Consistutional Court Judgement

[Jacquesb]

Manne an dames.

Hiermee die CC uitspraak oor vervalde lisensies en her aansoeke.

[KalahariKlong]

Dankie Jacques.

Kan iemand hierdie in mooi afrikaans verduidelik?
Wat beteken dit vir die gewone man wat sit met n lisensie wat verval het?

Groete

[Ratel]

Dankie Jacques.

Kan iemand hierdie in mooi afrikaans verduidelik?
Wat beteken dit vir die gewone man wat sit met n lisensie wat verval het?

Groete

Die wapens wat ingehandig is by die polisie waarvan die lisensies verval het bly die vuurwapen eienaar se eiendom en jy mag aansoek doen vir hernuwing van die lisensie. Dis hoe ek dit verstaan. Die voorbeeld wat gebruik was in 'n onderhoud op televisie vergelyk dit met 'n voertuig waarvan die lisensie verval het. Dis onwettig om daarmee te ry maar dit bly jou eiendom en jy kan die lisensie hernu. Hierdie beslissing het instansies soos Fidelity wie destyds aansoek gedoen het om hulle wapens waarvan lisensies verval te kan hernu, bekragtig. Bloedneus vir die hoedman.

Ek wonder of daar nou siviele eise teen die polisie gaan kom oor al die duur vuurwapens wat hulle vernietig het oor hulle die wet soos hulle g&t gelees en interpreteer het.

[Toxxyc]

Ek wonder of daar nou siviele eise teen die polisie gaan kom oor al die duur vuurwapens wat hulle vernietig het oor hulle die wet soos hulle g&t gelees en interpreteer het.

Ek hoop so. Die hof het mos nou bewys jy het 'n konstitusionele reg op jou eiendom, of jy dit nou kan lisensieer of nie, en as die polisie dit vat en vernietig dan skuld hulle jou die geld daarvoor.

[Frederik]

Dis goed dat hulle hou op die neus weg het maar onthou as die siviele saak gewen gaan word is dit die belasting betaler ons wat op einde van die dag opdok.

[Toxxyc]

Dis goed dat hulle hou op die neus weg het maar onthou as die siviele saak gewen gaan word is dit die belasting betaler ons wat op einde van die dag opdok.

Ek betaal met liefde belastinggeld wat vir 'n mede-vuurwapeneienaar uitbetaal word eerder as nog 'n ANC-hoof se volgende KFC bucket.

[Zuku]

Ek weet nie of die al ge posteer is nie. Ek weet nie hoe om die PDF file op te laai.

Ten minste is daar goeie nuus.

IMPORTANT NOTICE TO NATSHOOT MEMBERS AND IN EFFECT
ALSO ALL FIREARM OWNERS
Case No. 2025-104362

National Hunting and Shooting Association NPC (Natshoot - NHSA) and the South African
Arms and Ammunition Dealers Association NPO (SAAADA) v Minister of Police & Others
High Court of South Africa, Gauteng Division, Pretoria
Judge: Mbongwe J
Date of hearing: 7 September 2026
Date of judgment: 15 September 2026
---------------
This is a summary of the judgment of 15 September 2026 in the Gauteng division
of the High Court (Pretoria) in the matter indicated above.
Synopsis: Natshoot extends a sincere word of appreciation to the legal team of
advocate Marius Snyman, SC, and lawyer, Mr Martin Hood who were ultimately
through insight and meticulous applicable legal work, responsible for the
judgment delivered by Judge Mbongwe on 15 September 2026, as reported on
below.

The High Court (Gauteng Division in Pretoria) on 15 September 2026 confirmed the
ConCourt order of 27 May 2022, namely that the expiry of a firearm licence may
terminate lawful personal possession (its use) — but it does not, by itself,
terminate legal ownership of the firearm.

The High Court thus confirmed that ownership survives licence expiry and death
of the owner, that firearms remain capable of lawful administration and disposal,
and that SAPS may not any longer only allow owners of firearms with lapsed
licences to apply for a new licence. SAPS may also not use administrative
directives or electronic-system restrictions to prevent licensed firearm dealers
from performing functions permitted by the FCA.

SAPS was given 90 days to implement the judgment. We shall inform members
the moment we receive the directive SAPS will have to compile in order to comply
with the judgment.
-----------------
Summary
The case reported on here was brought by the National Hunting and Shooting
Association NPC (Natshoot - NHSA) and the South African Arms and Ammunition
Dealers Association NPO (SAAADA) against the Minister of Police, National
Commissioner of SAPS, Head of FLASH and Head of the Central Firearms Registry.
The applicants challenged SAPS’ directives, administrative practices and
electronic-system restrictions concerning the ConCourt order of 27 May 2022 in
that SAPS allows only the holder of a lapsed firearm licence to apply for a new
licence.

Currently SAPS also do not allow the firearm of which the licence had lapsed, or
had not been renewed, or because the licensed owner had died, to be handed to
licensed firearm dealers to be taken into dealer stock for safe custody so that any
person can then apply for a licence for such firearm in stock of the dealer.
The High Court declared these restrictions unconstitutional, unlawful and invalid.
Licensed firearm dealers may receive such firearms

The High Court confirmed that a duly licensed firearms dealer may lawfully
receive a firearm of which the licence has expired, lapsed or has not been
renewed, or because the licensed owner had died, for purposes authorised by the
FCA.

The Court relied particularly on section 28(4), section 39 and Regulation 37(3) of
the FCA regulatory framework.
Licensed dealers perform an important regulatory function. Firearms placed in
dealer stock for safe custody are recorded, traceable, stored on regulated
premises and subject to inspection and control.

Firearm owners with lapsed licences who are not interested in going the long
route to apply for a new licence against a lapsed licence, can now hand such
firearm to a firearms dealer who can legally take it in stock despite the licence
having lapsed.

SAPS may no longer prevent licensed firearms dealers from receiving, recording,
storing, safekeeping or entering a firearm into dealer stock solely because the
previous owner's licence has expired, lapsed or was not renewed. Any person can
thus apply for a new licence for such a firearm through the specific dealer.
Firearms with lapsed licences can now also be gifted for the person to who the
firearm with lapsed licence would originally have been gifted to, through the
dealer where such firearm has been taken onto dealer stock. Or the firearm can
be sold if such agreement was made between the owner and the dealer.
Implication is that a firearm in dealer stock can be applied for in the normal
procedures for new licence applications - thus with a SAPS 271 form as prescribed
by the FCA.

Firearms belonging to deceased estates
The judgment also provides important clarification for families, heirs and
executors dealing with firearms belonging to deceased persons.
The death of a firearm owner does not cause ownership of the firearm to
disappear.

The firearm remains an asset of the deceased estate pending lawful
administration. The Court specifically declared that a duly licensed firearms
dealer may receive possession of a firearm from a deceased estate acting
through its duly appointed executor for purposes authorised by the FCA.
This means that SAPS’ administrative procedures cannot prevent the normal and
lawful administration of a firearm merely because the licence issued to the
deceased owner ceased following death.

SAPS administrative directives and electronic systems
The Court also established an important administrative-law principle in that SAPS
cannot create a legal prohibition through a directive, circular, internal policy,
administrative practice or computer-system restriction where that prohibition
does not exist in the FCA or its Regulations.

The Court held that administrative officials may implement legislation, but they
cannot amend laws. In example, SAPS CFR deciding on their own that only the
owner of a firearm with a lapsed licence may apply for a new licence, which ruling
is totally outside the stipulations of the FCA.
Importantly, this means that an electronic-system limitation cannot determine
what the law permits. Where the FCA permits a lawful process but the SAPS
electronic system does not accommodate it, the administrative system must be
changed to comply with the law.

SAPS given 90 days to implement the judgment
The Court ordered the respondents (SAPS FLASH), to within 90 days of the order:
• withdraw or amend all directives and instructions inconsistent with the 15
September 2026 judgment of High Court;
• amend the relevant SAPS electronic and administrative systems to give
effect to the judgment; and
• communicate the effect of the judgment to all Designated Firearms
Officers, Provincial FLASH offices and the Central Firearms Registry.
SAPS must furthermore process applications, transfers and transactions
contemplated by the FCA consistently with this High Court judgment starting 90
days from judgment date.

What this means for all legal firearm owners
The judgment provides significant legal clarity for all firearm owners.
A firearm’s licence and its ownership are legally distinct. Licence expiry may
affect your authority to personally possess the firearm (to use it), but it does not
extinguish ownership.

The key principle to understand is that an expired firearm licence does not
automatically mean that the firearm does not belong to you any longer.
Remember that before 27 May 2022 firearms of which licences had lased had to
be handed in with SAPS for destruction (many thousands of firearm owners were
thus denied their legal ownership of such firearms).

Similarly, where a firearm owner dies, the firearm does not become ownerless or
automatically cease to be private property. It remains an asset of the deceased
estate and may be administered by the duly appointed executor.

Most importantly, the 15 September 2026 judgment confirms that licensed firearm
dealers form part of the lawful mechanism through which these firearms can be
received, recorded, safely stored and dealt with in accordance with the FCA.
This then means that a new licence for a firearm of which the licence has lapsed
can in effect, now be applied for by any person through a firearms dealer, and not
only by the owner as SAPS had previously implemented the ConCourt judgment
of 27 May 2022.

Members should nevertheless understand that the judgment does not constitute
a general authority to keep a firearm indefinitely without a valid licence, permit or
other lawful authorisation in possession.

The judgment, however, does allow the owner of a firearm to gift or sell such a
firearm to any person who may then apply for a new licence for that firearm
which has been taken on stock by the firearms dealer.
We will have to wait to see how SAPS will manage this process – but it is foreseen
that an ordinary application process will be followed as the firearm is on a
dealer’s stock.

As indicated above, we shall inform members the moment we receive the
directive SAPS will have to compile in order to comply with the judgment.
Please be aware of your surrounds and be sure to stay safe

Natshoot Office