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  1. #1
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    Default Section 16 motivations?

    Hi All

    i happened to look at the Gunsite FB page this morning and there was a post that seemed to imply that according to a judgement in some court case, motivations are no longer required for Section 16 applications.

    https://www.facebook.com/groups/1277...7979215944331/

    Does anybody know any more about this?

    Thanks

  2. #2
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    Default Re: Section 16 motivations?

    SAPS case - 66325 2018 order received from court - 05.04.2019

    "Johannes Douglas Richards vs National Commissioner"

    Judge Ranchod

    Draft order
    "4. It is declared that section 16 of the Firearms Control Act 60 of 2000 makes no provision for any motivation to accompany an application. "

    Can send you the pdf scan of the judgement if you need.

  3. #3
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    Default Re: Section 16 motivations?

    It is essentially useless information for the average person that applies.
    The only way you will get to use this judgment is with the appeal board, but if you don't win there you need to pay to play at the high court.

  4. #4
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    Default Re: Section 16 motivations?

    Quote Originally Posted by Gleock View Post
    It is essentially useless information for the average person that applies.
    The only way you will get to use this judgment is with the appeal board, but if you don't win there you need to pay to play at the high court.
    I'm not following...if I was applying, I'd fill in my app, add endorsement etc, and tack this onto the end of the addenda (just so they could see it exists).

    Why wouldn't you utilise it in the initial app stages?

  5. #5
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    Default Re: Section 16 motivations?

    Quote Originally Posted by JhbBoy View Post
    I'm not following...if I was applying, I'd fill in my app, add endorsement etc, and tack this onto the end of the addenda (just so they could see it exists).

    Why wouldn't you utilise it in the initial app stages?
    Because I'm smart enough to know their response will be: Refused?

  6. #6
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    Default Re: Section 16 motivations?

    Quote Originally Posted by Gleock View Post
    It is essentially useless information for the average person that applies.
    The only way you will get to use this judgment is with the appeal board, but if you don't win there you need to pay to play at the high court.
    Why would it be useless in the application stage? Let’s forget about the quality of many of the folk sitting at the CFR, but surely it should have some clout if included in your original application?

  7. #7
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    Default Re: Section 16 motivations?

    We will know when it is tested!

  8. #8
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    Default Re: Section 16 motivations?

    Quote Originally Posted by JhbBoy View Post
    SAPS case - 66325 2018 order received from court - 05.04.2019

    "Johannes Douglas Richards vs National Commissioner"

    Judge Ranchod

    Draft order
    "4. It is declared that section 16 of the Firearms Control Act 60 of 2000 makes no provision for any motivation to accompany an application. "

    Can send you the pdf scan of the judgement if you need.
    The bigger problem in all this is the DFO who wants a full motivation or won't accept your application. This happens.

  9. #9
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    Default Re: Section 16 motivations?

    Quote Originally Posted by JhbBoy View Post
    SAPS case - 66325 2018 order received from court - 05.04.2019


    Can send you the pdf scan of the judgement if you need.
    Received with thanks JhbBoy.

  10. #10
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    Default Re: Section 16 motivations?

    Quote Originally Posted by ady View Post
    The bigger problem in all this is the DFO who wants a full motivation or won't accept your application. This happens.
    No problem...you include all the relevant (necessary) bits, like endorsements, and a short para or two if you want about its usage, and tack this on at the end just to make a point.

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