Firearms Control Amendment Bill [B12B-2006]: briefing
NCOP Security and Justice
18 October 2006
Meeting Summary
A summary of this committee meeting is not yet available.
Meeting report
SECURITY AND CONSTITUTIONAL AFFAIRS SELECT COMMITTEE
18 October 2006
FIREARMS CONTROL AMENDMENT BILL [B12B-2006]: BRIEFING
Chairperson: Mr L Mokoena (ANC)
Documents handed out:
Firearms Control Amendment Bill [B12-2006]
Portfolio Committee amendments to Firearms Control Amendment Bill
[B12A-2006]
Firearms Control Amendment Bill [B12B-2006] with Portfolio Committee
amendments added
Department briefing on Firearms Control Amendment Bill
SUMMARY
The Committee met with the Department of Safety and Security to receive a
briefing on the Firearms Control Amendment Bill. The reasons for the amendments
and the process that the Department had followed in drafting this Bill were explained.
Recent public hearings held by the Safety and Security Portfolio Committee in
August 2006 had led to further amendments in answer to concerns from the
public. Some of the amendments included: The validity period of certain
licences would be amended. Conditions would be imposed on ownership and
possession. Temporary import permits for foreigners would be simplified.
Admission of guilt fines would be imposed in terms of minor offences.
Individuals with pending domestic offence cases would not be eligible for
firearm licences.
Members asked numerous questions including the alleged slow pace of the
registration application process, the need for security guards to receive
semi-automatic weapons to counter the firepower of criminal gangs, the fact
that silencers had no serial numbers, adverse consequences of the Act for gunshop owners and hunters, amnesty periods for people
unable to register due to valid reasons, the number of licences issued up to
this point, the problem of illegal firearms, the need of older people for guns
for self-defence purposes and the scourge of home-made devices.
MINUTES
Department of Safety and Security presentation
Adv Philip Jacobs (Assistant Commissioner: South African Police Services)
stated that the reason for the Amendment Bill was to amend the Firearms Control
Act of 2000. The Bill had been drafted after consultation with the prosecuting
authority and consultative meetings with stakeholders such as the Firearms
Appeal Committee. The draft Bill was also published for comment in the
Government Gazette in February 2006. Numerous criticisms had been directed at
the Act by interested parties such as professional hunters, gunshop
owners and law enforcement agencies. He stated
that a meeting had been held with the Director of Public Prosecutions regarding
admissions of guilt fines for minor offences. 160 submissions had also been
received from stakeholders at public hearings arranged by the Portfolio
Committee on Safety and Security.
He
went over the changes that had been made to the Act which had been in operation
since 1 July 2004. The Bill would not alter the existing renewal process but it
amended the validity period of certain licences. Detail was provided on the
various muzzle-loaders in existence. Muzzle-loaders did not require licences.
However, the Bill would impose certain conditions on ownership and possession.
The Bill made recommendations in respect of collection of firearms. All
prohibited and restricted firearms collected would be made inoperable. The
Heritage Agency would be involved in the collection process. The requirement
for fingerprints would be amended. Temporary import permits for foreigners for
hunting and sport-shooting would be simplified. The definition of juristic
persons had been amended. Admission of guilt fines would again be imposed in
respect of minor offences. The Bill would provide a category of licence for
professional hunters. An informal forum for consultation would be created. The
implementation of the Act would be streamlined. Any cases of domestic violence
would be taken into consideration when evaluating an application for a firearm
licence.
Discussion
Mr S Shiceka (ANC) referred to certain
topical issues circulating in communities. One criticism was that the new Act
had slowed down the licence application process. People needed firearms for
self-protection purposes. He asked whether any empirical evidence existed to
support the claims of a slow-down in the processing of applications. Another concern
related to the recent spate of violent criminal acts such as cash-in-transit
heists. Security companies were requesting high-calibre weapons to match those
used by criminal gangs. Clarity was sought on the possibility of allowing
guards to use semi-automatic weapons.
Mr M Mzizi (IFP) asked whether the licencing of guns for self-defence purposes was included in
the Bill. He asked who would determine whether an individual was unfit to
possess a firearm. Silencers had no serial numbers and that would hinder any
criminal investigation. The presence of silencers in society was problematic as
criminal acts and community violence could go undetected.
Mr J Le Roux (DA) noted that a common perception of the Firearms Control
legislation was that law-abiding citizens would be disarmed while criminals
continued to possess unlimited numbers of unlicenced
firearms. The Act had resulted in adverse outcomes for gunshop
owners, hunters and gunsmiths in the Eastern Cape as the hunting turnover had
dropped. He asked whether the Bill would seek to reduce the administrative
burden for the police.
Ms F Nyanda (ANC) asked whether all firearms owners
would have to start afresh in terms of licence applications and registration.
Dr F Van Heerden (Freedom Front Plus) asked whether
amnesty for those people with valid excuses, such as overseas travel, would be
considered to allow for late registration. He asked if another period of
amnesty would be considered for those people with home-made devices. The
requirement of ordinary hunters to belong to an association seemed unrealistic.
He asked whether ordinary hunters were obliged to belong to accredited
associations.
Mr L Fielding (DA) noted that firearms were flooding into South Africa from
Namibia on a daily basis while people travelling into Namibia had to possess
licences. He asked whether steps would be taken to address the influx of
weapons.
Mr D Worth (DA) asked for statistics on the number of
licences issued up to this point and the number of application rejections since
the Act was promulgated. He asked whether compensation would be paid to those
who handed in firearms.
Dr Jacobs replied that no empirical evidence existed to support allegations of
a slow-down in registrations. Many people tended to wait until the last minute
before submitting licence applications. All firearms had to be reregistered
irrespective of current status. The first batch was processed before March 2006
for people with birth-dates between January and March. The process would
continue until 31 March 2009. Existing licences of people who did not reapply
would remain valid until 30 June 2009. The Directorate of Public Prosecutions
had agreed with this arrangement. Numerous ways existed to dispose of firearms.
Older persons tended to give up firearms when moving into old-age homes. Valid
reasons for a failure to register at the required time would be considered. The
provision of high-calibre weapons to security guards to achieve parity with the
criminal gangs would not be resisted. However, guards should only acquire
semi-automatic weapons in the interests of public safety. American soldiers in
Vietnam had dramatically reduced friendly-fire casualty figures when automatic
weapons had been replaced by semi-automatic rifles. The SAPS would provide firearms
training for security guard companies. Security companies had to revisit their
operating models to reduce the number of deaths of guards. Back-up vehicles
should be in place to support the lead vehicle. Surveillance tactics could be
greatly improved.
Occasional hunters would receive a licence valid for ten years. Only persons competent to own firearms would receive licences.
The ballistic identification system would still apply to guns with silencers.
Cartridges could still be linked to a particular gun. Various types of
silencers existed in the country. The use of silencers would be limited to
specific purposes such as professional hunting. Operation Rachel continued and
it sought to limit the import of illegal firearms into South Africa. Illegal firearms
were being destroyed in Mozambique. Other measures were also being applied such
as roadblocks to confiscate illegal firearms. The Bill sought to re-licence
firearms. Certain firearms could be deactivated and retained as heirlooms if so
desired. The Act had resulted in some negative consequences for the hunting
fraternity in the first year of implementation. Citizens moving from one
country to another with firearms on their person had to possess the necessary
licences in accordance with international law. An import licence was necessary
to import firearms into South Africa. All legal requirements had to be complied
with. Fingerprints were necessary when applications for re-licencing
were submitted. Further amnesty for new firearms and home-made devices was at
the Minister’s discretion. Transitional provisions existed in the Bill for new
firearms. Occasional hunters were not obliged to be members of accredited
hunting associations. Such hunters could however join such a body at their own
discretion. Statistics in terms of licences issued and the number of rejections
would be provided to Members in due course. Compensation would not be
contemplated for voluntary termination of ownership of guns. Compensation would not be paid to those with
illegal firearms. The possession of illegal firearms remained an offence and
prosecution would follow.
Mr Z Ntuli (ANC) asked whether measures to re-licence
firearms would necessarily address the proliferation of illegal firearms. Many
licensed firearms became illegal when stolen.
Mr A Moseki (ANC) referred
to the public hearings arranged by the Portfolio Committee and requested a
sense of the views expressed by stakeholders. For example, many gun-related
businesses had expressed displeasure at implications of the Act that had
adversely impacted on sales.
Mr Mzizi asked for clarity on the provision that
licence-holders could allow other persons to use their firearms under
supervision.
The Chairperson provided the example of an old farmer that was declared
incompetent to own a firearm but needed one for security purposes. He asked
what options were available to such a person to ensure adequate safety. He
asked if people had to be in possession of a home-made device before
application for a permit was made. Further, why was the Secretary of Safety and
Security defined in the Bill?
Dr Jacobs proposed that South Africa could have followed the British example
where guns were used at clubs and then locked up on the club premises as one
option. However, the Act had opted for the option of responsible firearm
ownership. He stated that one objective of the Bill was to reduce the number of
firearms in circulation in South Africa. The major problem of legal firearms
being stolen and used for criminal purposes, remained.
Firearm owners had to be more responsible to reduce the number of thefts. The
number of firearms in the country had to be reduced. However, the right to own
firearms would not be removed from law-abiding citizens. The Act had resulted
in certain negative consequences for gun dealers and hunters but the national
interest had to override narrow concerns. The licensed owners of guns had to
supervise the use of their guns by others. The definition of the Secretary of
Safety and Security had to be included in the Bill as no definition presently
existed in the Act. In the case of old farmers, additional household licences
could be applied for to ensure some form of security. Elderly farmers could
also employ security guards if budget allowed. Such guards would have to acquire
licenced firearms. Home-made firearms were illegal to
possess unless the Minister declared an amnesty. Therefore, no licences for
home-made weapons would be issued. The Department’s comments on all the
submissions received would be presented to Members at some point.
The Chairperson concurred that a presentation on the submissions would be
arranged in the near future to enable Members to acquire an understanding of
the mindset of stakeholders and key issues. Criminal gangs had the
technological expertise to change serial numbers of weapons that hindered
police investigations.
Other matters: Alberton Magistrate’s Court
Mr Mzizi raised an issue concerning the poor
conditions of the Alberton Magistrate’s Court
discovered during a recent oversight trip by some committee members. Blocked
sewers made it impossible to conduct business in the premises. The Magistrate
was unable to attend court. The parties concerned refused to accept
responsibility for the problem. The present facilities had to be used until new
premises were constructed in 2007.
Mr Shiceka agreed that the problem had to be resolved
urgently to allow magistrates to continue hearing cases.
The Chairperson stated that a report would be requested from the stakeholder
meeting scheduled for Friday 20 October. A letter would be sent to the parties
concerned seeking an explanation for the problem. Members would visit the site
soon to gauge the extent of the problem.
The meeting was adjourned.
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