The June 2004 FCA implementation verdict.

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The June 2004 FCA implementation verdict.

Postby Martin_tu » Sat, 2006-12-02 13:24

Date: 30/06/2004 Source: Ministry for Safety and Security
Title: High Court decision on implementation of Firearms Control Act


An urgent application against the President, myself and the National Commissioner of the South African Police Service was heard today, 30 June 2004, in the High Court in Pretoria.

It was alleged that the full implementation of the Firearms Control Act, 2000 and the Regulations would result in numerous difficulties or chaos in respect of hunters, dealers, collectors and firearm owners and the security industry. The Court after hearing arguments, dismissed the application with costs, i.e. costs on an attorney-client scale in order to display the displeasure of the Court with the manner in which this application was brought by the South African Gun Association and various other parties.

The Judge found that there was no urgency, no legal basis and no reasonable prospect of any success in the matter. It is clear that in the period preceding the application misinterpretation and incorrect information has been spread through the media, in an attempt to derail the implementation process which was decided upon by Parliament as far back as November 2003.

The Court stated that it could not be held at ransom in the manner the Applicants attempted to do. The application which we regard as an attempt to derail the process has, in the words of the judge, "dismally failed". It is hereby confirmed that the SAPS will proceed with the full implementation of the Firearms Control Legislation on 1 July 2004.

This implementation of this Act is one of the main priorities of the South African Police Service and the Department of Safety and Security. "This country is sick and tired of the negative effects of serious violent crimes committed with firearms and Government, through this legislation adopted a constructive approach to address this problem."

"We appeal to everyone in the country to participate in the implementation as far as they are concerned. In this regard we will communicate on a continuous basis with the community in order to ensure a safe and secure environment in the Republic in respect of re-licensing, accreditation, and other requirements."

At grass roots level, the local Designated Firearms Officers have been trained to assist the public in respect of the implementation of the Act and Regulations.

For more information contact: Assistant Commissioner PC Jacobs Cell: 082 778 9215

Issued by: Ministry of Safety and Security 30 June 2004


Footnote. It is now general common knowledge that the Judge ruling on this matter was replaced mere moments before the hearing. One must come to ones own conclusions as to why.

"I'd rather have a gun and not need it than vice versa."
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