1.1) The Human Rights Committee of South Africa (HRC) is an independent national non-governmental organisation (NGO) established from a number of banned human rights organisations in September 1988. We believe in protecting and promoting fundamental rights and in sustaining and developing democracy. We seek to contribute to a South Africa where its entire people effectively enjoy the benefits enshrined in the Constitution and the Bill of Rights.

Our objective is to bring the Constitution to our people. The HRC has adopted an integrated and holistic approach whereby its monitoring, research, reporting, public awareness and advocacy work aims to:

• ensure that people's rights are respected, promoted and protected;
• ensure that legislation and government policies conform to the Constitution;
• assist people within state institutions to respect, promote, protect and fulfil constitutionally entrenched rights;
• empower people to know their rights and assert them; and,
• monitor trends in the SADC region that could impact on South Africa.

2. We have monitored taxi violence in Gauteng, political killings in KwaZulu-Natal and other killings in Majola, Qumbu & Tsolo in the Eastern Cape. Our research shows that firearms play a major part in these crimes. Firearms are potentially lethal especially in a climate of unresolved conflict as in the transport industry and the competition for political territory. Our view is that the present Firearms Control Bill goes some way in providing a framework for the effective control of firearms.
3. The honorable Committee has been informed of a 1998 United Nations survey of 69 countries that places South Africa second to Columbia in firearm related homicides in the world, viz. 26.63 per 100 000 people. The study also rates South Africa third behind Jamaica and Argentina according to the number of licensed firearms stolen or lost per year. In his report to Parliament, 18 March 1999, the Minister of Safety and Security indicated that 80 licensed firearms were stolen or lost per day. Less than seven percent of these are recovered. The Human Rights Committee supports measures to limit and / or control the use and circulation of firearms in South Africa. HRC therefore supports the aim of the Firearms Control Bill [B34-2000] (hereafter the Bill) and asks the Committee to pay due consideration to submissions supporting effective firearm control, including our own.

1. The Bill is a move by Government in fulfilling its constitutional obligation to respect, protect and promote the rights to inherent dignity, life, freedom and security of the person. The Bill also gives effect to the National Action Plan for the Promotion and Protection of Human Rights, December 1998, by curtailing the power of private people to kill one another. From this perspective we support the mandatory competency certificate provided for in Chapters 4 & 5 (clauses 3, 8(2), & 11), as well as the limitation on the number of firearms any one person may possess and the periodic licensing of firearms provided for in Chapter 6. The HRC support bona fide efforts of the Government to eradicate and / or restrict the flow of guns in South Africa. In this context we support clause 142 relating to the granting of amnesty. We also support clause 143 relating to the creation of firearm free zones, and clause 144 relating to emergency provisions. Although the wording of these provisions is not without difficulty, we believe that the Bill is one measure aimed at addressing the culture of gun violence in South Africa.
2. HRC supports the provision in clause 106(2) & (3) - that a court must declare a person unfit to possess a firearm when convicting a person of certain offences. We urge the Committee to consider proper monitoring of the implementation of this section including:

• adequate training of judicial officials to familiarize the judiciary (including lower courts) with the Bill;
• adequate training to administrative personnel to record all findings in terms of this section; and,
• adequate resource allocation to support the above training and record keeping.

1. The HRC is concerned about the apparent inconsistency between clauses 105 - Declaration by registrar of person to be unfit to possess firearm - and 106 - Declaration by court of person to be unfit to possess firearm. Clause 105(1) allows the Registrar / National Commissioner of Police to declare a person unfit to possess a firearm. In terms of clause 105(4) such person has thirty days to surrender all firearms, ammunition and related documents to a Designated Firearms Officer. Clause 106(1) compels a court to declare a person unfit to possess a firearm under certain circumstances and such declaration is subject to different measures. In terms of clause 106(5) a court’s declaration to that effect "must be accompanied by a court order for the immediate search for and seizure of" all firearms, ammunition and related documents (our emphasis). We are convinced that clauses 105(4) and 106(5) have the same objective in mind, namely to prevent possession of firearms by persons not fit in terms of the law. Firstly we submit that the Registrar should be compelled to declare a person unfit to posses a firearm in terms of clause 105(1). [In this regard the appropriate word to use in clause 105(1) is must as opposed to may - struck through to indicate our intent.] We further submit to you that the appropriate part of clause 105(4) should be framed as follows (our submission is underlined and we provide three alternatives for your consideration):

"When the Registrar declares a person unfit to possess a firearm in terms of this section, such person must within 30 days as soon as reasonably possible / within a reasonable time determined by the Registrar / forthwith surrender to the Designated Firearms Officer – …"

Our submission finds support in the Bill. Clause 107 - Effect of declaration [of person to be unfit to possess firearm] - subclause 2 provides that a person declared unfit in terms of sections 105 or 106, "must within 24 hours surrender to the nearest police station" all firearms, ammunition and related documents. We trust that the Committee will investigate whether these sections should be reconciliated in order to provide clear guidelines as to the effect of a declaration of person to be unfit to possess firearm.

The Bill answers the question of control over the power of the Registrar to effectively revoke a competency certificate and a license in terms of section 105. The decision of the Registrar is subject to a right of appeal by the affected person in terms of clause 136. The affected person further retains the right to approach a court or other independent judicial authority for a review of the decision (section 34 of the Constitution).

2. We thank you for this opportunity to make a submission and trust in your judgement to lead South Africa into a safer millenium.

Submission drafted by: Frankie Jenkins, Human Rights Committee: Researcher (Legislation)