SAPS Appeal Against SA Hunters: Further Clarity

For further clarity regarding the possible landmine hidden in the SAPS appeal, please read below. Perhaps now is a good time to start financially contributing to a firearm rights organisation like GOSA, if you have not already.

This refers to the Minister’s Notice of Appeal which may be found at:

http://www.sahunters.co.za/images/at…-July-2017.pdf

I make particular note of the following paragraphs of the Notice of Appeal and the associated wording quoted below:

It “ought to have [been] found that “a forfeiture of a firearm… is not a deprivation; and that any deprivation that does arise is in accordance with a law of general application; and is a legitimate exercise of power because its purpose is to protect public health, welfare, safety and security for everyone’s benefit.” [Paragraph 8]

[G]iven the pressing social purpose of the deprivation, whatever deprivation emerges from the forfeiture is legitimate.” [Paragraph 10]

[A]ny such deprivations do not impose and an acceptably heavy burden upon demand an exceptional sacrifice from one individual or a small group of individuals for the sake of the public at large.” [Paragraph 11]

The learned judge erred in not applying the limitations test in terms of s 36 of the Constitution to any of her findings are violations of constitutional rights. Since rights are not absolute and can be limited she was obliged to carry out a balancing of interests and rights in terms of s 36.” [Paragraph 14]

Having looked at these points again, there is no question in my mind but that the entire issue of the right of the state to compel forfeiture of firearms without paying compensation is front centre in terms of the issues that the Constitutional Court will be called upon to decide.

It seems to me to be practically inevitable that the broader issue of forfeiture of firearms generally without the payment of compensation by the state will have to be dealt with at one and the same time.

The significance of this should be carefully considered.

The post is made primarily for information and awareness purposes. Please only comment if you genuinely have something of value to add. I would like the thread to not “run away”.

For a more general unlaoding, please use this thread: http://www.gunsite.co.za/forums/show…rt-a-panic-but

7 thoughts on “SAPS Appeal Against SA Hunters: Further Clarity

  1. I agree that a consideration of balance must be considered by the court. The question is what should be balanced? I obviously disagree with the SAPS as I believe that the right to life is the main issue and, contrary to the SAPS and GFSA et al, having a firearm available for my use in Defence of my family or myself is the only practical way I can ensure that my right to life, and that of my family, is protected!
    This is not an argument limited to renewals of licenses or ownership of property but has opened up the broader context of firearm ownership in general as well as the inability and unwillingness of the State in general, and the SAPS in particular, to safeguard my rights to life and security of tenure (of property that can be stolen).
    The main issue of whether the State can arbitrarily confiscate property is of course important and I’m sure it will be argued. I’m just concerned that the fundamental right to defend my life and that of my family should come before the court as a ruling by the Concourt on that would be a hugely important foundation on which to build numerous other arguments.
    I look forward to the development of this case with great interest and anticipation

    Liked by 1 person

  2. Maybe we should get Gerie Nell involved with this case to explain to them that they are missing the point and are only waisting taxpayer’s money and time. Bottom line is we got to protect our families against these criminals. One thing is for sure. We’re not going to be sitting ducks

    Like

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