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  1. #21
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    Default Re: Media statement by JASA

    Quote Originally Posted by Paul View Post
    Have a read through the full written verdict...

    We got caned!
    This is nothing more then a travisty of justice. Where in the FCA does it say that compensation is only payable if the firearms handed in are retained by the state?

  2. #22
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    Default Re: Media statement by JASA

    Saldanha's judgement is just plain WRONG!

    Whilst it is not appropriate to comment on the character of the judge himself, his judgement is certainly fair game for fair criticism.

    In his judgement he seems to ignore totally the fact that his senior, Traverso AJP, had already ruled on the matter of compensation, and that that judgement was uncontestable by the State since they had conceded, and not put on a defence at all at the time! They had, in fact, rolled over on their backs like naughty puppies and peed all over themselves and begged not to be punished too severely. Saldanha's judgement is in direct conflict with Traverso's. We now have two judgements, issued by the same court on the exact same matter, contradicting each other...

    This apart from the fact that Saldanha seems to have become confused between S136 and S137, that deal with totally different circumstances. S136 clearly refers to folk who are not the 'owners' of firearms, handing them in and not being permitted to apply for compensation. S137 plainly refers to owners of firearms and requires that they be allowed to claim compensation.
    "Always remember to pillage before you burn"
    Unknown Barbarian

  3. #23
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    Default Re: Media statement by JASA

    Quote Originally Posted by Paul View Post
    Saldanha's judgement is just plain WRONG!

    Whilst it is not appropriate to comment on the character of the judge himself, his judgement is certainly fair game for fair criticism.
    .

    There was a similar incident a few years ago when a Cape Town dealer legally imported a shipment of Norinco AK47's in .223/5.56 calibre with all the correct documentation in place. The local SAP swooped in on the shipment like a bunch of vultures and impounded the lot, the media had a feeding frenzy stating that an illegal shipment of guns had been confiscated. The dealer took the case to court where the decision was made against the dealer and confirmed the guns would be impounded, the dealer appealed and the appeal judge upheld the judgement. Who wants to bet that both judges were ANC appointee's?


    What worries me, judges can make political judgements with impunity while we have little or no recourse.

  4. #24

    Default Re: Media statement by JASA

    Quote Originally Posted by Jack View Post
    What worries me, judges can make political judgements with impunity while we have little or no recourse.
    Nothing new in that.

  5. #25
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    Default Re: Media statement by JASA

    Quote Originally Posted by Wanderin' Zero View Post
    Nothing new in that.
    Maybe not, but that doesnt make it right

  6. #26
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    Default Re: Media statement by JASA

    This is the latest news from JASA!!!!!

    Some definite news at last: the hearing for the application for leave to appeal will be on August 11th. As far as we know, the State will not oppose although the Judge "wants it argued."

    Will let you know immediately we hear outcome.

    John


    John Smyth QC
    Justice Alliance of South Africa (JASA)
    1 Ruskin Road, Bergvliet
    Cape Town, 7945


    Tel/Fax +27 21 713 3259
    Alt Fax 0866727474
    Mobile 083 653 8804


    PLEASE NOTE NEW WEBSITE: www.justicealliance.co.za

  7. #27
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    Default Re: Media statement by JASA

    Time for Saldanha to take his beating like a man?
    "Always remember to pillage before you burn"
    Unknown Barbarian

  8. #28
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    Default Re: Media statement by JASA

    For the benefit of those who may not know how this process works. Here goes:

    A litigant who is dissatisfied with a court's judgment can apply to that court, meaning that same judge, for leave to appeal. The judge has to consider whether another court presented with the same facts, and this goes out to you Fanie, MAY have come to a different conclusion.

    If yes then the court grants leave to appeal, to either the full bench of that court or to the SCA. Then the appeal proper starts.

    If no, then the dissatisfied litigant may approach the Chief Justice of the SCA for leave to appeal.

    That is, without going into boring detail, is how it works.
    Cattle die, kindred die, every man is mortal:
    But I know one thing that never dies,
    the glory of the great dead.
    Havamal

  9. #29
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    Default Re: Media statement by JASA

    Thanks for that SSP. It's kinda strange how this whole thing landed in front of Saldanha, AJ in the first place (being that the original judgement WASN'T being appealed by the state who had conceded), and how (on earth) he felt that he had the authority to reverse (or severally screw with) Traverso, ACJ's judgement.
    "Always remember to pillage before you burn"
    Unknown Barbarian

  10. #30
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    Default Re: Media statement by JASA

    This is the latest news from JASA on their application for leave to appeal!!!
    The hearing was today. Our counsel did very well. No opposition. Decision "in a few days."


    John


    John Smyth QC
    Justice Alliance of South Africa (JASA)
    1 Ruskin Road, Bergvliet
    Cape Town, 7945


    Tel/Fax +27 21 713 3259
    Alt Fax 0866727474
    Mobile 083 653 8804


    PLEASE NOTE NEW WEBSITE: www.justicealliance.co.za

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