Posted on 07/01/2004 6:45:20 PM PDT by neverdem
Safety and Security Minister Charles Nqakula urged the country's gun owners to fall in line with the new firearm control law, saying its implementation was a priority for the police and his department.
With an urgent application by the South African Gun Association and others thrown out of court with costs, and with protesters outside Parliament threatening to break the new law, Nqakula made it clear that the police would proceed with the implementation of the legislation from today.
The new Firearms Control Act came into operation at midnight last night.
In dismissing the application by the gun owners' association and security industry, Judge Ben du Plessis said it lacked any merit. He said on the facts alone the application was not urgent and would have failed in any event.
He also found that the applicants did not prove they would suffer irreparable harm if the Act came into effect today.
The applicants were blasted by the judge, who criticised them for bringing the application on the eve of the Act coming into effect.
"This is a way to hold the court at ransom," he said, and questioned why an application was brought now, while everyone had known for months about the new Act.
The applicants wanted the implementation to be delayed until several mechanisms had been put in place to deal with the practical shortfalls of the Act. Sam Maritz, SC, for the applicants, argued that they had tried in vain to negotiate with the police in order to get clarity on what exactly the Act would entail.
But the judge found that apart from one letter in which the police were threatened with legal steps, the applicants did nothing to try to resolve the matter earlier. He added that it was unfair to expect the court to interpret the entire Act and make a finding in an afternoon.
Maritz argued that if the Act came into effect today, it could cause "chaos". He added that the hunting industry could "collapse overnight".
Maritz argued that the applicants' only concern was that the mechanisms to enforce the Act were not yet in place. He said this would result in many gun owners and associations being in breach of the law today.
But the judge said the law would take all these factors into consideration when it came to possible prosecution. "I think the Act means what it means and people must live with it. I am not persuaded that the implementation of the Act is irrational."
The State called the application vexatious and asked the court to impose a punitive cost order against the applicants.
Du Plessis awarded a special cost order to "show the court's displeasure" at the application, but declined to make a punitive costs order.
Alex Holmes, chairman of the Arms and Ammunition Dealers Association, described the ruling as "a blow" to the industry. He said there needed to be clarity regarding the transitional period so that people could know whether they were breaking the law or not.
Gary Davies, of the Professional Hunters' Association of SA, added that insufficient time had been set for the full implementation of the Act.
"This could mean that foreign clients and professional hunters will be unable to adhere to the new law."
Police spokesman Andrew Lesch called on the public to speak topolice if they were unsure about what to do. - High Court Reporters.
BANG
Victim disarmament at its finest.
Now watch the start of white hunting season.
"He added that it was unfair to expect the court to interpret the entire Act and make a finding in an afternoon."
So they made this decision without even knowing what they were ruling on.
Yep. No limits, and a year 'round season.
As in all frog boiling schemes when to jump out of the pot of following stupid majorities passing bad laws is a tough one. It is always easier to say: "wait till it gets a little warmer". Pretty soon you skin has boiled off. Like Zim.
Perhaps the next protest should be an armed one and involve destruction of ANC buildings.
But I'm afraid the South African whites will comply with this law, and by the time they awaken, there will be no means remaining to defend themselves.
Just like Rhodesia ("Zimbabwe").
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