Appeals refusals database

**Zoo Keeper** · 03-04-2019, 15:42

MTTSS:

Class action...?

**MTTSS** · 03-04-2019, 15:56

Originally Posted by Zoo Keeper

MTTSS:

Class action...?

As discussed above, these individual cases (review applications to overturn the Appeals Board decisions) are complex enough as it is and rather technical as far as the law and the subject matter is concerned, then you add the facts and all the paperwork. In the last one it was about 500 pages for the one application, 4000 pages when all the copies for all the parties were made. You will have a hard time to take the judge through that as it is. Now imagine if you add other applicants to the same case number. Can't see any benefit in that. Can't see that you will even save on court time. It might even be classified as a case of long duration and be pushed out on the court roll even further then. My feeling is that it needs to be individual review applications and not combined review applications.

**Gbyleveldt** · 07-04-2019, 08:21

Over on Jaracal, there’s a thread of a lawyer that took saps to court over a refused appeal, and won. Not sure how legitimate the claim is, but there’s an excerpt of a court order ruling in favor of the applicant. Is this not somehow relevant to this thread, or does it not somehow set a president for future applications? Just curious.

https://www.jaracal.com/viewtopic.ph...=71023&start=0

**JhbBoy** · 07-04-2019, 08:38

Originally Posted by Gbyleveldt

Over on Jaracal, there’s a thread of a lawyer that took saps to court over a refused appeal, and won. Not sure how legitimate the claim is, but there’s an excerpt of a court order ruling in favor of the applicant. Is this not somehow relevant to this thread, or does it not somehow set a president for future applications? Just curious.

https://www.jaracal.com/viewtopic.ph...=71023&start=0

Morning, I'm unable to view or download that MAT3757 - Order received from Court - 05.04.2019 copy.pdf attachment - are you able to copy-and-paste its contents here? Would be appreciated.

**Luqi91** · 07-04-2019, 09:32

Anybody have an issue with appeals person at front desk refusing to accept documents?

**Gbyleveldt** · 07-04-2019, 09:39

I think this might work...

**Kevin Botha** · 07-04-2019, 11:40

This is a draft order, is it final?
It may have huge implications on all future section 16 applications.

Note item
4. It is declared that section 16 of the Firearms Control Act, Act 60 of 2000 makes no provision for any motivation to accompany an application.

**Gbyleveldt** · 07-04-2019, 12:20

I actually can’t comment on the legitimacy of this or what implications it may have. It was put up elsewhere a few days ago and figured it could be relevant to this thread. I guess I’m hoping for the guys at Gosa to comment and give us all a much clearer picture

**MTTSS** · 07-04-2019, 13:08

The copy of the order looks legitimate.One would have to get a copy of the written judgement if such a written judgment was handed down, or get the judgment typed if a written judgment was not handed down.

The thread on Jaracal mentions that this was an attorney who did the case for a family member. I suspect he charged him no fees and will wait to get some of the fees back from the State - this can take (a long) time.

As such I don't know if this attorney and legal team will be able to assist other people on the same basis (holding fees over), and if they do, how many of them, and for how long they will be able to sustain it (they need to do work that pays the bills at the end of the month). I am also rather confident that they will not be able to cover the applicant for the fees of the state, in cases that may be decided against the applicants. This can amount to hundreds of thousands of Rand.

The solution?

a) The backing of an organisation where the risk is spread amongst the members and the members cover each other and where this organisation has the capacity to take all these matters on. We will see more of these refusals if these matters are not taken on promptly. This remains a reactionary approach and a short term solution. This has been the approach for the past couple of years until relatively recently. There has been more than a hundred high court cases against the CFR and they are still just as difficult to keep in check as they have always been.
b) Criminal proceedings against the relevant SAPS members who are acting outside the ambit of the FCA - which constitutes offences i.t.o. section 120 of the FCA. Nothing has yet come of this. This is a medium term solution.
c) A political and legislative solution. This is a long(er) term solution.

**killzone** · 07-04-2019, 22:34

A friend of mine had his MSR refused in Sep last year. He was adamant that reapplying was the only option. After much convincing he settled on doing the appeal himself. I assisted where I could as he refused to consider legal assistance. Appeal was courierd to Appeals board early December. His appeal was refused on the 23rd of March. I know and have heard of several appeals that were successful without the assistance of GOSA etc, but my personal view is that it's just not worth it to tackle them alone. Join an organisation such as GOSA and benefit from their discounted legal fee and great track record.