‘Police not adhering to interdict’

LAWYERS from Gun Owners of SA (Gosa) say the police were not adhering to a court interdict against the confiscation of firearms from owners whose licences are expired.

Gosa’s lawyer, Larry Marks, sent a letter to national police commissioner Khehla John Sithole.

“We record that Gosa obtained an interdict against the police on July 27, 2018, in terms whereof the police were interdicted from confiscating firearms from owners whose firearms licenses have expired, pending finalisation of certain other relief in the main portion of the application.”

Marks said in the letter the police were granted leave to appeal the interim interdict.

“Although the proposed appeal has lapsed due to late delivery of the required notice of appeal by the police, an application for condonation and reinstatement by the police is presently pending in the Supreme Court of Appeal (SCA)”.

He said that because the interim interdict was of an interlocutory nature, its operation remained unaffected by the pending (lapsed) appeal.

“It can only be suspended if the court, on application made in exceptional circumstances, so directs. The provisions of sections 18(2) and (3) of the Superior Courts Act of 2013 are clear in this regard. For good reason no such application was brought by the police, there simply are no grounds as required in section 18(3)”.

Marks alleged that they were instructed that a certain Colonel Cloete advised the National Council of Provinces, under oath, on October 30 that the interim interdict was no longer valid, because of the pending appeal.

Marks said that needed to be brought to the attention of the chairperson of the National Council of Provinces.

Claire Taylor, a senior researcher at Gun Free SA said the police minister was granted leave or permission to appeal the 2018 interdict.

However, the appeal was not yet granted and until such time the interdict stood.

Community Safety MEC Albert Fritz said key to the functioning of a healthy democracy was the adherence to the rule of law.

“I call on all parties involved to uphold the rule of law by observing the necessary constitutional and legislative requirements.”