Fidelity Security Services (Pty) Ltd v Minister of Police and Others (45537/16) [2019] ZAGPPHC 1098 (12 November 2019)
The court found that the Constitutional Court did not specifically address the argument that section 28(6) of the Firearms Control Act permits the extension of the validity period of a firearm licence after expiry. Given the interpretational challenge and its importance to both the applicant and the public, the...
Source-derived case information.
- Citation
- [2019] ZAGPPHC 1098
- Parties
- Applicant: Fidelity Security Services (Pty) Ltd; Respondent: The Minister of Police; Respondent: The Minister of Justice; Respondent: Acting National Commissioner of the South African Police Services: JK Phahlane
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Case Number
- 45537/16
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal
- Outcome
- Leave to appeal to the Supreme Court of Appeal is granted.
- Judges
- Ranchod
- Legal Topics
- Firearms Control Act, Extension of Licence Period, Leave to Appeal, Interpretation of Statute
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fidelity Security Services (Pty) Ltd
Applicant
The Minister of Police
Respondent
The Minister of Justice
Respondent
Acting National Commissioner of the South African Police Services: JK Phahlane
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal
Legal Issues
- 1 Whether section 28(6) of the Firearms Control Act permits the Registrar to extend the expiry date of a firearm licence that has already expired.
- 2 Whether the Constitutional Court's decision precludes the Registrar from considering late applications for renewal or extension of firearm licences.
- 3 Whether the interpretational challenge regarding s28(6) warrants appellate consideration.
Ratio Decidendi
The court found that the Constitutional Court did not specifically address the argument that section 28(6) of the Firearms Control Act permits the extension of the validity period of a firearm licence after expiry. Given the interpretational challenge and its importance to both the applicant and the public, the court held that this issue deserves consideration by an appellate court. Leave to appeal to the Supreme Court of Appeal was therefore granted.
Court Disposition
Leave to appeal to the Supreme Court of Appeal is granted.
Orders
- Leave to appeal is granted to the Supreme Court of Appeal.
- Costs of this application to be costs in the appeal.
Full Case Text
Judgment text and source record
44 paragraphs
REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
(1) REPORTABLE: YES/NO
(2) OF INTEREST TO OTHER JUDGES: YES/NO
(3) REVISED.
12/11/2019
CASE NO: 45537/16
In the matter between:-
FIDELITY SECURITY SERVICES (PTY) LTD
Applicant
and
THE MINISTER OF POLICE
1st Respondent
THE MINISTER OF JUSTICE
2nd Respondent
ACTING NATIONAL COMMISIONER OF
3rd Respondent
THE SOUTH AFRICAN POLICE SERVICES:
JK PHAHLANE
JUDGMENT
RANCHOD, J
[1] The nub of this application for leave to appeal is whether section 28(6) of the Firearms Control Act 60 of 2000 (the Act) permits the Registrar to, on good cause shown, extend the date of expiry of a licence which has expired in terms of s24(1) of the Act.
[2] Counsel for the applicant submitted that s28(1)(a), in referring to, "upon the expiry of the relevant period contemplated in s27, unless renewed in terms of s24" is covered by the words "Any period contemplated in this section:" in s28(6).
[3] Accordingly, so the argument went, the Registrar is not precluded from considering an extension of the period of 90 days referred to in s24(1) on good cause shown by an applicant.
[4] In my judgment I said that the Constitutional Court clearly stated in Minister of Safety and Security v South African Hunters and Game Conservation Association (Case CCT177I17) that once a licence expires and there has been no application to the Registrar for its renewal at least 90 days before it expired, that is the end of the matter. The firearm must be surrendered. The case considered the constitutional validity of s24 and s28 of the Act.
[5] The applicant in this case before me was an amicus curiae before the Constitutional Court and had argued that s24(1) of the Act was unconstitutional. In the alternative, it asked the Court to declare first, that s28(6) allowed the period of validity of a licence to be extended and, second, that applicants for firearm licences should be allowed to submit late applications and should be issued with temporary licences in accordance with s21 when they do so.
[6] With respect, it seems to me that the Constitutional Court did not pertinently deal with these submissions of the amicus.
[7] It therefore seems to me that this aspect deserves consideration by an appellate court. In view of the interpretational challenge and its importance not only to the applicant in this matter before me, but also to the public at large I would grant leave to the Supreme Court of Appeal.
[8] Accordingly, leave to appeal is granted to the SCA with costs of this application to be costs in the appeal.
JUDGE OF THE HIGH COURT
Appearances
Appearance for the Applicant :
Adv M Snyman
Instructed by M J Hood and Associates
Unit 10, Woodview Ofice Park
01 Humber Street, Woodmead
Appearance for the Respondents :
Adv J Motepe (SC)
Adv DD Mosoma
Instructed by State Attorney
Salu Building
255 Francis Baard Street
Pretoria