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Planning, building & environmental law in Queensland / contributors, Larry Lazarides ... [et al.].

Prestressed concrete / Y. Guyon.

No person may possess a firearm unless he holds a licence issued by the Commissioner of Police (Firearms Control Act 60 of 2000 (s 3); (now repealed) Arms and Ammunition Act 75 of 1969 (s 2)). Where an application for a licence is refused, the applicant may appeal to the Appeal Board (Firearms Control Act (s 133)). Under the Arms and Ammunition Act the appeal lay to the Minister of Law and Order, who could delegate this function to the Appeal Board (s 3(2) read with s 14A and 44(1)). The applicant in the Lazarides case applied for the review and setting aside of a refusal of a firearm licence. It is not clear from the judgment who all the respondents were. It appears that the Appeal Board (FAB) was the second respondent, the Central Firearms Registrar (sic) (CFR) the fourth respondent (being a department within the police which is responsible for the administration of firearm licences), and the Deputy Minister of Safety andSecurity the fifth respondent. It is likely that the other two respondents were the Commissioner of Police and the Minister of Safety and Security. The references to the parties in the judgment are somewhat confusing. The application for the licence had been made under the Arms and Ammunition Act 75 of 1969 which was then still in operation. The Firearms Control Act 60 of 2000 subsequently replaced the 1969 Act on 1 July 2004 (see South African Gun Owners Association v State President of the Republic of South Africa (TPD) 2004-06-30 case number 16620/04 and the discussion by Van der Berg “The Role of National and International Sportshooting, Hunting and Collectors Organisations in Terms of the Firearms Control Act 60 of 2000” 2004 25(2) Obiter 468. The intention with the adoption of the 2000 Act was to control firearms more comprehensively and effectively (see long title of the 2000 Act), and further, to give effect to SouthAfrica’s international obligations in terms of the United Nations’ Convention against Transnational Organised Crime; see in this regard Vrancken and Van der Berg “The South African Regulation of the Conveyance of Munitions at Sea” 2005 30 SAYIL 147).The judgment was marked not reportable. That is both strange and regrettable in view of the public and academic interest in the topic of firearm licensing (to the extent that a number of organisations representing large numbers of individuals unsuccessfully applied to interdict the new (2000) Act from coming into operation; see Van der Berg 2004 Obiter 468; see also Carnelley and Van der Berg “Reasons for Refusal of Firearm Licences” 2003 Obiter 555 and Vrancken and Van der Berg 2005 30 SAYIL 147, as well asnumerous reports in the news and popular media). There is a lack of reported case law on the subject. Very little information has beenforthcoming from the state authorities as regards considerations taken into account by the state authorities in the determination of applications for firearm licences. This leaves the public and the legal fraternity to a large extent in the dark regarding the prospects of success of firearm licence applications. It is almost impossible to judge when an application for a firearm licence is likely to be successful, and when not. It would be in the public interest to report whatever court decisions become available on the topic. (The judgment has since also been reported at 2006 1 All SA 396 (T).) 

Obiter, 2022-07, Vol.27 (3)

A CASE OF MISFIRING? Lazarides v The Chairman of the Firearms Appeal Board 2005 JDR 0584 (T)

Background: It is well documented that caregivers of patients with chronic respiratory failure under noninvasive mechanical ventilation (NIMV) are at high risk to develop depression, burden, overload and declining health over time. Objectives: The purpose of the study was to investigate the subjective and objective burden imposed on families of patients under NIMV at home and explore the coping strategies they adopt. Methods: The study population consisted of 50 informal caregivers of patients with chronic respiratory failure under NIMV at home for at least 6 months. The burden of the families, as well as the adaptation strategies, were estimated by a modified version of the Family Burden Questionnaire validated in Greek. Results: Profound objective burden was reported in the field of social relations in 49%, in household management in 43.2%, in financial issues in 31.3% and in employment issues in 29.4% of the families. The subjective burden which the families experienced was usually lower and it was reported in household management in 33.4%, in employment issues in 29.4%, in social relations in 21.6% and in financial issues in 21.5% of the families. The strategies adopted by the families in order to cope with the imposed burden included reorientation of goals in 92.2%, resignation in 88.2%, passivity in 62.7%, hopefulness in 45.3%, ambivalence in 19.6% and guilt in 13.7% of the families. Conclusions: The families of patients under NIMV seem to face major problems (severe burden) in household management and their social relations. Families do not seem to subjectively experience the burden that is objectively recorded and, in the vast majority, they adopt healthy coping strategies.

Respiration, 2006-01, Vol.73 (1), p.61-67

Burden and Coping Strategies in Families of Patients under Noninvasive Home Mechanical Ventilation

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Planning, building & environmental law in Queensland / contributors, Larry Lazarides ... [et al.].

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Prestressed concrete / Y. Guyon.

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A CASE OF MISFIRING? Lazarides v The Chairman of the Firearms Appeal Board 2005 JDR 0584 (T)

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Burden and Coping Strategies in Families of Patients under Noninvasive Home Mechanical Ventilation

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