Chapter 19 — Compensation — Firearms Control Act

Circumstances where no compensation is payable in respect of firearms and ammunition forfeited to State

No compensation is payable to a person in respect of a firearm or ammunition forfeited to the State in terms of this Act—

(a) if the relevant licence, permit or authorisation was cancelled in terms of this Act because the holder of the licence had contravened or not complied with a provision of this Act or a condition specified in that licence, permit or authorisation; or

(b) if the holder of the licence, permit or authorisation became or was in terms of section 102 or 103 declared unfit to possess a firearm.

[S 134 commencement: 1 July 2004.]

135

Circumstances where no compensation is payable in respect of firearms and ammunition seized by State

(1) No compensation is payable to a person from whom a firearm or ammunition was seized by the State if—

(a) no licence, permit or authorisation had been issued for such firearm or ammunition to that person in terms of this Act; or

(b) the firearm or ammunition was for any other reason unlawfully in the possession of that person.

(2) The lawful owner of a firearm or ammunition lost or stolen as a result of his or her negligence is not entitled to claim compensation if such firearm or ammunition is subsequently seized by the State from another person.

[S 135 commencement: 1 July 2004.]

Uncommenced amendment

135

Circumstances where no compensation is payable in respect of firearms, muzzle loading firearm and ammunition seized by State

Not yet in force

This is how the section will read once the remainder of the 2006 Amendment Act is proclaimed. It does not bind anyone today — the version above it does.

(1) No compensation is payable to a person from whom a firearm, muzzle loading firearm or ammunition was seized by the State if—

(a) no licence, permit or authorisation had been issued for such firearm or ammunition to that person and in the case of a muzzle loading firearm, no competency certificate had been issued to that person in terms of this Act; or

(b) the firearm, muzzle loading firearm or muzzle loading firearm or ammunition was for any other reason unlawfully in the possession of that person.

(2) The lawful owner of a firearm or muzzle loading firearm or ammunition lost or stolen as a result of his or her negligence is not entitled to claim compensation if such firearm, muzzle loading firearm or ammunition is subsequently seized by the State from another person.

[S 135 substituted by s 42 of Act 28 of 2006 with effect from date to be proclaimed.]

136

No compensation payable where firearms or ammunition are destroyed by State

(1) The Registrar may in respect of any firearm or ammunition seized by, surrendered to or forfeited to the State, issue a notice in the Gazette stating that it is the intention of the State to destroy that firearm or ammunition.

(2) Any person who has a valid claim to the relevant firearm or ammunition may, within 21 days after the publication of the notice in the Gazette, make representations to the Registrar as to why the firearm or ammunition should not be destroyed.

(3) If the Registrar is satisfied, after consideration of any representations contemplated in subsection

(2), that a valid claim to the relevant firearm or ammunition has not been proved, the firearm or ammunition may be destroyed and no compensation will be payable to anyone in respect thereof.

[S 136 commencement: 1 July 2004.]

Uncommenced amendment

136

No compensation payable where firearms, muzzle loading firearms or ammunition are destroyed by State

Not yet in force

This is how the section will read once the remainder of the 2006 Amendment Act is proclaimed. It does not bind anyone today — the version above it does.

(1) The Registrar may in respect of any firearm, muzzle loading firearm or ammunition seized by, surrendered to or forfeited to the State, issue a notice in the Gazette stating that it is the intention of the State to destroy that firearm, muzzle loading firearm or ammunition.

(2) Any person who has a valid claim to the relevant firearm, muzzle loading firearm or ammunition may, within 21 days after the publication of the notice in the Gazette, make representations to the Registrar as to why the firearm, muzzle loading firearm or ammunition should not be destroyed.

(3) If the Registrar is satisfied, after consideration of any representations contemplated in subsection (2), that a valid claim to the relevant firearm, muzzle loading firearm or ammunition has not been proved, the firearm, muzzle loading firearm or ammunition may be destroyed and no compensation will be payable to anyone in respect thereof.

[S 136 substituted by s 43 of Act 28 of 2006 with effect from date to be proclaimed.]

137

Application for compensation

(1) A person whose firearm has been surrendered or forfeited to the State in circumstances other than those referred to in sections 134, 135 and 136 may apply to the Registrar for compensation in respect of that firearm in the prescribed form.

Uncommenced amendment

(1) A person whose firearm muzzle loading firearm has been surrendered or forfeited to the State in circumstances other than those referred to in sections 134, 135 and 136 may apply to the Registrar for compensation in respect of that firearm muzzle loading firearm in the prescribed form.

[S 137(1) substituted by s 44 of Act 28 of 2006 with effect from date to be proclaimed.]

(2) On receipt of an application for compensation made in terms of this section, the Registrar must—

(a) decide whether or not compensation is payable in terms of this Chapter;

(b) if compensation is payable, attempt to agree with the applicant on the amount of compensation to be paid; and

(c) if compensation is payable, but no compensation is agreed upon, determine the amount of compensation to be paid.

(3) An applicant for compensation may appeal against a decision of the Registrar made in terms of subsection (2)(c).

(4) On receipt of an appeal lodged in terms of subsection (3) the Appeal Board must—

(a) hear the applicant and the Registrar; and

(b) determine the amount of compensation to be paid.

(5) The Minister must, with the approval of the Minister of Finance, establish guidelines for the payment of compensation, taking into account the—

(a) financial constraints on the State and its ability to meet actual and anticipated claims for compensation; and

(b) interests of persons who have applied or may in the future apply for compensation.

(6) The guidelines referred to in subsection (5) bind—

(a) the Registrar when he or she agrees or determines compensation in terms of subsection

(2); and

(b) the Appeal Board when it determines compensation in terms of subsection (4).

(7) A person who is not satisfied with the amount of compensation or the time or manner of payment as determined by the Appeal Board, may approach a court to determine the amount, the time and the manner of payment of the compensation.

[S 137 commencement: 1 July 2004.]