SA’s leading courier firm RAM Hand-to-Hand Couriers has been granted leave to appeal against a high court decision that found the SA Police Services (SAPS) was within its rights to demand that its employees attain competence certificates before they transport firearms and ammunition.
Judge Nelisa Bam said RAM can appeal to the full bench of the court, despite doubting its prospects of success.
“I have considered the points raised by the applicants. Even though I disagreed, there remains the reasonable prospect that another court may come to a different finding on the same facts,” Bam ruled.
RAM, supported by the SA Arms and Ammunition Dealers Association (SAADA), says the requirement by the police that its nearly 3,000 workforce should be in possession of and have been granted a competence certificate to transport is impeding its business.
RAM and SAADA, a lobby group that represents firearms dealers, importers, manufactures and gunsmiths, said the regulations do not require such.
The parties in July unsuccessfully sought an order that firearm dealers and firearm transporters may transport firearms and ammunition with other noncontrolled items in the same vehicle as per their understanding of sections of the Firearms Control Act.
RAM, founded by Nathan Lazarus in 1988, argued that if there was a requirement for a competence certificate for couriers, its workforce would not be able to obtain such competence certificates “overnight” to transport arms.
It said this is because approval of a competence certificate takes about eight months and that if the “conditions sought to be imposed are indeed imposed then there will be no lawful movement of firearms in SA, a result that will severely impede trade in firearms”.
Bam ruled that what was sought by RAM and SAADA fell short and amounted to seeking “advice” from the bench.
It is on this same argument that RAM will now have to convince the full bench that Bam erred when arriving at her decision.
RAM’s clients include major corporations in the sectors of retail, telecommunications, cosmetics and pharmaceuticals.
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