Do you need motivation for firearm license renewal applications? So something that is immensely difficult to navigate and very inconsistent around the Republic of South Africa is the requirement for a motivation in support of Firearm Licence Renewal Applications under section 24 of the Act.
Some DFO’s insist that the renewal application must be accompanied by a motivation whilst others state that motivation is not necessary. When reading section 24(3) of the Act it states:
“No application for the renewal of a licence may be granted unless the applicant shows that he or she has continued to comply with the requirements for the licence in terms of this Act”.
It’s unclear what the degree of the burden of proof is here or what would constitute “showing that you still comply” .
But if renewal applications are being approved across the board without motivation then this should be applied broadly to all renewal applicants.
It is hard to predict what the Registrar prescribes as “adequate” in terms of section 24.
So – before commissioning services of a service provider in the motivation sphere for renewal – have a discussion with your DFO about the need for motivation when renewing.
Some DFO’s typically require a filled in SAPS 518(a) form PLUS the typical supporting docs such as accredited association membership etc (obviously the required documents under each licence category) PLUS what is referred to as an “Annexure A” form.
The risk remains yours as to whether the Registrar is consistent in its decision-making in this regard and whether a lack of motivation will be acceptable in renewal applications.
We recommend motivating renewals irrespective of what the DFO advises considering the importance of your firearms, the lack of clarity on prescribed burden of proof of renewal in the Act and as the discretion ultimately lies with the Registrar as to whether you have satisfied section 24 in proving non-circumstancial change.
Low risk is better than any risk.
