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  1. #1

    Default 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

  2. #2

    Default 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.

  3. #3

    Default 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.

  4. #4

    Default 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.

  5. #5

    Default 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.

  6. #6

    Default 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.

  7. #7

    Default 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.

  8. #8

    Default 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.

  9. #9

    Default 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.

  10. #10
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    Default 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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