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IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
ON THIS 9™ DAY DECEMBER 2021
BEFORE MADAM JUSTICE BASSON, J
CASE NO: 40477 / 2021
In the matter between:
FIDELITY SECURITY SERVICES (PTY) LTD 4 Applicant
CODE OF BODY 16455
SECURECO METSU (PTY) LTD
CODE OF BODY 19708 24 Applicant
FIDELITY CASH SOLUTIONS (PTY) LTD 3° Applicant
CODE OF BODY 16415
and ote
THE NATIONAL COMMISSIONER OF THE
SOUTH AFRICAN POLICE SERVICES
GENERAL K J SITHOLE N. O.
(IN HIS CAPACITY AS REGISTRAR OF |
FIREARMS)
Respondent
MAJOR GENERAL MAMOTHET!
(IN HER CAPACITY AS HEAD OF THE FIREARMS,
LIQUOR AND SECOND HAND GOODS CONTROL
DEPARTMENT ‘FLASH’) 2°4 Respondent
BRIGADIER MABULE N. O.
HEAD OF CENTRAL FIREARMS REGISTRY 3° Respondent
THE MINISTER OF POLICE 4" Respondent
THE FIREARMS APPEAL BOARD 5 Respondent
ORDER
AFTER HAVING HEAD COUNSEL and having read the papers filed of record an order in
the following terms-.(2)
It is declared that the applicants are excussed from exhausting any internal
remedy in terms of section 133 of the Firearms Control Act of 2000 as exceptional
circumstances are found to exist;
‘An order reviewing and setting aside all applications refused in Schedules “A’, “B”
and “C’ attached to the court order dated the 15" of September 2021, attached
hereto as “NOM1" to the notice of motion, is granted;
The decision is referred back to the Registrar of firearms for reconsideration;
The respondents must complete process of the ballistic testing of the firearms
within 15 days of granting of the order and thereafter within 15 days reconsider the
applications to grant the licence applied for;
The Registrar of Firearms is ordered to accept and consider such applications for
‘Temporary Authorisations to possess such firearms within 7 days after submitting
such applications, to be valid until the consideration of the licence applications has
been finalised in respect of the refusals referred to above, each of such
applications for a Temporary Authorisation to possess the firearm in question to
contain a condition that the firearm be returned immediately to the local DFO if the
Applicant is informed in writing that the ballistic testing report has indicated that
the firearm is suspected off Ing: Deen, used: ima crime] where the firearm was
discharged;
2021 ~12- 09
iGation.on a scale as between
That the Respondents payBI
attorney and client, jointly and severally, the one paying the other to be absolved.
BY ORDER
STRAR,