CONSTITUTIONAL COURT OF SOUTH AFRICA Minister of Police and Others v Fidelity Security Services (

[Paul]

CONSTITUTIONAL COURT OF SOUTH AFRICA


Minister of Police and Others v Fidelity Security Services (Pty) Limited


Case CCT 195/21


Date of Hearing: 18 November 2021






MEDIA SUMMARY




The following explanatory note is provided to assist the media in reporting this case and is not binding on the Constitutional Court or any member of the Court.


On 18 November 2021 at 10h00, the Constitutional Court will hear an appeal against a finding made by the Supreme Court of Appeal that Fidelity Security Services (Pty) Limited (Fidelity) is entitled to apply for new firearm licences, despite the fact it had allowed those to expire.


As one of the largest security companies in South Africa, Fidelity was licensed to possess some 8500 firearms. Due to an administrative error, the licences of some 700 firearms were not renewed timeously, so that they terminated by operation of law, namely in terms of the Firearms Control Act 60 of 2000 (the Act). On 18 April 2016, Fidelity attempted to renew the licences, but the Designated Firearm Officer at the Florida police station refused to accept the late applications for renewal, acting in terms of the Act.


Fidelity launched an application in the High Court of South Africa, Gauteng Division, Pretoria (High Court), seeking to compel the police to accept its late renewal applications and to interdict them from seizing the firearms for which the licences had terminated. The High Court held that the Act must be interpreted to require the firearms to be surrendered and destroyed, and that this did not infringe upon Fidelity’s constitutional rights.


Aggrieved, Fidelity approached the Supreme Court of Appeal. That Court found that there is nothing in the Act nor the regulations that suggests that someone whose licence has terminated by operation of law is forever precluded from applying for a new licence. Destroying firearms, and then requiring firearm owners to buy new firearms to make a new licence application, is neither sensible nor business-like. Ultimately, the Supreme Court of Appeal found that Fidelity was entitled to apply afresh for new licences to possess firearms.


The Minister of Police, the Minister of Justice and the Acting National Commissioner of the South African Police Service (the applicants) have approached the Constitutional Court to appeal this decision. Relying on the decision of the Constitutional Court in Minister of Safety and Security v South African Hunters and Game Conservation Association [2018] ZACC 14; 2018 (2) SACR 164 (CC); 2018 (1) BCLR 1268 (CC) (SA Hunters), the crux of their application is that Fidelity is precluded from applying for licenses for those firearms for which the licences have not been renewed in accordance with the Act, and have therefore terminated by operation of law. The applicants submit that the Supreme Court of Appeal interpreted the Act to ignore the offence, elevating Fidelity’s financial prejudice over the demands of legality.


Fidelity opposes the application. It submits that SA Hunters established only that firearms for which the licences have expired must be handed over to the police. It did not suggest that the firearm must be surrendered for destruction. According to Fidelity, the lapsing of a licence to possess a firearm does not terminate ownership. It also does not bar the owner of the firearm from applying for the renewal of the licence. To interpret the Act thus constitutes a breach of the fundamental right to just administrative action. In addition, Fidelity submits that the applicants’ interpretation of the Act is not logical or businesslike, impinges upon its property rights and to right to trade, and is in fact in direct conflict with one of the objectives of the Act itself, that is to limit the proliferation of firearms. According to Fidelity, this interpretation could not have been the intention of the Legislature. Fidelity asks this Court to uphold the order of the Supreme Court of Appeal, although it brings a cross-appeal against the costs order of that Court.


The Constitutional Court has received applications from Sakeliga NPC, Gun Owners South Africa NPC, National Hunting and Shooting Association and Professional Hunting Association of South Africa, to be admitted as amici curiae. They advance various arguments to assist in the determination of the matter and the Constitutional Court has reserved the decision to admit them.

[Paul]

https://youtube.com/channel/UCgP3U55RSU3etUXTX9hSyKw

Live hearing will be streamed.

[SBB]

Any update on how it went Paul?

[Paul]

ACJ Zondo was sharp and on point. J Madjiedt also. J Rogers was very good. J Pillay (I think she's going to write the judgement) was good. J Tshiqi was surprisingly alive to the lacuna in the law.

I think this will be a split judgement. The majority (5, maybe 6) will confirm the SCA judgement. The 2 or 3 dissenters will write a dissenting judgement.

There is an outside chance that an obiter or even better a finding that one or more of the FCA sections are unconstitutional will come out of this.

https://www.citizen.co.za/news/south...ns-go-missing/




So... prior to the SCA appeal in March this year, and in an overabundance of caution, Fidelity handed in all the expired-licence firearms to SAPS. SAPS, it appears, has either lost the guns, or never recorded the surrender or conveyed this to their counsel... resulting in counsel for SAPS and the Minister, Shakoane SC, getting into a bickering session in the Constitutional Court yesterday.


Again... SAPS does not have the skills or the competence to be in charge of the administration of the FCA!

[SBB]

Thanks Paul. Appreciate the effort and response.

[oafpatroll]

Again... SAPS does not have the skills or the competence to be in charge of the administration of the FCA!

Much less the requisite integrity! The upside down world of SA where a lot of (most?) cops are career crims.

[shooty]

So... prior to the SCA appeal in March this year, and in an overabundance of caution, Fidelity handed in all the expired-licence firearms to SAPS. SAPS, it appears, has either lost the guns, or never recorded the surrender or conveyed this to their counsel... resulting in counsel for SAPS and the Minister, Shakoane SC, getting into a bickering session in the Constitutional Court yesterday.

If there was video footage of this. It will appear on FailArmy on Youtube for sure.

[oafpatroll]

If there was video footage of this. It will appear on FailArmy on Youtube for sure.

I'm guessing the hat wearing pappa oscar echo sierra and his posse are embarrassment proof or/and they are unaware of just how kak sleg they are.