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  1. #1
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    Default FIDELITY SECURITY SERVICES V THE MINISTER OF POLICE

    Copied from Martin Hood's post
    "Important news just in Everybody.

    Today the Supreme Court of Appeal has ruled in the matter of FIDELITY SECURITY SERVICES V THE MINISTER OF POLICE as follows

    "There is nothing in the act nor the regulations that even remotely suggests that someone whose licence has terminated by the operation of law is, as a result , forever precluded from applying for a new licence ."
    This means if your licence has expired , you may now submit a new application for it .
    The judgment will be posted shortly."








    https://www.facebook.com/groups/mjho...3113949047795/

  2. #2
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    Default Re: FIDELITY SECURITY SERVICES V THE MINISTER OF POLICE

    Good news for some, I think. I just hope there isn't another amnesty delay in licence apps

  3. #3

    Default Re: FIDELITY SECURITY SERVICES V THE MINISTER OF POLICE

    Quote Originally Posted by Captain Hook View Post
    I just hope there isn't another amnesty delay in licence apps
    The original amnesty delay is still ongoing
    Got new apps waiting well over 1,5 months still to be captured due to the stations amnesty apps waiting to be captured
    Amnesty piles at the DFO are still huge

    Only capturing of renewal payments are being pushed infront of them, but not the actual capturing of the renewal details

  4. #4
    Member Steven001's Avatar
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    Default Re: FIDELITY SECURITY SERVICES V THE MINISTER OF POLICE

    But there will be no reason for another amnesty, as I understand, you should be able to keep your gun (Or dealer stock at worst case) and re-apply for the license?

    Hell yes Martin Hood!!

  5. #5
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    Default Re: FIDELITY SECURITY SERVICES V THE MINISTER OF POLICE

    The way I understand it is that it will be treated as a new application. Nothing in the judgement that you may keep the firearm pending finalization of the application which is problematic as you will still be in posession of an unlicensed firearm.

  6. #6

    Default Re: FIDELITY SECURITY SERVICES V THE MINISTER OF POLICE

    Quote Originally Posted by FFourie View Post
    The way I understand it is that it will be treated as a new application. Nothing in the judgement that you may keep the firearm pending finalization of the application which is problematic as you will still be in posession of an unlicensed firearm.

    Storage permit from DFO like for Deceased Estate firearms ?

  7. #7
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    Default Re: FIDELITY SECURITY SERVICES V THE MINISTER OF POLICE

    Quote Originally Posted by Mark357 View Post
    Storage permit from DFO like for Deceased Estate firearms ?
    Would make a lot of sense. Not that one expect much sense from SAPS.

  8. #8
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    Default Re: FIDELITY SECURITY SERVICES V THE MINISTER OF POLICE

    Quote Originally Posted by FFourie View Post
    Would make a lot of sense. Not that one expect much sense from SAPS.
    Can't wait to see how they are going to deal with this. Will they now allow for renewals of expired licenses, transfers to a dealer or issue storage permits valid for years whilst they decide?
    The judgement does have the following to say at paragraph 34.
    "[34]The above interpretation is reinforced by s 149 of the Act which provides, inter alia, that a firearm may only be destroyed as prescribed;24and that it ‘remains the property of the owner thereof until its destruction....’


  9. #9
    User Paul's Avatar
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    Default Re: FIDELITY SECURITY SERVICES V THE MINISTER OF POLICE

    There are many unknowns right now. SAPS would need to consider this order and then either issue a Directive, or appeal this to the ConCourt (which would suspend the order).

    At the moment you are still liable to be charged for being in unlawful possession since all the orders concur that once your licence expires it ceases to exist.

    I'm not jumping for joy just yet.
    "Always remember to pillage before you burn"
    Unknown Barbarian

  10. #10
    Moderator SSP's Avatar
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    Default Re: FIDELITY SECURITY SERVICES V THE MINISTER OF POLICE

    As I read the judgement, all the police are obliged to do is accept new applications from people who had licences but which are now expired for the guns that they already had licences for and for new guns.

    At the time that the original application was launched the police were refusing to do either.

    One can be the owner of a firearm and be in unlawful possession thereof.

    As to the practicalities and storage of the guns whilst a new licence is being processed, who knows. Dealer stocking, particularly in the light of the police's well publicized inability to track exhibits in SAP13 storage, seems to be the most practical solution.

    That, however, seems unlikely.

    A constitutional challenge also doesn't seem likely as it appears as the bulk of the opposition to the appeal was centered around relied abandoned at the last minute, because of it being overtaken as a result of prior decisions.
    Cattle die, kindred die, every man is mortal:
    But I know one thing that never dies,
    the glory of the great dead.
    Havamal

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