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03-01-2019, 12:35 #1
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- Jan 2014
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CFR's "Own Rules" and non-compliance with the FCA
Let's use this as a database of examples where the SAPS makes up their own rules or otherwise act ultra vires their functions and powers in terms of the FCA, keeping in mind that they are not supposed to be above the law or be a law unto themselves. After all, they themselves should also respect the principle of separation of powers, being part of the executive. In a properly functioning society they should be held properly accountable. This is long overdue. Unfortunately this applies to top management even more than the lower ranks. It also applies to the political heads since they should exercise overall control.
CHAPTER 16
OFFENCES, PENALTIES AND ADMINISTRATIVE FINES
120. Offences
(1) A person is guilty of an offence if he or she contravenes or fails to comply with any -
a) provision of this Act;
…
(12) It is an offence to obstruct or hinder any person in the exercise of any power or the performance of any duty in terms of this Act.
152. Act binds State
This Act binds the State.
120(2) 15 years 120(3) Five years 120(4) Three years 120(5) Three years 120(6) 10 years 120(7) Five years 120(8) Five years 120(9) Five years 120(10)(a) 10 years 120(10)(b) 25 years 120(11) 10 years 120(12) Five years
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03-01-2019, 12:36 #2
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- Jan 2014
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Re: CFR's "Own Rules" and non-compliance with the FCA
Example 1:
The changing of the IT system so as not to allow the DFO to capture an application for renewal when the license expired despite the fact that the FCA read with the Regulations and forms make provision for it.
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03-01-2019, 12:37 #3
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- Jan 2014
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Re: CFR's "Own Rules" and non-compliance with the FCA
Example 2:
The changing of the IT system so as to make it impossible for the DFO to capture an application for a license where the records of the SAPS was not updated by the SAPS as to the current dealer.
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03-01-2019, 12:39 #4
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- Jan 2014
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- 1,674
Re: CFR's "Own Rules" and non-compliance with the FCA
Example 3:
Some DFO's in some provinces insisting to take a full set of fingerprints (in fact two full sets) with each and every license application, despite the fact that the FCA and Regulations do not require this.
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03-01-2019, 12:40 #5
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- Jan 2014
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Re: CFR's "Own Rules" and non-compliance with the FCA
Example 4:
The fact that the IT- connectivity to the dealers etc. have still not been established after 15 years of the FCA being in operation and apparently despite hundreds of millions of Rand been lost on the project - with no consequences for anybody as to accountability.
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03-01-2019, 12:42 #6
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- Jan 2014
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- 1,674
Re: CFR's "Own Rules" and non-compliance with the FCA
Example 5:
DFO's (on instruction of the higher ranks) and the CFR and Appeals Board insisting that an "endorsement letter" should be provided with an application for a license in terms of section 16.
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03-01-2019, 12:44 #7
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- Jan 2014
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- 1,674
Re: CFR's "Own Rules" and non-compliance with the FCA
Example 6:
DFO's insisting that you should provide them with proof of your training certificates when applying for a license - despite the fact that the "competency" certificate that the SAPS issued you with, was only approved after the training was verified.
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03-01-2019, 12:45 #8
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- Jan 2014
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- 1,674
Re: CFR's "Own Rules" and non-compliance with the FCA
Example 7:
Some DFO's now insisting that you should also provide them with copies of your training certificates for shotgun if you are applying for a license for a rifle.
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03-01-2019, 12:47 #9
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- Jan 2014
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- 1,674
Re: CFR's "Own Rules" and non-compliance with the FCA
Example 8:
DFO's themselves deciding that no one is allowed to submit an application with them after 12h30 on weekdays.
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03-01-2019, 12:51 #10
- Join Date
- Feb 2013
- Location
- False Bay, Cape Town /\/¯¯¯¯¯\/\
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- 53
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Re: CFR's "Own Rules" and non-compliance with the FCA
Such as DFO in the WC who required a mental health certification for applications?
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