License Renewal

We are of opinion that it remains in your best interest to continue to renew your firearm licenses on time.

 Rather than not to renew them and wait for the new procedures which must be instituted with the amendment of sections 24 & 28 of the FCA, in accordance with Judge Tolmay’s Court Order of 4 July.

This, despite the fact that your white licenses will all remain valid until the execution of Judge Tolmay’s Court Order of 4 July 2017 has been concluded by Parliament (and has been positively evaluated by the Constitutional Court – within 18 months).

Judge Tolmay's verdict clearly states that SA Hunters did not dispute the continuance of renewal of firearm licenses. 

The SA Hunters’ case was about the current wording of these two sections of the FCA, and which were found to be unconstitutional by Judge Tolmay.

The renewal of licences will thus continue in future, irrespective of how the wording of these two sections will be amended in accordance with the Court Order of Judge Tolmay.

The possibility also exists that the Minister of Police could Appeal the verdict, in which case the current wording of these two sections of the FCA will remain in place until all procedures in such an Appeal had been finalized. 

This will mean that the procedures regarding renewals, which were in place before the 4 July verdict, will remain in place. 

That is if the Court allows the Minister of Police to Appeal.

These are, however, technical legal procedures, which will delay the execution of the Court Order of 4 July.

 But it will not change the fact that your white licenses will still have to be renewed (only the procedures and process will change by any amendment).

It, however, remains your prerogative to renew or not, as all your white licenses will remain valid until execution of Judge Tolmay’s Court Order had been finalized, and new procedures instituted by the amendment of the two sections (in accordance with the Court Order).

We say again; Judge Tolmay’s Court Order did not stop the process of renewal of firearm licenses. That is why we are of the opinion that you rather keep on renewing your licenses as per the pre-4 July procedure. 

Rather than having to in any case renew your licenses in accordance with the to be declared new procedures, which will invariably have to be instituted with any amendments to sections 24 & 28, at a later stage (within 18 months).

You will thus only be delaying your own renewal process, which you will have to execute at a later stage in any case.

Credit to H. Els: NHSA