Results 11 to 15 of 15
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18-08-2018, 06:57 #11
- Join Date
- Jun 2011
- Location
- Thabazimbi
- Posts
- 288
Re: Purchasing a firearm with an expired license
Also interested
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18-08-2018, 08:42 #12
- Join Date
- Jan 2014
- Location
- Edenvale
- Age
- 54
- Posts
- 843
Re: Purchasing a firearm with an expired license
Firstly, I am not a member of the GOSA team.
As things stand, the GOSA interim order merely means that SAPS may not collect firearms whose licenses have expired. However SAPS have applied for leave to appeal, which strictly speaking means the GOSA order itself is on hold unless GOSA, at the hearing of the leave to appeal, applies for the enforcement of their interdict pending the appeal. If the judge grants leave to appeal, then we must all await the hearing of the appeal, bearing in mind its only the appeal against the interim interdict. The second round, i.e the hearing of the main application has not yet been heard.
The answer to the questions posed in this thread will depend on the outcome of the second round i.e the main application, where the Court must determine whether the CFR has the power to condone late relicencing on good cause shown. If the Court says it does then the person must apply for relicensing and condonation for late relicensing and if it is granted you can move to the next steo of selling and licensing. In other words the firearm must become “legal” again before you can licence.
At the moment I do not think you can do anything other thn get the seller to begin relicencing and apply for condonation and wait and see what CFR does. If they refuse the seller will have to follow CFR appeal and if still unsuccessful, apply to High Court to review the decision.
Complicated enough for you?
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18-08-2018, 08:45 #13
- Join Date
- Jan 2014
- Location
- Edenvale
- Age
- 54
- Posts
- 843
Re: Purchasing a firearm with an expired license
PS the green licence thing is just as coomplicated as this too awaits a court decision and there is uncertainty there too.
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18-08-2018, 20:07 #14
- Join Date
- Jan 2014
- Location
- Edenvale
- Age
- 54
- Posts
- 843
Re: Purchasing a firearm with an expired license
PSS In terms of section 18 of the new Superior Courts Act an interlocutory order (such as the interim interdict obtained by GOSA) is not suspended by the application for leave to appeal or the appeal and so the GOSA interdict is still valid.
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19-08-2018, 03:09 #15
- Join Date
- May 2018
- Location
- Koffiefontein, FS
- Age
- 48
- Posts
- 192
Re: Purchasing a firearm with an expired license
Thanks GK21
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