Collector wins High Court application against Appeal Board

DS · 30-07-2008, 09:18

In Beeld today it is reported that a collector won his court case against the Firearms Appeal Board. Judge castigated the Appeal Board members because apparently (we should have known) not one of them are firearms experts or matter knowledgeable and that a member of the board presiding over an appeal by a collector should at least be knowledgeable about the matter before him other wise it will very probably be that an injustice and is being committed toward the applicant or in the very least that he is treated unfairly.

The judge decided that the matter could not be referred back to the appeal board for reconsideration because the members are unqualified/incompetent (onbevoeg) in this matter and the applicant could therefore be subjected to further unfairness.

The Court ordered that the 4 licenses he applied for must be issued to the applicant.

Hooraahh!

**Geoff Carter** · 30-07-2008, 09:25

Fantastic!!! There may be light at the end of the tunnel.... and it's not some idiot with a torch :P

**para** · 30-07-2008, 10:13

They will keep snowing us under as there is no accountability or rationality.
Court decisions and recommendations have made no impact in the past and it wont now.

DS · 30-07-2008, 12:42

Well it shows at least that there is a last resort which is most probably going to be successful if you persevere in your quest for a firearm and have been treated unfairly by CFR and the appeal board.

The court decision sets a president (this is immensely important) which you and I can use in future to great benefit.

It is of great importance for those who do not intend to roll over or throw in the towel.

**para** · 30-07-2008, 12:56

Don't fool yourself.

You're going to have to go through the same legal battle as the previous sod.

Referred cases like the one in hand is supposed to guide the minds of the decision makers (as in this case, the way the CFR reasons)

Read what I said before: This referred case will only have an effect if you end up in court as this poor(motivated) sod did.

The idea is that CFR is supposed to introduce the rulings and recommendations of the Judge.

They wont apply what was found by the Judge.

You will have to take them to court with your own money to get the same ruling.

DS · 30-07-2008, 13:48

Yes I did read what you wrote and it is so but now we have a Court ruling that sets a president supporting us. Of course the government/FCR is not going to take to heart what the Judge said because it is making a concerted effort to dissuade people form owning firearms.

The fact that the Firearms law and the Government and the officials make it difficult for us is well known and a fact of life - one can accept it and not buy another firearm because one does not want to go through the effort and time and maybe money or one can decide not to accept it and endeavour to get what one wants even if it takes effort and time and money.

I will not be put off by bureaucracy and inefficiency and stumbling blocks.

I was with friends from the USA at the Jhb Airport two weeks ago when they applied for their temporary import permits form the SAPS office - total inefficiency and waste of time - it took more than two hours to issue permits to the first 8 people and some time more I suppose for the rest after we left - but what do you know, those people in my group will be back again next year as they do every year to come and hunt even if they have to face the stumbling blocks put in their way.

**Corné** · 30-07-2008, 13:57

Para and Khumba, I hear your arguments and yest unfortunately there is this resistance from the CFR to obey the courts but it is a battle won for the good guys. We must just not give up and continue to fight. Unfortunately not all have the money to put on a legal battle and go to court, but continue fighting the best you can.

**para** · 31-07-2008, 13:25

CORNE I CANNOT SUPPORT YOU MORE ON THIS.

I LIKED THE RUMOR THAT THE COMMANDER OF CFR WAS SUED IN HIS PERSONAL CAPACITY.

IF CFR IS HELD ACCOUNTABLE, THE CLAIMANT RECIEVES HIS OWN TAX MONEY BACK AS COMPENSATION, OR THE LEGAL FEES ARE PAID FROM YOUR TAX MONEY.

I THINK THE COMMANDER SHOULD PAY FOR HIS INEFFICIENCY OUT OF HIS POCKET.

**Corné** · 31-07-2008, 13:37

If a CEO of a company can get his ass kicked out of his job for non performance by the shareholders, why cant this be the case at the CFR and the Chief In Charge? If more people take him on in court and wins, surely it should indicate a problem and the higher powers should take notice......on second though, scrap my comment as I just had a quick look on the map and forgot for a momoment where we are on the map....and it starts with a A...