SAGA PRESENTATION

1.1 Saga is a non profit trust with approximately 35 000 members made up of individual, corporate (such as companies), family, life and junior members.

1.2 Saga was formed in 1984 with the objective of lobbying Government in respect of pro-firearm interests and constructively engaging Government concerning firearm issues.

1.3 Saga was instrumental in lobbying Government for the removal of the racial provisions relating to firearms ownership in the Arms and Ammunitions Act of 1969 and presently has members from all race groups and has members in all 9 provinces in South Africa.

1.4 Saga believes in reasonable firearm regulation in the sense that firearms should be registered but the emphasis should be based on the responsibility of the person who owns a firearm, as opposed to the firearms itself.

1.5 Saga believes that firearm ownership is and always has been a qualified right. None the less it remains a right and in this regard see the legal analysis of attorney Pierre van der Walt attached as annexure "A".

1.6 Firearm ownership has always been allowed in South Africa subject to various levels of regulation. The right is qualified in the sense that all persons who are not addicted to drugs or alcohol, who are of a stable mental condition and who are not inclined to violence have a right to apply for a firearm licence of any type, and should be issued such licence. See annexure "A" attached.

1.7 Upon being granted the licence i.e. upon being approved by the state to possess a firearm the granting of the licence constitutes a right to own a firearm and can only be removed from an individual if that individual's circumstances change.

2.1 Insufficient research has been conducted in South Africa into the use and abuse of licenced firearms. The Firearms Control Bill is incredibly wide in its ambit and has been drafted from an ideological point of view as opposed to being based on fact and reality. It is common cause that statistics for data in South Africa are suspect to say the least, and that such statistics do not identify social, economic, demographic and racial factors affecting crime and their relationship to violence and firearms in South Africa.

2.2 If one refers to the Firearms Fact Booklet produced by Rob Chetty from the Secretariat for Safety and Security the following is apparent:-

2.2.1 That original statistical data is incomplete and inaccurate;

2.2.2 That nonetheless licenced firearm owners commit "statistically insignificant" amounts of crime amounting to approximately 0,5% per annum;

2.2.3 According to the latest statistics approximately 30 000 firearms were stolen in 1998 and in the same period 22 000 were recovered and only 500 licenced firearm owners were convicted for negligently losing their firearms.

2.2.4 Significantly, as a result of operation Crack Down nation wide, which enforces existing statutes and focuses on called policing functions, serious crime has dropped with 17% - source Dr. Chris de Kock.

2.3 Firearms ownership amongst the historically disadvantaged groups is increasing at a rate in excess of whites whose rate of firearm ownership has stabilized in the past six years.

2.4 According to the Medical Research Council and Dr Chris de Kock of Central Statistics drugs and alcohol, in combination with organised crime are one of the primary reasons for crime in South Africa and not firearms as in approximately 65% of examples of crime, drugs or alcohol are present.

2.5 Social engineering in the form of the Firearms Control Bill therefore cannot be achieved by merely examining statistics which are fundamentally flawed. Further research needs to be conducted into the factors mentioned above utilising social scientists to determine trends in society and the reasons therefore.

3.1 Saga aligns itself with the presentation made by the National Firearms Forum in respect of the technical deficiencies in the drafting of the Bill.

3.2 Saga has continuously in the past and will continue to offer its technical assistance to the Government and the South African Police Services to amend and upgrade the Bill.

4.1 Legislation that is generally acceptable and will be complied with.

4.2 Implementable legislation.

4.3 Cost effective legislation.

4.4 Legislation that targets criminals as its primary focus; and

4.5 Makes firearm ownership accessible to all responsible citizens.

5.1 R217 000 000,00 has been budgeted for the implementation of the Bill.

5.2 Annexure "B" shows basic cost projections that disprove the R217 000 000,00.

5.3 We believe the Portfolio Committee should ask the SAPS:-

5.3.1 What information technology is going to be used?

5.3.2 How much will it cost?

5.3.3 How many additional staff members at Central Firearms Registry will be needed?

5.3.4 Can it be effectively implemented?

5.3.5 What will the non-compliance or "mistake" ratio be?

6.1 Upgrading the Central Firearms Registry.

6.2 Re-registration of firearms.

6.3 Correction of incorrect data on the Central Firearms database.

6.4 Training competency and safekeeping.

6.5 Possible licensing of individual.

7. SAGA's OBJECTIONS TO THE BILL

7.1 Constitutionality.

7.2 Right to life.

7.3 Right to property.

7.4 Presumptions of guilt.

7.5 Creation of new administrative justice system.

7.6 Lack of transparency.

7.7 Breaches of privacy / rights to search and seize.

7.8 Restrictions on access to court.

7.9 Unintended consequences by making law-abiding citizens unintentionally criminals - see annexure "C" counsel's opinion.

7.10 Economic impact of legislation upon foreign hunters/game farming etc.

7.11 Lost of foreign exchange.

7.12 Unemployment (see report commissioned by Jacques Magiolio, attached to National Firearm Forums presentation.

8.1 Guns kill people by accident - 1998 statistics 6 people.

8.2 Licenced firearm owners commit crime - refer Fact Booklet.

8.3 Criminals obtain firearms from licenced firearm owners.

9.1 Arbitrary limitations on the number of firearms.

9.2 Arbitrary limitations on types of firearms.

9.3 Specific use licencing/classifications for use.

9.4 Re-licencing.

9.5 Creation of alternative justice system.

9.6 Arbitrary limits on reloading components.

9.7 Gun free zones.

9.8 Renewal of licences.

9.9 Forced expropriation of firearms.

9.10 Compensation.

9.11 Exemption of state from the provisions of the Act.

9.12 Lack of regulations.

10.1 Simplify the Bill utilising technical input already provided and to be provided.

10.2 Educational programs relating to:-

10.2.1 The law and the Bill's meaning;

10.2.2 Training and competency for example through schools and churches;

10.2.3 Government initiative to make South African's place greater emphasis on family and social responsibility and that crime cannot pay.

10.2.4 Place emphasis on licencing individual as opposed to the firearm;

10.2.5 Make initial licence difficult to obtain by licencing individual;

10.2.6. and subject to training, safe keeping facilities and a knowledge of the law.

11.

11.1 Implement initiatives to convince firearm owners to support and obey the law.

11.2 Involve the firearm community in promoting the law and compliance.

11.3 Make available to the public police guidelines and procedures to reduce administrative burden on the Firearm Registry for obtaining licences.

11.4 Utilise Eddie Eagle Program for firearm safety from National Rifle Association of America, which has previously been provided to Government.

12. Saga remains committed to cooperating with and assisting Government in formulating reasonable and acceptable legislation.

[Ed. Note: No Annexures included]