South Africa: Ministry of Police Wins Appeal Court Case Against Justice Alliance

press release

The Minister of Police, Nathi Mthethwa, has welcomed the Supreme Court of Appeal's (SCA) judgment handed down on the challenge to the firearms compensation scheme under the Firearms Control Act (FCA) brought by the Justice Alliance of South Africa and the False Bay Gun Club. On Friday, 30 November 2012, a panel of 5 judges, headed by Judge of Appeal, V M Ponnan, dismissed the appeal of the Justice Alliance with costs, including the costs of two counsel.

The appellants sought an order compelling the Minister of Police to pay compensation for all firearms voluntarily surrendered for destruction. As part of the transition from the old Arms & Ammunition Act of 1969 to the new Firearms Control Act of 2000 all firearms that could no longer be legally possessed had to be lawfully disposed of, or surrendered for destruction. A period of 5 years was permitted for the renewal of licences under the new law, and failing that, the disposal of the firearms or their surrender for destruction.

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