For further clarity regarding the possible landmine hidden in the SAPS appeal, please read below. Perhaps now is a good time to start financially contributing to a firearm rights organisation like GOSA, if you have not already.
This refers to the Minister’s Notice of Appeal which may be found at:
I make particular note of the following paragraphs of the Notice of Appeal and the associated wording quoted below:
It “ought to have [been] found that “a forfeiture of a firearm… is not a deprivation; and that any deprivation that does arise is in accordance with a law of general application; and is a legitimate exercise of power because its purpose is to protect public health, welfare, safety and security for everyone’s benefit.” [Paragraph 8]
“[G]iven the pressing social purpose of the deprivation, whatever deprivation emerges from the forfeiture is legitimate.” [Paragraph 10]
“[A]ny such deprivations do not impose and an acceptably heavy burden upon demand an exceptional sacrifice from one individual or a small group of individuals for the sake of the public at large.” [Paragraph 11]
“The learned judge erred in not applying the limitations test in terms of s 36 of the Constitution to any of her findings are violations of constitutional rights. Since rights are not absolute and can be limited she was obliged to carry out a balancing of interests and rights in terms of s 36.” [Paragraph 14]
Having looked at these points again, there is no question in my mind but that the entire issue of the right of the state to compel forfeiture of firearms without paying compensation is front centre in terms of the issues that the Constitutional Court will be called upon to decide.
It seems to me to be practically inevitable that the broader issue of forfeiture of firearms generally without the payment of compensation by the state will have to be dealt with at one and the same time.
The significance of this should be carefully considered.
The post is made primarily for information and awareness purposes. Please only comment if you genuinely have something of value to add. I would like the thread to not “run away”.
For a more general unlaoding, please use this thread: http://www.gunsite.co.za/forums/show…rt-a-panic-but