The ConCourt ruling means gun owners who had to hand in their firearms to Saps can apply to licence the guns.
In a ruling which will be an administrative nightmare for the SA Police Service , Police Minister Bheki Cele has lost his bid to stop thousands of gun owners whose licences had expired from re-licencing their guns. Constitutional Court judges upheld the Supreme Court of Appeal's finding that the Firearms Control Act contained a mechanism by which a gun owner could regain lawful possession of a firearm as it remained the property of the gun owner.
This means even if a gun owner handed in their firearms to the police after the lapse of the renewal period, the gun owner retains ownership of that firearm. The case was initially dismissed by the high court, leaving the security company with no other option but to appeal the finding with the SCA or give the guns up for destruction.The SCA ruled in favour of Fidelity but Cele appealed the finding. The highest court in the land has since upheld the ruling but granted the police minister leave to appeal.
He said fortunately Fidelity had the finances to fight this in the Constitutional Court and now the Saps sat with a massive administrative and logistical problem.
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