Appeals refusals database

[Gbyleveldt]

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.
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As I understand it, it’s the attorney himself who’s appeal was refused, so he took the matter to court. The guy who started the thread was the attorney’s father in law, and later in the thread the actual attorney himself chimed in. Maybe just go through that thread again, I might be reading it wrong.

As per the attorney, the biggest ‘breakthrough’ in the case was the point regarding the judge’s interpretation of the FCA, stating that a motivation is not required for a section 16 application. It’s this part that seems very weird to me me as that’s not how I understand things to be, or, at least, flies in the face of how many of us understand section 16 applications to be done.

Like I said, best to go read that thread and get things from the horses mouth if you will.

[MTTSS]

As I understand it, it’s the attorney himself who’s appeal was refused, so he took the matter to court. The guy who started the thread was the attorney’s father in law, and later in the thread the actual attorney himself chimed in. Maybe just go through that thread again, I might be reading it wrong.

As per the attorney, the biggest ‘breakthrough’ in the case was the point regarding the judge’s interpretation of the FCA, stating that a motivation is not required for a section 16 application. It’s this part that seems very weird to me me as that’s not how I understand things to be, or, at least, flies in the face of how many of us understand section 16 applications to be done.

Like I said, best to go read that thread and get things from the horses mouth if you will.

OK, got that, he acted for himself and not for a family member. The point however remains that experience has taught that it is not sustainable and also a bit risky to be doing these cases on a pro amico or contingency basis. You need the backing of the big firearms organisations or even a political party...

Furthermore, look at the views that have been expressed here a couple of years ago on the issue of motivations:

http://www.gunsite.co.za/forums/show...quot-need-quot

On the thread on Jaracal the attorney says it was a default judgment because the state did not appear in court. Chances are they will come to court and say that there was an administrative mistake in the office of the state attorney and that they want to have the judgment rescinded. This has happened a couple of times.

More than that, one also needs to look at the fact that the SAPS 271 form forms an integral part of the legislation. This form does request a "motivation" although the physical space on the form is limited.

[TacticallyArmed]

HI
Can anyone here assist with the following
- Advice regarding using a legal entity vs doing appeal by oneself.
- Share a list of documents, format and instructions needed for completing an Appeal with out the use of a legal service provider.

Thanks in Advance

[Mischif93]

A friend of mine while applying for his first firearm which was a shotgun on section 15 was refused while his wife's application was approved which was also submitted under section 15, both applications were submitted sometime last year, he was not too happy about this.

Since I helped them with their motivations, he asked me for my opinion on what he should do since the refusal reason was for not belonging to any sporting association, so I told him if it happened to me I would appeal based on that he doesn't need to belong to a sporting association for a section 15 license.

Him and I sat together and worked on his appeal, the actual appeal was just one page and also he included 3 extracts, one of the pages from his motivation (highlighting certain points), a page from the FCA and another was of wording definitions - he also submitted his original motivation just for good measure and obviously his notice of appeal (SAPS 530).

We then gave the appeal to one of my friend's just to fix up the the structure and grammar of the document before he submits.

I think he submitted his appeal in November last year and around March he was informed that his appeal was successful and yesterday he received his card. He was a very happy man.

[JoeKotze]

Sh***, I am still waiting for the outcome of my appeal s16 ar15. It was received at the appeal board 19 Nov 2018. 122 days gone by already. I wrote a few e-mails to get my footwork ready for future legal action if it is refused, needless to say I have not received any feedback from the appeal board.