SUBMISSION ON THE FIREARM CONTROL BILL
Southern African Catholic Bishops' Conference

1. Introduction
1.1 The Southern African Catholic Bishops' Conference welcomes this opportunity to make a submission to the Committee on this important Bill.

1.2 We would like to support in principle the recommendations made by the Gun Control Alliance, the Child Health Policy Institute, Gunfree South Africa, the South African Council of Churches, Resources Aimed at the Prevention of Child Abuse and Neglect (RAPCAN) and the Coalition for Defence Alternatives. Having said this, we reserve the right to differ on some details.

2. Weapons and the Community
2.1 The end of Apartheid in South Africa has proved that "no problem is so great and the situation so hopeless that it cannot be overcome"1. The problem of crime should thus not be seen as an insurmountable obstacle to lasting peace and stability in South Africa. This does not mean, however, that the road to achieving this will not be hard. It will require both the political will to enact the necessary measures, as well as the co-operation and assistance of society to effect change.

2.2 The current social and economic climate in South Africa lends itself to perpetuating the culture of violence, which in turn was started and perpetuated by decades of colonialism and Apartheid. The breakdown of social values that has resulted, as well as continuing high levels of poverty and the lack of decent education combined with high levels of crime, all contribute to feelings of powerlessness and insecurity. Many people, in the face of this, have turned to weapons to counteract their feelings of insecurity. This, in turn, has lead to gun owners being targeted for their guns and this has further perpetuated the cycle of violence. Added to this has been an increase in the public's exposure to forms of violence in various guises from the mass media, video games and various forms of "entertainment".

2.3 Pope John Paul II considers the issue serious enough that he family at school or at work, or simply when moving about in the local community"6.

2.8 Gun owners need to be more responsible in the use and storage of their weapons to assist in breaking the cycle of insecurity. We would like to see communities and individuals, along with gun owners learning alternative methods of conflict resolution to the use of firearms. We thus welcome those aspects of the Bill that encourage such things.

2.9 Besides addressing our own problems related to firearms, South Africa also needs to be aware of and try to ameliorate the effect that our arms industry has internationally and particularly in Africa. Weapons (including firearms and ammunition) and associated technology from South Africa have been sold to many states, especially in Africa, that have contributed to the escalation of regional and civil conflicts.

3 The Firearms Control Bill:
3.1 The Pope has called for "urgent measures to stop the production and sale of firearms7. We feel that the proposed Firearms Control Bill goes a long way to do this by addressing some of the inadequacies of the present legislation.

3.2 We welcome the following in the Bill:
- The introduction of minimum standards for firearm owners to meet before they take possession of a weapon;
- The attempt to curb crime through curbing legal access to weapons;
- The attempt to address illicit arms trafficking, although further measures in this area are needed;
- The attempts to increase transparency, accountability and information about the legal sale, registration and movement of firearms in South Africa;
- The attempts to ensure that people applying for gun licences are better educated in the safe use of firearms by insisting that they have knowledge of both the weapons they intend to buy and safe gun practices;
- The inclusion of references to the Domestic Violence Act to attempt to reduce the number of firearm related domestic disturbances;
- The proposed overhaul of the central firearm register;
- The provision for the Minister to declare gun-free zones; and
- The harsh penalties for non-compliance with the Bill or breaking the law, as long as the punishment is proportional to the crime and preserves the dignity and rights of the accused.

3.3 Changes between the December 1999 Draft Bill and the May 2000 Draft Bill
3.3.1 A number of changes have been made to the current draft of the Bill that we would like to note. The State Law Advisors need to be praised for their work in clarifying certain provisions of the Bill that were previously ambiguous.

3.3.2 Guns used for self-defence
The new draft bill proposes that one handgun and one shotgun be licensed for self-defence purposes. We would strongly oppose this change. Shotgun injuries comprise the second largest number of fatal injuries after handguns8. The community is further placed at risk in highly densely populated areas where shotguns are more readily available. It would thus defeat the purpose of the Bill to allow for such an extension to be made.

3.3.3 Grounds of Unfitness
The December 1999 Draft Bill proposed that the Registrar may declare someone unfit to possess a firearm if that person "has expressed the intention to kill or injure him- or herself or any other person by any means". The new Draft has been changed to "by means of a firearm". We strongly object to this change. Anyone who has expressed an intention to kill or endanger themselves or another person should be declared unfit to possess a firearm since they are potentially a threat not only to themselves, but also the community at large.

3.4 There are a number of areas in the Bill we would wish to highlight:
3.4.1 Greater control over State-owned weapons
We strongly welcome all attempts by the government to create greater control over state-owned weapons, especially in the light of recent reports over irregularities concerning duplicate identification numbers of state-owned weapons. We would like to propose that the permits required of state personnel to use weapons include the minimum requirements for a competency certificate as outlined in section 11 of the draft Bill.

3.4.2 Strict Competency Testing (S 11):
We welcome the introduction of a rigorous and compulsory testing system that will help to promote responsible and educated gun owners. While the test comprises both theoretical knowledge of guns, functioning of the firearm, and knowledge of laws relating to the use and storage of firearms and ammunition, we would like to encourage the promotion of non-violent means of conflict resolution as opposed to the use of firearms. We would like to suggest that applicants undergo training in non-violent conflict resolution.

We also feel that it is necessary to ascertain that licences are being granted for bona fide self-defence purposes and not for social status and standing within the community.

3.4.3 Lending of Firearms (S123, (6) (a&b) and 130 (11) (a))
We are pleased to note that the lending of firearms has been prohibited by the Bill so that the only people who may borrow guns for self-defence are those who already hold valid licences for such a firearm.

4 Proposed Changes:
4.1 Our basic premise is that firearms should only be available to those who can show an extraordinary need and a high level of responsibility in handling them. It can never only be a question of what is in the interest of the firearm owner, but more specifically what is in the interests of the broader community. Hence the Holy Father's linking it to a culture of human rights and peace building in communities.

4.1.1 Licences
(i) Fees
Due to the high social and economic cost of gun ownership in South Africa it is felt that ordinary citizens and taxpayers ought not to subsidise the privileges of others. In the same way that car owners have to pay high prices for the renewing licences annually, gun owners should be expected to do the same. The licences should be used to pay for the administrative costs associated with firearms control.

We feel that at least a small proportion of the firearms fees should go to offset the expenses incurred by the state as a result of gun violence. Monies that could be spent on social and economic development are currently being diverted to the victims of firearm-related violence and accidents. This needs to be addressed.

(ii) Annual Renewal of Firearm Licences (S 30)
For this Bill to be effective it will thus be necessary not only to set licence fees fairly high, but to also make the licences themselves renewable more often than has been proposed.

We propose no changes to the period of validity of licences for firearms being used for hunting, sports shooting, private collections and public collections (dealt with in S 30).

In order for there to be closer control and monitoring of legal firearms, we propose that firearms licensed for restricted firearms, self-defence and business purposes (S 30) be renewed annually.

Annual renewal will help to keep track of who owns guns. Currently thousands of stolen firearms go unreported and are subsequently used by criminals. If gun owners were forced to re-licence their firearms every year, this situation could be more carefully monitored. The renewal process should require presenting the firearm(s) and licence papers at a police station before or on the date that the previous licence expires.

4.1.2 Increasing the Age Limit (S 11 (2) (a))
It is increasingly recognised that youths between 16 and 21 are particularly at risk of firearm violence and abuse, especially, as in the case of South Africa. While many other countries face an increase in youth gun culture, South Africa's youth are particularly at risk because of the legacy of Apartheid9. Not only did Apartheid breed disrespect for human life, but it also perpetuated the use of violence to resolve conflict. While legislatively Apartheid is dead, it will take much longer for the socio-economic and psychological damage to be repaired. Allowing youth easy access to weapons will only exacerbate the problem, not contribute to finding solutions.

It is thus proposed that the age limit for competency be raised to 21 (except for those involved in sporting activities).

4.2.3 Background Screening (S 11 (2) (C))
(i) In the light of the high incidence of domestic violence in South Africa10, the partners of firearm applicants must be informed of this application for a firearm licence. Such notification must also give partners the opportunity to confidentially object to the applicant being issued with a firearm licence.

We also oppose S 105 (3) (b) in which the Registrar is empowered to request any person who has made a statement on the declaration of unfitness of another to appear before him/her. This is not desirable where a victim of abuse may be called upon to publicly testify against an abuser.

(ii) Many sections of the Bill refer to a "fit and proper person", we would ask that the meaning of this phrase be more clearly elucidated. Since the test for this may vary, we propose that the highest standard be applied.

(iii) In determining who a "fit and proper person" is, we would propose that references from faith leaders or responsible members of the applicant's community be included as a requirement. Further consultations should be conducted confidentially and individually with the applicant's immediate family as well as non-family members.

5 Conclusion:
5.1 In order for there to be a meaningful change in society, a great effort will be required by both the government, civil organisations and civil society working together. An important step in this direction will be legislation creating stronger controls over the production and movement of firearms and ammunition, which this Bill proposes to do.

5.2 The current Bill represents a tremendous stride forward from the existing legislation. We would do well to heed the words of the Pope in his World Day of Peace Message for 1999 when he said: "[The] [s]eeds of war are being spread by the massive uncontrolled proliferation of small arms and light weapons which, it seems, are passing freely from one area of conflict to another, increasing violence on the way. Governments must adopt appropriate measures for controlling the production, sale, importation and exportation of these instruments of death. Only in this way will it be possible to deal effectively and completely with the problem of the massive illegal traffic of firearms".

5.3 Much has been said about the financial implications that would accrue from implementing the new Bill. Leaving asides the social and psychological trauma associated with firearm related incidents, the present cost of not having stricter gun control measures is an average of 33 people dying every day -the cost in human terms is currently too high.

For more information, please contact:
Felicity Harrison
Researcher