2009-08-31: GOSA Media Statement: Compensation Ruling

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2009-08-31: GOSA Media Statement: Compensation Ruling

Postby GOSA » Mon, 2009-09-07 07:08

GOSA Media Statement: Compensation Ruling

Gun Owners SA (GOSA) takes great pleasure in celebrating with all law-abiding and democracy loving South Africans the landslide court victory of the Justice Alliance of South Africa and The False Bay Gun Club over the State in the Cape High Court this morning.

The State had been accused of refusing to pay just compensation for firearms handed in by law-abiding citizens who were unable to comply with the draconian strictures of the Firearms Control Act regarding relicensing of their already licensed firearms. Acting Judge President Traverso confirmed, in court, that the State had already conceded that they did not have any defence at all to the charges, and awarded costs to the plaintiffs.

The State now has to produce a plan within 90 days setting out how they plan to pay compensation for approximately a million firearms surrendered to the SAPS. The focus will now shift to the tricky subject of fixing a just value for this compensation.

In terms of the Constitution such compensation must take into account not only market or
commercial value, but also 'Use' of the property, and 'History of Use' of that property.

Legal experts have confirmed that if one takes into account the possible prior use of a firearm for personal defence, that this could raise the value of compensation for such a firearm to hundreds of thousands if not millions of rands.

GOSA was instrumental in bringing this cause of action to the attention of the Justice Alliance.

Paul Oxley
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