Renewal of expired licence situation

In July 2018 GOSA obtained an interdict against SAPS to prevent them from threatening or taking in expired licence firearms. Under almost every circumstance this interdict (being interim) is NOT appealable. SAPS insisted on asking the judge for permission to appeal this in December 2019. The judge literally said to them: ‘I don’t believe this is appealable, but if you want to ask the Supreme Court of Appeal then I can’t stop you’.

Then SAPS failed to file their appeal with the SCA within the 30 days they are given to do that. GOSA advised SAPS that they had failed to lodge their appeal several times and received written answers to ouradvices. Nonetheless, after about 6 months SAPS woke up and discovered that they hadn’t filed. They then asked the SCA for condonation for late filing. They asked GOSA to agree to their condonation. We refused. Now the SCA has to decide whether or not they will accept SAPS’s reasons for failing to file on time before they even consider the appeal. GOSA will argue against condonation AND (obviously) defend our interdict should SAPS be allowed to argue the appeal in the SCA.

It doesn’t look like we will get back into court for the hearing of our full matter this year.

In the meantime, and to assist those who we have recommended should keep their expired licence firearms in the safe we have instructed out counsel to obtain a written opinion on whether these firearms should not just be used as usual. If you fall into this category we would ask that you complete the GOSA Renewal Rescue Pack (if you haven’t already). This provides you with evidence that you have attempted to comply with the law, and as per the Constitutional Court verdict protects you from arrest or prosecution. As soon as we have the written opinion we will let you know what the next step is. Regards GOSA