Constitutional Court found in favour of gun owners

27 May 2022

AfriForum welcomes a groundbreaking judgment today, where the Constitutional Court found in favour of not only Fidelity Security Services (Pty) Ltd., but all South African gun owners who failed to renew their firearm licenses before their expiration. The court determined that those who were unable to renew their firearm licenses in time and were subsequently barred from further obtaining a valid license, are allowed to follow the processes as stipulated in the Firearms Control Act, 60 of 2000 (FCA) to obtain a valid firearm license for such firearms.

This confirmed the prior judgment handed down by the Supreme Court of Appeal in that a firearm, whether licensed or not, is the property of the owner until it is destroyed in terms of the respective legislative provisions. This is also a confirmation of the property rights gun owners possess in respect of their firearms as envisaged in section 25 of the Constitution, irrespective of their licensing status.

“We are thrilled about this news and trust that the Minister of Police will issue directives and promulgate regulations as soon as possible to give effect and reflect the Constitutional Court’s judgment. AfriForum has been inundated with queries and complaints from gun owners over the past few years who have had their weapons confiscated and subsequently destroyed by the SAPS due to late renewal applications and a clearly incorrect interpretation of the legislation. This judgment makes it clear that this practice is now in contradiction with the provisions of the FCA. AfriForum will monitor and place pressure on the minister to clarify the processes to be followed by gun owners to renew their expired licenses as a matter of urgency,” says Armand Greyling, Legal and Risk Officer at AfriForum.

Issued by Armand Greyling, Legal and Risk Officer, AfriForum, 27 May 2022