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The Pretoria High Court granted an urgent provisional prohibition prohibiting the police from accepting firearms whose licenses had expired at police stations or requiring that such weapons be reinstated.
the licenses had expired should have surrendered their firearms to the police for destruction, with about 60 million ammunition, without the court order.
The order, granted by Judge Bill Prinsloo late in the afternoon (Friday), will remain in place pending the outcome of other court actions conducted by the organization Gun Owners of South Africa (GOSA) to extend the validity of firearms licenses or the eventual approval of an amnesty by Parliament.
stated that an amnesty could imply that firearms owners could hand over their firearms when applying for new licenses and recover their firearms if their claims were admissible.
G The OSA also asks the court to compel the National Police Commissioner to provide a detailed security plan to ensure that the outdated firearms would not be stolen or stolen from the police. police, or even sold to criminals by corrupt police officers.
Prinsloo J. stated that the interim relief was in accordance with the Firearms Act and the regulations prescribing the right or opportunity for the holder of an expired firearms license to apply for renewal for cause
. I came to the conclusion that urgent interim measures were required and that the Applicant and his 40,000 members and 450,000 other firearms users were required to take interim measures of urgency and that the Applicant and his 40,000 members and 450,000 other firearms users needed to be helped. […] … in the opinion that these affected persons will be without recourse if they are not badisted because of the conditions prevailing in the police, "he said.
The judge stated that the observation of President GOSA Paul Oxley, who has 30 years of experience in the firearms industry, that chaos currently prevailed with respect to firearms with expired licenses with Police officers of different ranks issuing different orders seemed largely unchallenged.
Oxley says it was a matter of dead life for private firearms owners and security companies who would not be in control. able to defend themselves or those they were to protect should they surrender their firearms. " This is a matter of national security and a urgent danger to the security of the state and all its citizens if the court does not take the necessary measures … and restores order and security.
" … When it comes to removing hundreds of thousands of guns Oxley said that it was clear that the police did not have the ability to receive, store, transport It was very dangerous for such firearms to fall into the hands of criminals and be used against law-abiding citizens who delivered them to destruction.
The judge said that he could also make judicial decisions. a notice of many reports about police firearm losses and cases where corrupt police members – some of them high-ranking – selling weapons
He said that this appeared to be a common cause issued by a former police commissioner in February 2016, the police agreed to receive expired license renewal applications if good reasons could be given , and one could argue that it created There is a legitimate expectation that expired licenses can be reactivated.
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