PROJECT: UNLAWFUL OPERATION OF THE CENTRAL FIREARMS REGISTRY - COURT CONFIRMS SYSTEMIC FAILURE

Isabel Spies
2 days ago
4 min read

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On 2 February 2026, a High Court judgment formally confirmed what South African firearm owners and licensed dealers have long suspected: the Central Firearms Registry (CFR) has been operating unlawfully.

The ruling establishes that the CFR systematically delayed, obstructed, and in many instances outright refused firearm

and dealer licence applications without any legal authority under the Firearms Control Act.

This is no longer a disputed allegation—it is now a court-confirmed fact.

CONTEXT AND HISTORICAL OVERVIEW:

For years, law-abiding South Africans seeking to exercise their statutory firearm rights have faced escalating obstruction from the CFR.
Applications have been delayed indefinitely, refusals issued without explanation, and requirements altered without notice.
These actions were routinely justified by internal “capacity constraints” and alleged administrative backlogs.
The High Court has now unequivocally rejected these explanations: administrative incapacity does not permit violations of constitutional rights or statutory obligations.

FACTUAL FINDINGS FROM THE MARKSMAN ARMS JUDGEMENT:

The judgment exposes systemic abuse of power within the CFR under the leadership of Brigadier Sikhakhane.
Key findings include:
- Applications delayed well beyond lawful timeframes.
- Arbitrary alteration of requirements without statutory authority.
- Introduction of criteria not sanctioned under the Firearms Control Act.
- Decisions taken without procedural fairness.
- Lawful applications effectively refused through inaction.
The court explicitly ruled that “capacity constraints” do not constitute a lawful defence.
Public officials are empowered only to exercise the authority granted by Parliament.
CFR leadership’s failure to comply with this mandate constitutes unlawful administration and institutional collapse.

OPERATIONAL CONSEQUENCES:

The practical impact of this failure is profound. Law-abiding citizens who adhere to training, vetting, renewals, and safe-storage requirements are penalised through bureaucratic obstruction.
Meanwhile, criminal actors operate with minimal oversight, no compliance enforcement, and unrestricted access to illicit firearms.
Organised crime networks exploit this vacuum, further endangering public safety.
What is presented as an administrative process is, in effect, a systemic enabler of criminal activity.

CHARACTERISTICS OF THE CONTENTION:

Judicial confirmation of unlawful state conduct.
Systemic abuse of administrative power.
Leadership failure at the national registry level.
Constitutional and statutory violations.
Law-abiding citizens disadvantaged, criminals unimpeded.
Policy manipulation achieved through bureaucratic obstruction.
Immediate need for oversight, accountability, and reform.

The Marksman Arms judgment is a decisive moment for firearm governance in South Africa.

It underscores the urgent need for reform, oversight, and accountability at the highest levels of the CFR.

Lawful citizens must not be punished for compliance while criminal networks flourish unchecked.

Specialised Security Services continues to monitor these developments closely and advises stakeholders that robust administrative reform is critical to restoring both public confidence and operational integrity within the firearm regulatory system.

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