The High Court in Bloemfontein last week ordered the South African Police Service in the Free State to comply with its legal obligations regarding lost or stolen firearms from deceased estates.
Legally Armed South Africa (Pty) Ltd brought the application against the Minister of Police and several high-ranking police commissioners.
The applicant, which assists executors and others with the handling and licensing of firearms in estates, argued the police have refused or failed for years to open case files for firearms reported as lost or stolen.
The order requested aims to break through administrative lethargy in the Free State police.
According to court documents, the failure has hampered the finalisation of numerous deceased estates. The applicant argued that since 2010, there have been hundreds of firearms from deceased estates across the country where the police refuse to open dossiers.
Judge S. Naidoo found the police’s conduct results in hundreds of firearms not appearing on the national register (EFRS), which increases the risk of the weapons falling into the wrong hands and being used for serious crime.
The police opposed the application and argued among other things that they cannot be compelled to use internal investigation methods such as the EFRS system, which could be regarded as “archaic”.
The judge described the police’s defence as “superficial and opportunistic” and found they failed to prove a genuine dispute over the facts.
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The police are obliged under the Firearms Control Act (Act 60 of 2000) to act immediately when a firearm is reported as lost or stolen.
The court ordered the police must immediately process all reports of lost or stolen firearms in the Free State and open dossiers.
The police must provide case numbers within 30 days for all new reports. For historical cases, where the police previously refused to cooperate, case numbers and proof of registration on the EFRS system must be provided within 180 days.
The police must issue receipts for any firearms or ammunition handed in to them.
The Minister of Police and the other respondents were further ordered to pay the costs of the application.
