Firearm Court Cases
Dear Network Member,
As there will be a lot of 'court activity' or 'legislative discussions'
during 2012, we take this early opportunity to update you on the current
status of various cases awaiting court hearing.
There are currently three court cases involving firearm associations:
(1) SA Hunters & Game Conservation Association (SAHGCA) in which SAGA
(firearms rights), NAACCSA (firearms collectors) and PHASA (professional
hunters) are intervening and amicus parties;
(2) SAGA (in which SAHGCA is an intervening party); and
(3) TAU/Afriforum.
In the SAHGCA case, an interim court order has already been granted, which
caused all old-Act licenses to remain valid until new transitional
arrangements could be made by the authorities. Two and a half years after
the interim order was granted, the police have still not filed any opposing
affidavit but have now been called upon to do so by SAHGCA on or before 7
February 2012. In the meantime SAHGCA has filed an application for the
consolidation of all three cases. Although there appeared to have been merit
in the application, SAGA was of the view that this was not the best way
forward and intended to oppose the application.
It was agreed to negotiate first and, after a number of very productive
meetings between the parties' lawyers, it was agreed that SAHGCA would
request an indefinite postponement of their consolidation application.
NAACCSA agreed with this approach. It was decided that the first two cases
will proceed post-haste and we hope that they will be heard together.
It is our view that the TAU/Afriforum case should proceed separately at a
later date.
SAHGCA, SAGA and NAACCSA have spent considerable resources (financial and
otherwise) on litigation, and will continue to do so for as long as the
threat of disarmament continues and if the police do not execute their
functions in accordance with the law.
This concise summary is a lightly edited version of a circular prepared for
PAAA members last month.
Issued: Friday 27 January 2012 at 11:25
Fri, 01/27/2012 - 13:16