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Thread: Congratulations are in order!
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28-07-2018, 08:37 #21
- Join Date
- Apr 2016
- Location
- PTA
- Age
- 28
- Posts
- 81
Re: Congratulations are in order!
Wonderful news. Thank you for all the hard work everyone who is involved.
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28-07-2018, 10:16 #22
- Join Date
- Oct 2017
- Posts
- 91
Re: Congratulations are in order!
Congrats to the team.
Looking forward to the out come of the second part and hope you continue to kick ass and take names.
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28-07-2018, 12:31 #23
- Join Date
- Oct 2014
- Posts
- 471
Re: Congratulations are in order!
Follow up on thread no 17. Could the experts please provide some guidance as to what will constitute a "good cause" Thank you
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28-07-2018, 21:57 #24
- Join Date
- Jun 2015
- Location
- Roodepoort
- Age
- 31
- Posts
- 460
Re: Congratulations are in order!
GOSA put together a late/expired license documentation pack on their website and Facebook page. In there are all the documents needed including affidavit templates and guidelines/examples of what constitutes good cause.
It is really well put together and intuitive to use in my opinion. I recommend checking it out.
http://www.gosaonline.co.za/renewal-rescue-pack
Congrats to GOSA, a much needed win for the firearms community!
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28-07-2018, 21:58 #25
- Join Date
- Jan 2014
- Location
- Edenvale
- Age
- 54
- Posts
- 843
Re: Congratulations are in order!
Guys I think just hang fire until the actual order from court is made available because I don’t think this judge granted what has been said he granted. I think there is some confusion and misunderstanding about the order.
I think he only granted an interim order interdicting SAPS from collecting any firearms where the licences have not been renewed pending final determination of the issue of the proper interpretation of section 28(6) of the FCA and whether the Registrar has the power to extend the licence period of those non renewed firearms on good cause shown.
Good cause is basically a good and genuine reason for not renewing on time. I forgot is not good cause. For example I was late because the DFO was absent on the last day for renewal or I was in hospital and could not renew could be good cause.
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29-07-2018, 08:33 #26
- Join Date
- Feb 2013
- Location
- False Bay, Cape Town /\/¯¯¯¯¯\/\
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- 53
- Posts
- 4,172
Re: Congratulations are in order!
This was Larry's better version:
OK... thanks to Larry Marks, herewith a much better version of the order (not typed with my thumbs on a cellphone whilst the Judge dictated to the stenographer...)
1. Directing that the SAPS as represented herein by the 1st and 2nd Respondents be prohibited from implementing any plans of action or from accepting any firearms for which the license expired at its police stations or at any other place, for the sole reason that the license for the firearm expired, and that the SAPS be prohibited from demanding that such firearms be handed over to it for the sole reason that the license for such a firearm has expired, and that this order will operate as an interim interdict, pending the further determination of this application, as prayed for in paragraphs 2 to 10 infra;
2. That this matter then be postponed to the opposed motion roll for further determination in the normal course of the roll, alternatively with such set time limits as this Honourable Court may deem reasonable upon hearing the parties or as agreed to between the parties, for the further determination of the following relief, as prayed for by the Applicant:
3 that by order of Court the periods as referred to in sections 27 and / or 24(1) and 24(4) of the Firearms Control Act, Act 60 of 2000, will be extended, in order for people that hold expired licenses to apply for the renewal thereof.
a. further alternatively
4 The First Respondent shall withdraw the circular issued by Acting National Commissioner Phahlane on 3 February 2016.
5 The First Respondent shall issue a directive that the information technology system of the Central Firearms Register be restored to a position that it is able to accept applications for renewal of licenses which are late because they are lodged inside the 90 days period envisaged in section 24(1) of the Firearms Control Act 60 of 2000.
6 The First Respondent shall issue a directive that the information technology system of the Central Firearms Register be restored to a position that it is able to accept applications for renewal of licenses which have expired because the period of their validity contemplated in section 27 of the Firearms Control Act 60 of 2000 has expired.
7 Any applications for renewal contemplated in paragraphs (b) and (c) above shall still be subject to the requirement of “good cause” as contemplated in section 28(6) of the Firearms Control Act 60 of 2000.
8 Any applicant who has lodged an application for renewal and who has prima facie provided good cause in the relevant space provided on SAPS Form 518(a), shall be deemed to be in lawful possession of the firearm until his application has been decided.
9 Further and / or alternative relief;
10 Costs, inclusive the cost of two counsel where so employed are reserved for determination in the main application.
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29-07-2018, 09:40 #27
- Join Date
- Jan 2014
- Location
- Edenvale
- Age
- 54
- Posts
- 843
Re: Congratulations are in order!
I thought soo. Still a big win for GOSA and congratulations are indeed in order.
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