official who made the decision to refuse the license 21 days to respond in writing to give reasons why the appeal should not be upheld.
I also discovered that following the expiration of this 21 day period, the appeal board must finalise an appeal within 45 days, and further notify the appelant of the decision within 14 days of the Appeal Board's decision.
Since the 19th of January (the day my appeal was lodged) 100 days have now elapsed, and the appeal is still reflected as "pending".
In a telephonic conversation with your call center today I was informed by an official that a status of "pending" means that the appeal board has yet to receive feedback from the relevant official as to why the appeal should not be upheld.
I would like to formally request that you urgently finalise a decision on my appeal. I also respectfully argue that since the official who made the decision to refuse my application has not after 100 days provided reasons as to why the appeal should not be upheld, that sufficient grounds exist to uphold my appeal.
Your Sincerely,
...
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29-04-2010, 13:26 #2
- Join Date
- Jun 2009
- Posts
- 1,633
All good
But who are you going to send this letter to ? Just sedning it to any of their fax number or EMail addesses wont help as its going to be used to wrap the KFC in for after lunch.
I would suggest get hold of the person who is dealing with your apeal and confirm he has received this letter , keep your record of it as well IE fax report Etc
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29-04-2010, 13:46 #3
- Join Date
- Jul 2009
- Posts
- 1,256
Sorry mate. As well crafted as your letter is, nobody is ever going to read it. Welcome to Africa.
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29-04-2010, 13:58 #4
- Join Date
- Apr 2009
- Posts
- 3,502
Call around and find the right person to speak to. Then get thier fax number, send it , then immediately call them. Ask do you have it? Ask them to read the first line to you. Be polite but firm. This worked for me.
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29-04-2010, 14:22 #5
- Join Date
- Jul 2008
- Location
- Cape Town
- Posts
- 4,141
That's what I did with my Glock appeal after:
1. Having it hand delivered to the board > missing!
2. Faxing it once > gone!
3. Faxing it again > "Read me the first line!"
I phoned so many times I had those numbers memorised.
I've got a renewals appeal that I can't even remember the year I sent it in. They are waiting for "papers from province". So I call province "papers are in Pretoria". I've decided that they can process the appeal in 50 years as long as the licence remains valid and I have the gun. What a joke.
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29-04-2010, 14:54 #6
- Join Date
- Apr 2009
- Location
- Slummies, Eastern Cape
- Age
- 48
- Posts
- 115
I though to send also send this as a registered letter to the appeals board.
Would I be wasting my time doing this - obviously will do as you guys suggest and try and track down the person dealing with my application...
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29-04-2010, 15:06 #7
- Join Date
- Jul 2009
- Posts
- 1,256
Good luck man. Keep us posted. If only these guys could just do the work they are paid for...
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29-04-2010, 15:52 #8
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29-04-2010, 15:56 #9
- Join Date
- Jul 2009
- Posts
- 1,256
Exactly who would you send it to Paul, the appeals board?
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29-04-2010, 16:13 #10
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