Fidelity to appeal court ruling on renewal of firearm licences

Fidelity Security Services said it will apply for leave to appeal the Gauteng High Court judgment, in which it was refused permission to apply for the late renewal of firearm licences. File Picture: Phil Magakoe

Fidelity Security Services said it will apply for leave to appeal the Gauteng High Court judgment, in which it was refused permission to apply for the late renewal of firearm licences. File Picture: Phil Magakoe

Published Jun 26, 2019

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Pretoria - Fidelity Security Services said it will apply for leave to appeal this week's Gauteng High Court, Pretoria judgment, in which it was refused permission to apply for the late renewal of firearm licences.

Its CEO, Wahl Bartmann, said the group is left with no option but to lodge the application, which it will do soon.

He, however, assured all Fidelity’s customers that this judgment will have no operational impact on the business. “It is business as usual,” he said.

The group lost its application for the late renewal of about 700 of its firearms which it uses in its operations.

The company turned to the court as it wanted condonation for the late applications to renew the lapsed licenses.

“Fidelity at all times disclosed to the police that it had expired licences. It attempted to remedy the situation administratively prior to going to court. But  it was frustrated by the inaction of the SAPS and its failure to provide necessary and relevant information,” Bartmann said.

Fidelity attempted to hand in firearms with expired licences, but the SAPS refused to accept the firearms.

Judge Natvarlil Ranchod said in his judgment: “The applicant (Fidelity) argued in this application that it does not help to surrender firearms to the police as they do not have storage or disposal facilities. This is a problem the police must address. It cannot be a ground for the relief that the applicant seeks.” 

The judge further said  it is also unfortunate that possibly about 700 firearms must be surrendered by the applicants to the police to be destroyed, only to buy new ones and apply for new licences.

“This is something for the legislature to consider. It is not an issue before me,” the judge said.

Fidelity earlier told the court that  there were special circumstances as to why the licences had lapsed, as the person who was supposed to renew it, fell ill and eventually left Fidelity’s employment.

But Judge Natvarlil Ranchod said the law was the law and a firearm licence had to be renewed before it lapsed.

In terms of the law a firearm owner must apply for the renewal of a firearm licence 90 days before it actually expired. 

Judge Ranchod referred to a Constitutional Court case involving the late renewal of firearms, where the SA Hunter’s Associations’ application was turned down. 

In that case Justice Johan Froneman said: “It is  an offense to possess a firearm without a licence. He said if a licence had lapsed, the gun holder must get rid of the firearm or face the consequences.

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