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Gun Free South Africa has been admitted as Amicus

  • April 2017
  • Posted By GunFreeSA

Gun Free South Africa has been admitted as Amicus (Friend of the Court) in the matter between the South African Hunters and Game Conservation Association (the applicant) and the Minister of Safety and Security (the respondent).

The case will be heard in the North Gauteng High Court on Tuesday 25th and Wednesday 26th April 2017.

The applicant (the SA Hunters) seeks an order declaring sections 24 and 28 of the Firearms Control Act (FCA) unconstitutional.

Section 24 deals with the renewal of firearms licences: any person who wants to renew a licence must make his or her application at least 90 days before the expiry date of the licence.

Section 28 concerns the terminations of firearm licences and states: that if a firearm licence has been cancelled, the firearm must be disposed of through a dealer within 60 days, otherwise it must be forfeited to the State.

GFSA’s intervention as Friend of the Court is to assist the court in determining whether or not sections 24 and 28 of the FCA are unconstitutional. GFSA argues that these two sections are not only constitutionally proper, but a necessary and effective part of gun control in South Africa.

GFSA also demonstrates that licensing regimes which include regular firearm licence renewals are a crucial part of the international legal and political framework regarding gun control. Furthermore the renewals provision of the FCA are an integral part of the licensing and registration regime in South Africa and they require that the genuine need for the continue possession of the firearm must be proven; and that the legal owner of a particular firearm has to reaffirm his or her responsibility for the firearm registered in his or her name.

GFSA also provides evidence before the Court on the nature and content of effective gun control regimes across the world and their impact on reducing gun deaths.

Matthew Chaskalson, Senior Legal Counsel, will be representing GFSA.

View the Gun Free SA Heads of Argument April 2017.