Results 11 to 20 of 194
-
15-01-2018, 10:57 #11
Re: The ConCourt battle on 8 February. Important!!!
I seem to recall confiscation without compensation being mentioned in previous discussions.
How will this case impact the concept of property ownership in South Africa as a whole? Is there a risk that this can set a precedent for larger issues?
-
15-01-2018, 11:07 #12
- Join Date
- Sep 2011
- Location
- Strand
- Age
- 38
- Posts
- 10,408
-
15-01-2018, 12:40 #13
-
15-01-2018, 12:54 #14
- Join Date
- Dec 2015
- Location
- Centurion
- Age
- 49
- Posts
- 1,964
-
15-01-2018, 14:15 #15
- Join Date
- May 2011
- Posts
- 1,591
Re: The ConCourt battle on 8 February. Important!!!
Paul, as I understand it, only Hunters is really a respondent currently, maybe Fidelity and Dealers Association being the other 2 that were told to put their cases behind the Hunters bid? Or was that only for the last round?
GOSA coming into it as a supporter of Dealers Association last time?
How has this now changed? I assume for GOSA to be part of it themselves, they will need to apply and be granted status? Which would be a good thing. Just would like a bit more detail on the parties currently involved and the plan if we bring in more.
-
15-01-2018, 14:30 #16
- Join Date
- Nov 2014
- Posts
- 832
Re: The ConCourt battle on 8 February. Important!!!
Hi Guys.
Don't forget that the ANC has now made it 'policy' for land appropriation without compensation.
It's all a part of 'the thin edge of the wedge'.
Watch this space and the GOSA Facebook pages as 'the horror' (apologies to Joseph Conrad) unfolds .
Regards.
Keith.
-
15-01-2018, 15:36 #17
- Join Date
- May 2014
- Posts
- 2,076
Re: The ConCourt battle on 8 February. Important!!!
-
15-01-2018, 16:36 #18
- Join Date
- May 2014
- Posts
- 2,076
Re: The ConCourt battle on 8 February. Important!!!
-
15-01-2018, 21:46 #19
- Join Date
- Jan 2014
- Location
- Edenvale
- Age
- 54
- Posts
- 843
Re: The ConCourt battle on 8 February. Important!!!
Hi guys. I have just read SAPS’ heads of argument.
Unfortunately in my opinion their arguments are very difficult to counter. In my view the Concourt will only address the very narrow issues before it ie. the constitutionality of the relevant sections and not the issues concerning CFR inefficiencies and whether the licencing philosophy of the FCA is correct or not as GOSA is trying to argue on the coat-tails of the SA Hunters case.
I think GOSA may have chosen the wrong case to push that agenda. I doubt the Concourt will entertain what GOSA wants to argue.
GOSA’s agenda of rewriting the FCA to allow for licencing the individual and not the firearm is indeed laudable but is a fight for Parliament and not the Concourt. The courts do not make policy decisions. They merely interpret existing legislation and pronounce on its constitutionality. Only Parliament writes legislation.
This case is also not about pro gun v anti gun. The Concourt will not deal with such issues.
It can also not be argued that the sections in the FCA are unconstitutional because of CFR maladministration. Indeed SAPS concede they have poor administration but it is irrelevant regarding how the FCA must be interpreted.
So, in conclusion, I don’t believe the Concourt will entertain GOSA’s arguments (unless GOSA has cogent arguments on the constitutionality of the relevant sections) and will not entertain the other issues since they are irrelevant.
Ultimately, I think SAPS will win the appeal.
I hope I’m wrong.....
-
15-01-2018, 22:41 #20
- Join Date
- Sep 2011
- Location
- Strand
- Age
- 38
- Posts
- 10,408
Bookmarks