Bid to stop Firearms Act fails

2004-06-30 17:33

Pretoria - An urgent high court bid by gun owner bodies to prevent the Firearms Control Act coming into operation at midnight was described as ill-advised by a Pretoria judge on Wednesday and dismissed with costs.

Judge Ben du Plessis found no merit in the application and criticised its late filing.

"There is no factual basis on which the applicants are entitled to the relief they seek," he said.

The application was brought by the SA Gun Owners' Association, the Security Industry Alliance, the National Arms and Ammunition Collectors' Confederation of SA, the SA Shooting Sports Federation, the SA Arms and Ammunition Dealers Association, the Professional Hunters' Association of SA and the Bushveld Conservation Bureau.

They asked for an order delaying the act's implementation, claiming mechanisms were not in place for adherence to new licensing regulations - effectively making criminals of their members.

Sam Maritz argued for the applicants that existing rights were being negated by the new legislation and would result in a "calamity".

Competency certificate

He cited the new requirement for firearm licence holders - including security guards - to hold a competency certificate, saying authorities were not yet in a position to issue these.

The hunting industry was at risk of collapse, as hunters were required to be members of accredited associations - which accreditation could not be obtained, Maritz contended. Foreign hunters visiting South Africa also needed to show documents issued by an accredited hunter.

But Johan Engelbrecht, for the State, said several accreditation applications had been processed and approved.

Maritz argued that ordinary gun owners faced arrest from midnight if they had more than the newly stipulated 200 rounds of ammunition in their possession.

While the act allowed for exemption from this provision, applications could only be lodged once it came into operation on Thursday.

'Holding court to ransom'

But Du Plessis accepted the argument of the State that interim provisions were in place to deal with matters arising during the transitional period.

The judge pointed out that no person could be convicted for not owning a competency certificate if no means existed to obtain one.

He criticised the late filing of the matter, saying the applicants had known of the new law for months. Some sections of the act already came into operation a year ago.

The judge accused them of seeking to hold the court to ransom. They must have reasoned, he said, that a court would err on the side of caution and make an interim ruling rather than risk mistakes arising from the act's implementation.

"This is a way of holding the court to ransom to just do something." There was no basis for bringing the application on an urgent basis, he added.

Du Plessis rejected an argument by Maritz that the Act was obscure and required interpretation.

"I think the act means what it means and people must live with it," he said.

The judge found that the applicants failed to prove a prima facie right to the relief they sought, or that irreparable harm would arise if it was not granted.

Judgment 'unsatisfactory'

Arms and Ammunition Dealers' Association chair Alex Holmes described the judgment as unsatisfactory.

The ruling meant that authorities could arrest and prosecute citizens not immediately complying with the new law without any chance of a conviction, he said outside the court.

Holmes said his organisation supported the act's aims, but believed mechanisms should have been put in place for adherence to its provisions before the legislation came into force.

The Professional Hunters' Association also expressed disappointment.

"We believe the implementation on July 1 will have grave consequences for the flourishing wildlife, conservation and hunting industry in South Africa and South Africa's image abroad as a premier hunting destination," it said in a statement.

Safety and Security Minister Charles Nqakula said the act's implementation was a priority, and would proceed as planned.

"This country is sick and tired of the negative effects of serious violent crimes committed with firearms and government, through this legislation, adopted a constructive approach to address this problem."

Martin Hood, the applicants' attorney, said there was no prospect of taking the matter any further along the legal route.

- SAPA