Judge rules firearms still valid until the new law is tested in Concourt
http://www.ewn.co.za/articleprog.aspx?id=16270
Well done to the judges !!
About time the FCA is struck down and nullified
And if the constitutional court rules we must hand in our guns tomorrow? Nothing has has been nullified, the Hunters association made a grave mistake I think, they in effect took on the role of the NPA "prosecuting" themselves so to speak. Instead this whole issue would have remained in legal limbo for the next 100 years as the ANC extends deadline after dealine, amnesty after amnesty as to when you must relicense. Why would you want to have legal clarity in anycase, what practical value would it have it the NPA won't prosecute you ?
How stupid can one be to take such an issue before judges who are on record that all guns must be confiscated! Why would you want to find out what their ruling would be, rather have no ruling on the issue.
I really hope I am wrong on this, any legal types around here with a different opinion ?
Let me put it this way, under Act.96 Verizon paid Naidoo bribes to forbid all wires crossing a road for data. Now lets presume we took the case to the const. court and the judges rule that baas Verizon from the USA was correct, nobody can cut roads. But this still wouldn't mean that the NPA could have been forced to prosecute a road-cutter inspite of such a would be court ruling, because it would in effect be a violation of section 20 of the National Prosecuting Authority Act, No 32 of 1998 as amended , because the constitution entrenches the NPA independence. There is only one individual who decides to prosecute that first test care of not: Director of the NPA.
Thus the const. court would have to decide wether they want to have an intolerable situation develop where; if they rule we must all hand in our guns tomorrow, the cutoff date comes closer and closer lets say 2011 , only the last 100 000 coward whites hands in their guns but our staunch fearless blacks tells the ANC to go to hell and refuse to hand in their guns, the NPA then decides not to prosecute these last 700 000 people ? Do you see why I call the legal profession lowlife dogs and filth, the told everybody to relicense because the law says so, but the law doesn't say anything, only courts says things.
You must remember that const. court judges lives a fantasy world where they are protected by guards behind high walls and gates, many prosecutors and judges are intimidated with many prosecutors shot dead, executed or "hijacked" in their drive-ways. All a crook must do is find out where that prosecutor lives and go and kill him.
Worst case senario
1) The const. rules we must all relicense.
2) The cutoff date nears, wait till the very last moment , the very last day: Do nothing till then.
3) Wait for the NPA to make press release, if they say nothing , then you do nothing.
4) ANC huffs and puffs , bothma growls and yelps: Do nothing.
5) one day before deadline the ANC realizes the NPA won't prosecute (well actually they know that because zuma would have phoned the npa by then)
6) ANC extends deadling by 3months in amnesty via government gazette notice.
Thus by sheer willpower if we all stand together and refuse to do the anc stooges bidding , nothing will happen. But whatever you would do just remember: Wait till the very last day and then only do what you wanted to do.
It is very simple to understand
The anc can't gazette an amenesty the very day of cuttoff say 30June, they will always do such about one to two days before. Because if they don't extend and the SAPS rounds up all the TLU farmers whom they want nail and the NPA refuses to prosecute, the anc will be sued for wrongful arrest. and I say this in terms of the court ruling that forbids the SAPS from arresting prostitutes because the SAPS knows the NPA don't prosecute them anymore even though there are criminal precedents.