Three semi-automatic rifles seized by police from a ship anchored off Durban almost a year ago have become the subject of a high court battle.

The owners of the Izhmash Saiga M3s – similar to AK47s – say they are a licensed maritime security company that has a valid temporary import/expert permit to move weapons through SA.

But the Hawks say the permit was obtained using false information and now criminal charges could be in the offing.

The application in the Durban High Court was brought by UK-registered Solace Global Maritime Ltd, which wanted an order against the minister of police and policemen Colonel Brian Dafel and Warrant Officer Danie Reyneke for the rifles to be immediately returned. In his affidavit, Solace managing director David Peach says the company provides armed operatives to shipping companies for the protection of ships from pirates.

He said the weapons permit – which was granted to the company’s nominee, Robert Davies of Maritime Operations cc – was granted in May last year and covered nine rifles, including the three involved in the dispute, which Solace had bought from Malta.

Just two weeks later, the three weapons were seized from the ship Elinakous, and Davies was told that the permit was invalid and a criminal docket was opened. But Peach says nobody was charged.

And in spite of correspondence requesting explanations and demands for the return of the rifles, none was forthcoming. In the meantime, he said, the company was losing $3 000 (R22 769) a day – $873 000 at the time of making the application – because it could not meet its obligations.

Peach said that in November last year, Davies had been advised that the National Prosecuting Authority had declined to prosecute and had recommended the return of the rifles. He also alleged that the rifles were not being properly stored.

But the State has challenged the authority of Peach and Davies to bring the application. Dafel said none of the documents in the court papers emanating outside SA were properly authenticated.

He said it appeared that the firearms were not registered and questioned what had become of the other six.

The case will resume on February 23.