Compensation Notice

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Compensation Notice

Postby crimefree » Sun, 2009-11-15 20:02

GOVERNMENT NOTICE
DEPARTMENT OF POLICE No. 1071 10 November 2009
ESTABLISHMENT BY THE MINISTER OF POLICE OF GUIDELINES FOR COMPENSATION UNDER SECTION 137(5) OF THE FIREARMS CONTROL ACT, 2000 (ACT NO. 60

1 . 1, Emmanuel Nkosinathi Mthethwa, Minister of Police, hereby, with the approval of the Minister of Finance, establishes under section 137(5) of the Firearms Control Act, 2000 (Act No. 60 of 2000), the following guidelines for compensation of persons whose firearms have been surrendered or forfeited, other than those referred to in sections 134, 135 and 136 of the Act.

2. These guidelines are not applicable to firearms which have been voluntary surrendered for destruction to the South African Police Service in the period between 1 July 2004 and 30 June 2009-
(a) by the lawful owners of such firearms, in accordance with Regulation 94 of the Firearms Control Regulations, 2004; and
(b) by virtue of a choice made by the person involved to have the firearm destroyed and not to sell, donate or otherwise dispose of the firearm involved.


3. These guidelines shall apply to firearms referred to in section 149(3) of the Firearms Control Act, 2000. Notwithstanding paragraph 2 above, I hereby determine that if the Registrar decides that a particular firearm needs to be kept by the South African Police Service for forensic- and other training, research or heritage reasons; and will therefore not be destroyed, that the owner whose firearm was voluntarily surrendered for destruction must be compensated in accordance with these guidelines. In such a case the Registrar must notify the person concerned of the intention not to destroy the firearm and provide the person with the prescribed application form for compensation. Any application for compensation pursuant to a notification by the Registrar, as refer-red to in this paragraph, must be submitted to the Registrar within 30 working days from the date of notification by the Registrar,

4. 1 will appoint a Panel of at least three independent valuators. The Registrar must have the firearms in respect of applications where the applicant is not satisfied with the flat rate valuated by the Panel. Such applicant for compensation shall be entitled to compensation in accordance with the valuation determined by the Panel, subject to the unt of compensation determined in these guidelines for the relevant category of firearm. The costs incurred to obtain such valuation must be deducted from the compensation payable to the applicant.

5. 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 future apply for compensation,

6. I hereby determine that the flat rate and the maximum amount of compensation paid in respect of a particular firearm may not exceed the following:
(a) In the case of a handgun (pistol or revolver) - R 600.00;
(b) in the case of a rifle (combination, single shot, semi-automatic/fully automatic); shotgun (combination, single shot, semi-automatic or automatic), or of any other firearm not mentioned above - Flat rate - R 1 200.00.


7. The maximum amount of compensation which may be paid in respect of any firearm, irrespective of an evaluation by the Panel, shall be the following:
(a) (b)
In the case of a handgun (pistol or revolver) - R 1 000.00;
in the case of a rifle (combination, single shot, semi-autornatict/fully automatic); shotgun (combination, single shot, semi-automatic or fully automatic), or of any other firearm not mentioned above - R 2 000.00.


8. In the case where compensation is to be paid, such payment must be effected from the allocated budget of the Department of Police.

9. The payment must be effected within 90 ( date of determination by the Registrar of the amount of compensation, or within the same period after an appeal has been upheld.
I approve of these guidelines.

P GORDHAN MINISTER OF FINANCE
30th day and signed on this 00 day of October 2009.

STAATSKOERANT, 10 NOVEMBER 2009 No. 32701 3
"Two memorials remain today at Thermoplylae. Upon the modern one is engraved his response to Xerxes' demand that the Spartans lay down their arms. Leonidas' reply was two words, Molon Labe. 'Come and get them'."
crimefree
 
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Location: Pietermaritzburg, South Africa

Postby P35 » Tue, 2010-11-09 09:55

Passing this "approval" as regulation contravenes the SA Constitution and is therefore inconsistent with the supreme law of South Africa.

Chapter 2. 8 Application

1. The Bill of Rights applies to all law, and binds the legislature, the executive, the judiciary and all organs of state.

Supremacy of Constitution

This Constitution is the supreme law of the Republic; law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled.

Chapter 2.14.3

Everyone has the right to privacy, which includes the right not to have-
3. their possessions seized
;



Chapter2.25 Property

1. No one may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property.

2. Property may be expropriated only in terms of law of general application-

1. for a public purpose or in the public interest; and
2. subject to compensation, the amount of which and the time and manner of payment of which have either been agreed to by those affected or decided or approved by a court.

3. The amount of the compensation and the time and manner of payment must be just and equitable, reflecting an equitable balance between the public interest and the interests of those affected, having regard to all relevant circumstances, including-

1. the current use of the property;
2. the history of the acquisition and use of the property;
3. the market value of the property;
4. the extent of direct state investment and subsidy in the acquisition and beneficial capital improvement of the property; and
5. the purpose of the expropriation.


http://www.saps.gov.za/crime_prevention ... /e520d.pdf

http://www.timeslive.co.za/news/article ... mpensation

Consider - is the maximum fine for losing a firearm R600 and R1200 respectively?
P35
 
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Joined: Tue, 2010-11-09 09:04


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