Court rebukes police over conduct in firearms licensing dispute

The Gauteng High Court has ordered the South African Police Service (SAPS) to reverse its refusal to recognise a change in the “responsible person” of a firearms dealership, while sharply criticising officers for what the judge described as obstructive and unlawful conduct.

In a judgment delivered on Monday (2 February), Judge J Swanepoel said the respondents’ handling of the matter was “astonishing” and accused them of displaying “an astounding lack of knowledge about corporate structures”.

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He said their conduct was, in his view, contemptuous of the court.

The applicant in the matter was Marksman Arms and Firearm Training CC. The respondents were the National Commissioner of Police, Brigadier PN Sikhakhane, Captain WJ Croukamp, Colonel S Mangadi, the Minister of Police and the Firearms Appeal Board.

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The case arose after Hendrik van Zyl bought the business from Isaac Nel in June 2025 and became its sole member.

Van Zyl advised the police that he had been nominated as the new responsible person under the Firearms Control Act and asked that their records be updated accordingly.

(The “responsible person” is the individual responsible for a firearm dealer’s compliance with the Firearms Control Act and who represents the business in all dealings with the police.)

Enterprise paralysed 

However, on 28 November 2025, Van Zyl was informed that he would have to apply afresh for a dealer’s licence because of the change in ownership.

The fourth respondent maintained that Van Zyl was not authorised to request a change of responsible person and insisted that a new licence application was required.

This refusal led the applicant to approach the court for an order compelling the police to effect the change, as well as for punitive costs.

In his judgment, Swanepoel found that the refusal had crippled Van Zyl’s enterprise.

He noted that “the applicant’s business has been paralysed by the police’s refusal to change the identity of the responsible person on the system”.

The court reviewed and set aside the decision of the respondents not to recognise Van Zyl as the responsible person.

It ordered that the officers involved must, in writing, acknowledge and implement the change with immediate effect and ensure that related firearm applications are processed.

‘Astounding lack of knowledge’

The second, third and fourth respondents were also directed to file affidavits explaining why they should not be ordered to pay the applicant’s legal costs personally.

Swanepoel was particularly critical of the fourth respondent’s affidavit, in which she argued that the request to change the responsible person should have been made by the “directors of the business”, despite it being a close corporation.

“These averments are repeated often in the answering affidavit and reflect an astounding lack of knowledge regarding the difference between a close corporation and a company.

“Furthermore, the fourth respondent bemoans the fact that the members of the closed corporation did not provide a resolution nominating Van Zyl as the responsible person. She does so when it was patently obvious that … Van Zyl was the only member,” Swanepoel said.

The fourth respondent also persisted with the view that a change in ownership required a new dealer’s licence.

Swanepoel rejected this, referring to the earlier Pretoria Arms case, in which the high court held that a change in ownership of a juristic person does not necessitate a fresh licence application.

‘Obstructive and contemptuous’

In another passage in the ruling, the judge said the respondents were “blatantly obstructive and contemptuous”.

Although he considered making a personal costs order against the officials, Swanepoel ultimately refrained from doing so.

Instead, the first, fifth and sixth respondents were ordered to pay punitive costs on the attorney-and-client scale.

The judge also directed that the ruling be brought to the attention of the senior SAPS leadership.

“I do not know whether the Minister and National Commissioner are aware of the appalling conduct of these officers, and therefore I will direct the Registrar to bring this judgment to their attention,” he said.

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