Minister of Police and Others v Fidelity Security Services (Pty) Limited

Fidelity Security Services, a major private security company owning over 8 500 firearms, allowed the possession licences for about 700 firearms to lapse because its nominated responsible person changed and renewals were not lodged timeously under section 24 of the Firearms Control Act 60 of 2000. Once discovered, Fidelity attempted belated renewals, which the South African Police Service refused to consider, insisting the firearms had to be surrendered and that no further applications could be made. Fidelity approached the High Court for relief, including constitutional challenges, but later narrowed its case. The High Court dismissed the application, holding that expired licences could not be renewed or replaced. On appeal, the Supreme Court of Appeal held that the Act does not prohibit fresh licence applications after expiry and ordered that new applications be accepted. The State parties then appealed to the Constitutional Court.

Leave to appeal was granted, but the appeal was dismissed. The applicants were ordered to pay the respondent’s costs in the Constitutional Court.

The case clarifies that under South African law, the expiry of a firearm possession licence does not permanently bar an owner from applying for a new licence. It resolves uncertainty following SA Hunters and provides authoritative guidance on the interpretation of the Firearms Control Act, balancing firearm regulation with property rights and administrative justice. The decision has broad practical implications for firearm owners and the administration of firearm licensing by the SAPS.