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  1. #11
    User
    Join Date
    Aug 2012
    Location
    South Africa
    Posts
    4,478

    Default Re: Section 16 motivations?

    Quote Originally Posted by Bowhunter View Post
    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?
    They are well aware of this judgement and the same clerk that disregards the PAJA docs is the person that is expected to consider this judgement.
    There is no need to have this included in the original app to be able to use it at the appeals stage, so submitting this document and omitting a motivation will just increases your chance of ending up having to do an appeal.

    Look, if you going to submit it and take it all the way to force them to abide by the judgement, by all means go for it.
    It is going to be a short lived victory though, because the more they see this judgment being included in apps, it will just result in an amendment.

    In my opinion, motivate (nobody said it needs to be a thesis) and keep this tool as a backup for an appeal, because including it doesn't guarantee anything in the application stage.

  2. #12
    User
    Join Date
    Jun 2010
    Location
    Port Elizabeth
    Age
    56
    Posts
    6,740

    Default Re: Section 16 motivations?

    Administrative "justice" or "fairness" can't be mentioned in the same sentence as FCA and,or CFR.

  3. #13
    User
    Join Date
    Jul 2017
    Location
    Port Shepstone, KZN
    Age
    54
    Posts
    333

    Default Re: Section 16 motivations?

    I still do a "motivation Letter" - all of mine are less than 2 pages long - never had any issues with the applications

  4. #14
    User
    Join Date
    Aug 2011
    Location
    KZN
    Age
    54
    Posts
    357

    Default Re: Section 16 motivations?

    Just remember to sign your motivation, although not a requirement.
    My app got denied even after a lawyer appealed.
    O and my new app I had to sign every page

  5. #15
    Banned
    Join Date
    Aug 2018
    Posts
    528

    Default Re: Section 16 motivations?

    My apps included a short motivation explaining which Division I intend to shoot and why that gun is suitable for that division of IPSC...I have 2 approved and the last one is at 88 days....

  6. #16

    Default

    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 de
    clared 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.
    Hi please send me the judgement thanks

  7. #17
    User
    Join Date
    Mar 2014
    Location
    River Club, Sandton
    Posts
    993

    Default Re: Section 16 motivations?

    Quote Originally Posted by Bins View Post
    Hi please send me the judgement thanks
    Sure!

  8. #18

    Default

    Hi Jhboy haven't received it hey

  9. #19

    Default Re: Section 16 motivations?

    Hi Does anyone know if CFR is now in operation as they closed on 01/07/2020 for deep cleaning

  10. #20
    User
    Join Date
    Mar 2014
    Location
    River Club, Sandton
    Posts
    993

    Default Re: Section 16 motivations?

    Quote Originally Posted by Bins View Post
    Hi Jhboy haven't received it hey
    I was being facetious...want to give me your email address?

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