Senwes Scenario's hunting columnist, Jan-Lodewyk Serfontein, explained that the ruling means that all firearm licences which expired in terms of the Firearms Control Act (Act 60 of 2000), are still valid.
It follows after the SA Hunters Association's successful application against the SAPD, which was brought against the Minister of Police in March 2016, in which it was questioned whether sections 24 and 28 were constitutional.
Serfontein says that in addition to this ruling, the court also ruled that sections 24 and 28 are unconstitutional. Section 24 requires that all firearms with firearm licences which have expired, have to be handed in and that firearm licences have to be renewed three months before expiry. Section 28 deals with how a person can be criminally prosecuted.
The court has given parliament 18 months to rewrite the Act, after which the Constitutional Court will revise the sections. “It is a process which will be followed,” he said. “I went to the SAPS on Tuesday, 4 July, and they indicated that they were waiting for written notice to execute the necessary processes.” Serfontein says that firearm owners who voluntarily handed in their firearms during the past two years, should wait approximately two weeks, until the process is in place, to reclaim their firearms. His advice is that you should contact your district firearm official in this regard.
Other good news is that the SA Hunters Association issued a newsletter which indicates that, should you have been prosecuted already, you can apply to have it set aside. Serfontein knows of such instances in Gauteng and the Western Cape, where firearm owners have been prosecured and this ruling will be a great relief for them.
SA Hunters did not only win the court case, a cost order was also issued in favour of SA Hunters - it is estimated that the cost of the court case is in the region of R1,26 million.
Serfontein says this has been a triumph for hunters. “It is exciting that we can now look ahead and build on the future. It means that you can legally own a firearm and that you cannot be disarmed in an unconstitutional way. You are allowed to own a firearm to defend yourself.”
Serfontein responded as follows on a question as to how many South Africans are affected by this: “A number of people are affected and the SAPS does not even know what the impact is. If it wasn't for reseach by SA Hunters and MJ Hood and Associates, we would not have known how many people are affected. The executive officer of SA Hunters, Fred Camphor, indicated that 200 000 or more firearm owners are very relieved.
He is full of praise for the SA Hunters Association. He has been a member of SA Hunters for almost a decade and recommends membership to others as well. “It is very beneficial to join SA Hunters. Not only do they fight for your rights in this and other court cases. They also offer hunting opportunities, target shooting opportunities and shooting ranges where you can practice your favourite sport.”
“The ruling means that you can use your firearm legally - you can practice a sport and you can sell your firearm, should you wish to do so,” he said excitedly.
The fact that certain provinces have been accepting late applications over the past few years, while others refused to, will also come to an end. Serfontein says that the Free State accepted late applications, during the three months before the expiry date, while others did not do so.