1. What Motivus is
Motivus is a platform that helps you prepare a firearm-licence motivation and the associated SAPS application forms under the Firearms Control Act 60 of 2000. Every motivation is reviewed and signed off by a legal practitioner before it is released to you. The software assists with drafting; it does not itself issue any document.
The platform uses thousands of de-identified motivations prepared over many years of service by the owner to train specialised artificial intelligence which generates and drafts solid, scientific, accurate and legally-sound and tested motivations and motivation strategies for applicants to enhance their prospects of success in applying for firearm licences. Through the utilisation of this mechanism - drafting time is minimalised and accordingly, motivations prepared by Motivus retain their standards and quality, whilst becoming far more accessible and affordable to the public.
No more electronic mail exchanges and no more frustration with delays in preparation.
Fast, efficient, scientific and legally-sound motivations sculpted to your specialised firearm needs are prepared and delivered to you in easily usable format.
2. Not legal advice; the practitioner relationship
Whilst Motivus is owned and operated by a legal practitioner who has a keen passion and insight into firearms law, this does not constitute a legal service.
Using the platform does not by itself create an attorney-and-client relationship. The reviewing practitioner takes authorship responsibility for a motivation only once they have verified and signed it. Nothing on the platform is to be deemed legal advice or a legal service and is simply a convenience-based motivation generation service with the endorsement and approval of a legal practitioner well-versed in firearm licensing in the Republic of South Africa.
3. Your responsibilities
You must provide true, complete and accurate information. You are responsible for lodging the completed application with the South African Police Service yourself, and for meeting all statutory requirements (including competency, safe-keeping and any category-specific rules).
By using the service, you confirm that you have no criminal cases pending against you, that your criminal record (if any) has always and will always be disclosed where required of you in law, that you have never been declared unfit to possess a firearm, alternatively, that such declaration has been set aside or lapsed and that you hold the requisite SAPS-issued competency for the category of firearm that you intend to license.
You understand that Motivus takes no responsibility for refusals based on criminal records or similar exceptions and further, that Motivus cannot be held responsible for applicants' refusals in light of not holding the prescribed competency for any firearm that they may apply for.
4. No guarantee of outcome
A motivation improves the quality and completeness of your application, but the decision to grant or refuse a licence rests solely with the Registrar who has a broad discretion in approving or refusing licence applications. Motivus and the reviewing practitioner give no warranty that any application will succeed, however, after many years of industrial exposure and involvement, are fully aware of the legal requirements and arguments that must be put forward to enhance prospects of success for each and every application. All guns matter.
5. Technical Terms
5.1. Applicant is to fill in / set out all information required relating to the Applicant's application (s13, s15 or s16 relevant information) - incomplete information forms will be sent back to be filled in properly (do it once - do it right) - the accuracy of all information provided to Motivus is the responsibility of the Applicant;
5.2 Work on the motivation will commence upon payment having been processed and full and proper instructions having been delivered to Motivus and your express consent for the processing of your personal information by Motivus for the purpose of formulating and drafting your motivation;
5.3 From the date of payment reflecting in the Motivus account - Motivus will, within 7 calendar days, deliver the motivation to the Applicant through the Motivus portal;
5.4 Should Motivus be unable to deliver the motivation(s) / applications to the Applicant within the times envisaged in 5.3 above - the Applicant will inform Motivus per e-mail to max@motivus.info and should Motivus, within a 3 calendar days, not be able to furnish the Applicant with his / her motivation(s) / bundles - the Applicant will be entitled to a full refund;
5.5 All motivations, their style, content and format are the intellectual property of Motivus and copyright rules apply;
5.6 Applicants agree to refrain from circulating or sharing Motivus motivations to other applicants not making use of Motivus services - should it come to the attention of Motivus that applicants are circulating motivations prepared by Motivus; the Applicant agrees that Motivus will be entitled to pursue such unauthorised distributor (albeit the Applicant) for damages flowing from such unauthorised distribution;
5.7 Applicants further agree to refrain from converting their PDF format motivations received from Motivus to text format / Word format for manipulation and re-use - this will also give rise to grounds for a damages claim by Motivus against the Applicant (considering that the Applicant may bring the style and name of Motivus into disrepute through motivation manipulation and submission to the Registrar);
5.8 Fraudulent activity by any user of the Motivus service will be reported to the South African Police Service;
5.9 Motivus offers a paperless service and its services are provided through the portal for client convenience - all communication between the Applicant and Motivus will be per e-mail for record keeping purposes;
5.10 Considering that Motivus offers its services by way of the Motivus portal - the Applicant acknowledges that there may be some inaccuracies, errors or misnomers regarding details on the first draft that they receive from Motivus - Motivus will, free of charge, remedy such errors within 48 hours of notification to Motivus by the Applicant (provided that the Applicant furnished Motivus with the correct information in the information sheet);
5.11 Motivus will not tolerate abusive clients and / nor impatient clients - Motivus will not entertain daily follow-ups by clients in respect of the progress of their motivation / appeal;
5.12 MOTIVUS IS NOT A CALL CENTRE AND IS NOT A FOLLOW-UP SERVICE PROVIDER. THE APPLICANT WILL BE RESPONSIBLE FOR ALL FOLLOW-UPS WITH THE CENTRAL FIREARMS REGISTRAR (FOR LICENCE APPLICATIONS) AND WITH THE APPEALS BOARD (FOR APPEALS ON LICENCE REFUSALS) REGARDING THE PROGRESS OF THE APPLICATION OR APPEAL.
5.13 THERE IS NO SUCH THING AS "CONTACTS" AT THE APPEALS BOARD OR CENTRAL FIREARMS REGISTRAR AND MOTIVUS DOES NOT OFFER OR UNDERTAKE TO "EXPEDITE" FORMAL APPEAL AND APPLICATION PROCEEDINGS.
6. Limitation of Liability
6.1 Motivus is pretty confident in its service quality. A lot of time, effort and concentration goes into drafting each motivation to enhance the applicant's prospect of success.
That's why Motivus will, in the case of a Motivus motivation being refused due to any fault by Motivus (not in the case of fault by CFR or the client or any failure by the client to follow Motivus guidelines set out in the Motivation / instructions) - attend to the appeal free of charge to remedy such fault. The Applicant's full cooperation and assistance in this regard is of paramount importance and Motivus will not take responsibility for any act or omission by the Applicant that prejudices Appeal prospects.
6.2. Mistakes / fault by Motivus will include making errors in law or blatant errors in respect of firearm applications and purposes (provided that clients furnish Motivus with all relevant and critical information requested by Motivus).
6.3. It must however be qualified that Motivus will not accept responsibility for arbitrary refusal reasons such as the usual "Insufficient motivation : You failed to convince the Registrar that there is a need for this particular firearm" for which Motivus has successfully attended to hundreds of appeals where other motivations were used. This also excludes the refusal reason "Failed to convince the Registrar why the firearm in your current possession does not satisfy this need" as that is not a legitimate refusal reason for hunting / sport shooting under section 15 or section 16. The reason for this is due to "need" only being referred to in Section 13 of the Act for licences to possess firearm for self-defence. This exclusion extends to all refusal reasons which are based on incorrect applications of the legislation to the applicant's facts or incorrect interpretations of legislation by the CFR. Motivus ALWAYS focuses on both the need for the firearm and unsuitability of existing and / or pending firearms owned by the Applicant.
6.4 In respect of s13 applications (licences for self-defence) - the Registrar determines whether the applicant has a "need" - as it is entitled to do so in terms of the Act. Motivus goes the extra mile in motivating self-defence applications using the subjective circumstances of each applicant. It must also be shown that alternative measures have been considered and must deal with why they are inadequate. Motivus cannot accept responsibility for refusals on s13 applications where the Registrar refuses on the basis of "Insufficient need" or "Failed to explain why alternatives are not sufficient" as Motivus expressly deals with each of these elements in great detail in its motivations.
6.5. Further, Motivus accepts that your (if applicable) accredited association complies with s16(2) in respect of all relevant s16 documentation that you are provided with and will not accept responsibility for any refusal of applications relating to accreditation or legislative compliance by accredited hunting / sport shooting associations.
6.6. Motivus always endeavours to offer the most efficient, professional and thorough service to its clients and trusts that you will be satisfied with the results.
7. Privacy
We process your personal information under the Protection of Personal Information Act, 2013 (POPIA). See our Privacy Policy for how your information is collected, used and protected, and for the Information Officer's details.
8. Governing law
These terms are governed by the law of the Republic of South Africa.