Oral comments by Katharine McKenzie on the Firearms Control Bill

14 August 2000

Chairperson and honourable members

Thank you for giving me this opportunity to address you on the provisions of the Firearms Control Bill.

May I commend you for the transparent and democratic way in which you have gone about considering the Firearms and Control Bill, and indeed for all your efforts to make our country a safer place for all its residents.

My brief submission will focus on:
the Firearms Control Bill as an important contribution to better regional security, and some of the more technical aspects of the Bill which I believe require your attention.

Only last week heads of state and government ministers from around the Southern African Development Community gathered in Windhoek to consider ways of hastening the process of regional integration that is underway in southern Africa.

The provisions of a free trade agreement which will lead to a free trade area and ultimately a common market are already being implemented, and proposals to strengthen the SADC secretariat and create a larger administration for the structure are likely to take place in the near future.

The vision of the SADC region as powerful and united in its efforts to improve the lives of the citizens of southern Africa is increasingly becoming a reality. A reality which many argue must be achieved if we -- that is South Africa and our neighbours -- are not to become more and more marginalised in the competitive global economy which is increasingly characterised by powerful trading blocs like the EU.

This may seem a little removed from the immediate issues that concern you, honourable members, but I believe that the success of the Firearms Control Act is closely linked to the recognition that our destiny as a country is intimately tied to that of our neighbours.

The implementation of this Bill provides an opportunity to give concrete effect to the vision of an African renaissance by contributing to disarmament and peace building in the southern African region.

At the same time I believe we have a lot to learn from other developing countries and here we have a chance to draw on the policy experience of our neighbours, instead of looking always to the developed world for its blueprints.

Last year I had the privilege of travelling to a number of SADC countries to find out first hand about the policies and laws that are in place in the region to reduce the proliferation of legal and illegal guns.

My research comprised a preliminary investigation and showed very strongly the need for a regional approach to security, including the need to bring about some convergence in the different laws in the region governing private gun ownership.

Chairperson and honourable members, I don’t have to tell you what the impact of South Africa’s more than 4,1 million licenced firearms, in civilian hands, means in the SADC region. Ours is a region characterised by porous borders and fairly large-scale movements of people and goods. While much of this movement is legal be this for trade, tourism, economic opportunities or jobs – much of it is also illegal.

There is considerable evidence to show that guns cross borders in Southern Africa both legally and illegally. And that many of these emanate from South Africa. South Africa is a major supplier of legal weapons to individuals in Lesotho and Mozambique, many of whom travel to South Africa to buy a firearm, as they are not sold in these countries. And in Malawi, many weapons confiscated by the police are manufactured in South Africa.

Norman Moleboge, Botswana’s Commissioner of Police, believes that South Africa’s permissive stance on gun licensing may explain why gun crime is so high here. He also believes that guns crossing from South Africa are bringing about an increase in gun crime in Botswana, and impact negatively on the region.

He told me that he personally believes that the existing gun control legislation in South Africa creates very real problems for his police service – which incidentally is a police service where the majority of uniformed police personnel do not carry firearms.

The Botswanan government also confiscates hordes of firearms from South African’s crossing the border, many of these are tourists who have little respect for Botswana’s sovereignty when they attempt to smuggle in their side arms.

Honourable members, I am sure that you have studied the approach to gun control which Botswana has adopted.

Botswana has implemented a total ban on the issuing of handgun licences. And it limits licences for hunting rifles and shotguns to 400 per annum, but does not allow the safari industry and farmers to make representation for additional licences.

The ban means that police resources in that developing country do not have to be diverted to manage large scale civilian gun ownership. This leaves the police to get on with their core responsibilities.

This also has a real impact on crime statistics. Preliminary police statistics for 1998 show that only 11 armed robberies were reported that year. I interpret that as a direct result of efficient policing as well effective control over civilian access to firearms.

In the same period there were 69 501 robberies committed with firearms in South Africa. Of course one cannot make a neat comparison between the countries as South Africa’s population is considerably bigger than that of Botswana, but I think you get the picture.

I can tell you that as a woman travelling alone I felt a lot safer in that largely gun free country than I do in South Africa where guns and a violent culture affect us all. And I think these kinds of perceptions have a very real impact on something like the tourism industry which is becoming a more and more import pillar of our economy and that of the region.

South Africans have more legal firearms than any of their SADC neighbours and there is considerable evidence to show that gun and other crime in countries like Botswana, Zambia and Tanzania is considerably less than in wealthier, better-resourced South Africa.

In Zambia, despite widespread poverty and unemployment, the murder rate stands at just over 13 per 100 000 members of the population. Figures compiled by the Institute for Security Studies in 1998 show that in contrast South Africa’s murder rate is 64.6 per 100 000 people -- with handguns being the murder weapon of choice.

The Zambian Firearms Act requires that firearm licences be renewed every three years. This is more onerous than the Firearms Control Bill before you that requires that `self-defence firearms’ licences be renewed only every five years.

In other SADC countries the notion that possessing a gun is a privilege -- not a right -- is driven home by the requirement that licences be renewed on a regular basis.

In Lesotho, Swaziland and Malawi the laws state that firearm licences must be renewed every single year. In Mozambique licences must be renewed every two years and in Zimbabwe renewal is every three years.

By investing in the administration needed to manage regular renewals the dividend for government and the police is an accurate database of gun-wielders.

In a country like South Africa where 30-plus people are shot dead daily, I would urge you, honourable members, to consider bringing the requirement to renew licences regularly in line with other countries in the region. If a vehicle licence must be renewed on an annual basis why can’t the same apply to the much more serious responsibility of owning a gun?

Fingerprints
The Firearms Control Bill as it stands now does not match the more rigorous approach adopted by some of our immediate neighbours.

Section 8(1)(a) does not make it compulsory for an applicant for a competency certificate or licence to supply a set of fingerprints. This is left to the discretion of the Registrar.

I feel it should be compulsory to supply fingerprints and these should all be screened to safeguard citizens from the possibility of criminals being issued with licences. In Namibia and Mozambique this is standard procedure.

I was surprised to learn that the thumb print that exists on gun licences in South Africa at present is not actually the thumb print of the licence holder, but an illustration of a thumbprint and exactly the same print appears on every card licence.

Gun control in the region
In important respects the countries that share borders to the north with South Africa all have tougher approaches to the issuing of gun licences than South Africa. In Mozambique, for example, the legacy of the civil war has brought with it an aversion to civilian gun ownership.

There hand guns may not exceed 6.67mm in calibre. The Assistant Police Commissioner Miguel dos Santos remarked to me that the legal proliferation of 9mm handguns in South Africa could be likened to war time.

I have pointed to only some of the stricter measures that exist in our neighbouring countries to control the proliferation of guns. As the largest economy and the most powerful member of the Southern African Development Community I would urge you to ensure that our law makes a positive contribution to peace in the region and does not contribute to its erosion.

There is considerable evidence to show that the proliferation of guns in this country spills over into other parts of the region. There is strong evidence to show that in other parts of the world too where countries and states share borders with an area with lax laws, guns used to commit crime are often acquired there.

Section 2: technical comments

The Designated Firearms Officer
While welcoming the creation of a position dedicated to ensuring the integrity of the issuing of competency certificates, the Designated Firearms Officer (DFO) referred to in s11 is not defined clearly. In addition there is no precise definition of "the area in which the person resides". Does this mean a DFO is based at every local police station?

It is important that the law creates checks to ensure that this individual is not intimidated or bribed by applicants, as they will play an important role in screening out applicants who do not qualify for a competency certificate.

The Firearms Control Act, when completed, should be one of the tools which government has at its disposal to manage the culture of violence which makes South Africa one of the most dangerous tourist destinations in the world.

Regulations
It appears as though much of the content of the Bill has been left for the Regulations. This implies that public servants will make important policy decisions not parliamentarians elected by the people.

Section 150, which sets out the list of things to be covered in the regulations is considerable. This could therefore take a long time to draft thus delaying promulgation of the legislation.

It is recommended that all matters substantive be included in the law itself. Technical matters like the cost of applying for a licence should be included in the regulations. The portfolio committee should oversee the drafting of the regulations and ensure that this is done speedily so as not to delay promulgation of the Act.

Drafting style
As a lay person and not a lawyer I found the Act quite difficult to read and understand. There is a lot of cross-referencing between sections and to understand the full implications of the Bill, readers must also have the Criminal Procedure Act, the South African Police Service Act and the Defence Act. Perhaps the portfolio committee could consider including the relevant definitions in the Bill itself or in a schedule?

It is important that the final Act be drafted in English that is as plain as possible bearing in mind that busy members of the Police Service will have to ensure that the law is implemented.

Oversight
Finally, chairperson and honourable members, there seems to be no oversight role for Parliament in the Act. Given the national importance of effective gun control this seems an omission. As a citizen I would sleep better at night knowing that you honourable members, elected to represent the people were actively engaged in the monitoring of civilian gun ownership.

Parliament could also play a role in the appointment of the head of the Central Firearms Register and the Appeal Board. Also the Registrar/Commissioner could be required to report to Parliament on regular basis concerning the management of civilian-owned firearms.