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their licence be invalid due to such expiry.
Likewise, a person who has been declared unfit to possess a firearm is
required to be given 30 days’ notice in writing of such declaration and
intention to invalidate their firearm licence and is permitted to provide
reasons why their licence should not be invalidated. There is no similar
provision in the Act for a firearm licence holder whose licence has
terminated due to effluxion of time, despite the fact that valid reasons
could exist for the failure to renew the licence.
In the absence of proper procedures for the renewal of firearm licences,
the court declared sections 24 and 28 unconstitutional and ordered
that the Act be amended by Parliament within 18 months to address this
aspect. In the interim the Court held that all firearms issued in terms of
the Act, which are or were due to be renewed, shall be deemed to be
valid. This order is at present suspended pending confirmation by the
Constitutional Court on the constitutionality of the particular sections.
Against this background it means that there is a good chance that
the expiry of your licence may not be valid and we would recommend
that you ask your attorney for assistance with formulating the necessary
correspondence to the Registrar explaining your reasons for not having
renewed your licence in light of the High Court decision.

When does a prisoner qualify for parole?

July 2017

“With a number of well-known persons recently having been
convicted and then allowed out on parole a short time after
being convicted, it does feel that somehow our justice system
does not always apply the same standards to celebrities. How
does parole work and when are you eligible for parole?”
Litigation Parole can be described as “an internationally accepted mechanism

that allows for the conditional release of offenders from a correctional
centre into the community prior to the expiration of their entire sentences
of imprisonment, as imposed by a court of law.”
Parole is therefore a conditional release of a sentenced prisoner and
is a privilege and not a right. In South Africa, parole is governed by the
Correctional Services Act of 1998, read with provisions of the Criminal
Procedure Act of 1977. My feedback will focus on parole considerations
for prisoners serving a minimum sentence of two years up to life
imprisonment. Medical parole, as a separate form of parole, will be
disregarded herein.

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