Fidelity Security Services (Pty) Ltd v Minister of Police and Others (45537/2016) [2019] ZAGPPHC 234 (21 June 2019)

Fidelity Security Services (Pty) Ltd v Minister of Police and Others (45537/2016) [2019] ZAGPPHC 234 (21 June 2019)

The court held that the Firearms Control Act is explicit: renewal applications must be lodged at least 90 days before expiry, and if not, the licence terminates and possession becomes unlawful. The Constitutional Court has confirmed the validity of these provisions and rejected arguments for acceptance of late applications or interim authorisations. The applicant's attempt to distinguish ownership from possession is unsustainable, as the Act regulates possession regardless of ownership. The right to conduct business under section 22 of the Constitution does not entitle the applicant to circumvent statutory requirements. The applicant's arguments were previously rejected by the highest...

Citation
[2019] ZAGPPHC 234
Parties
Applicant: Fidelity Security Services (Pty) Ltd; Respondent: Minister of Police; Respondent: Minister of Justice; Respondent: Acting National Commissioner of the South African Police Services: J K Phahlane
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 June 2019
Case Number
45537/2016
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs on the attorney and client scale, including costs of senior counsel.
Judges
Ranchod
Legal Topics
Firearms Control Act, Late Renewal Applications, Administrative Directives, Constitutional Validity, Section 33 Rights, Section 22 Trade Rights
Administrative Law Civil Procedure Firearms Control Act Late Renewal Applications Administrative Directives Constitutional Validity Section 33 Rights Section 22 Trade Rights

Case Brief

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Parties

Fidelity Security Services (Pty) Ltd

Applicant

Minister of Police

Respondent

Minister of Justice

Respondent

Acting National Commissioner of the South African Police Services: J K Phahlane

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the refusal by the third respondent to accept late applications for renewal of firearm licences or new applications for firearms whose licences have expired is lawful.
  2. 2 Whether, pending determination of renewal or new applications, the third respondent should issue authorisations to the applicant to possess the firearms in the interim.
  3. 3 Whether the applicant's rights under section 22 and section 33 of the Constitution are infringed by the refusal to accept late applications.

Ratio Decidendi

The court held that the Firearms Control Act is explicit: renewal applications must be lodged at least 90 days before expiry, and if not, the licence terminates and possession becomes unlawful. The Constitutional Court has confirmed the validity of these provisions and rejected arguments for acceptance of late applications or interim authorisations. The applicant's attempt to distinguish ownership from possession is unsustainable, as the Act regulates possession regardless of ownership. The right to conduct business under section 22 of the Constitution does not entitle the applicant to circumvent statutory requirements. The applicant's arguments were previously rejected by the highest...

Court Disposition

Application dismissed with costs on the attorney and client scale, including costs of senior counsel.

Orders

  • The application is dismissed.
  • The applicant is ordered to pay the costs of the application on the scale as between attorney and client, including the costs of senior counsel.