SUPERIOR ARMS & AMMUNITION

Superior Arms & Ammunition (Pty) Ltd is the holding Company for thirteen retail firearms dealerships and runs a wholesale division where it imports firearms predominantly from the United States of America. Superior Arms and Ammunitions retail outlets trade under the name of E’Gunshop. Our clientele are almost exclusively comprised of people from previously disadvantaged communities and lower income groups, whose need for personal protection should be obvious from their living conditions. Owing to the number of outlets which the company has, as well as the number of units sold through these outlets, Superior Arms is the largest single retailer of small arms in the country. As a result we have acquired an extensive knowledge of the industry, which we submit qualifies us to make this presentation.

In the time at my disposal I am unable to canvass all aspects of the Bill and our detailed submissions in this regard are set out in the folder before you. I would mention that these detailed submissions are substantially the same as the written submissions which we delivered to Mr. L. Phakati on 28th January 2000. I would therefore like to use the time available to me to deal with the proposed legislation in general terms and to highlight certain aspects of the Bill.

Ladies and Gentlemen, If your desire is to bring the entire Central Firearms Register into absolute chaos then approve this Bill.

If you want to dramatically increase the illegal firearms in circulation then approve this Bill.

If you feel nothing for the welfare and security of the black population in general then approve this Bill.

If you have proof that guns equal crime then approve this Bill.

If you believe that it is only the entitlement of the upper class not to live in fear then approve this Bill.

If you have proof that this Bill will stop violent crime then approve it.

If you want the Ministry of Safety and Security to have egg on its face when this Bill is found to be totally unworkable then approve this Bill.

If you do not hold any of the above sentiments then scrap this piece of legislation right away and let us start examining other, meaningful ways of tackling the crime problem in this country such as giving half a billion Rand annually to schooling, housing, welfare or adult education.

If your intention is to set the priorities in this country correctly then let us not waste any more money or time on frivolous legislation such as the Firearms Control Bill 2000.

At the outset I wish to stress most emphatically that my company, and I would go so far as to say all other arms dealers, wholeheartedly supports the government’s initiatives against crime and we will enthusiastically support all constructive moves to bring this scourge which is bedevilling our country under control. We also support responsible gun ownership and would welcome a revision of the existing licencing procedures in order to achieve this , provided these are practical, affordable and enforceable.

Notwithstanding paragraph 3 of THE MEMORANDUM OF OBJECTS OF THE FIREARMS CONTROL BILL, the current bill has been drafted without consultation with dealers and gun owners. Conspicuous by its absence from this paragraph is the name of THE SOUTH AFRICAN ARMS AND AMMUNITION DEALERS ASSOCIATION which is the only representative dealers body. The SOUTH AFRICAN GUN OWNERS ASSOCIATION will no doubt challenge the allegation that they were involved in any meaningful consultations and at least one of the organisations listed, exists in name only and has no meaningful membership. It would appear that any consultation that may have taken place was on a very selective basis. As a result Mr. Chairman, I humbly submit that the proposed legislation is seriously, if not fatally, flawed and if the flaws are not addressed the legislation will eventually be found to be unworkable. To us the sections that appear to be flawed are contained in paragraphs 1 to 14 of our detailed submissions.

The overriding reason for the flaws outlined therein are no doubt as a result of the inherent lack of consultation with relevant experts within the industry. Please note that these are in no means a exhaustive list of all the flaws contained in this Bill, yet they concern our problems with the Bill within the limits of our expertise.

I therefor appeal to you, Ladies and Gentlemen, to refer this bill back for meaningful consultation with ALL interested parties not just those with their own narrow agendas, and I am certain that from such consultation workable legislation will result.

Paragraph 1 of the MEMORANDUM OF OBJECTS avers that the availability of firearms contributes directly to the high level of violent crime in South Africa. This contradicts studies made elsewhere in the world so it would be interesting to examine the statistics upon which the allegation is based. The supposed proliferation of firearms is not supported by statistical fact. The true position is that there has been a steady decline in licences issued year on year since 1994. The following represent the number of firearm licences issued for each year since 1994 according to the Central Firearms Register.

  1. 236033
  2. 150928
  3. 195613
  4. 195389
  5. 183448
  6. 182869

A substantial number of the above licences relate to second hand weapons and, consequently, do not contribute to an increase in the number of firearms in circulation.

I submit that when the Government and its legislators refer to a proliferation of firearms they are alluding to an increase in firearm ownership amongst the black population who up until 1993 were largely precluded from firearm ownership.

Unfortunately, a very large proportion of our population live in less than ideal circumstances where crime is rife and where police protection is but a dream. These are the people who cannot afford high walls, electric fences, burglar bars and armed response security guards. Their cheapest and most effective means of self-defence and protection for themselves and their families is a firearm, notwithstanding the fact that the cost of such a firearm still represents a month’s salary. For this reason, as a general rule, a firearm is only purchased out of dire necessity flowing from a genuine concern for their safety.

The proposed legislation will have a severe impact on these lower income groups, which are made up primarily of previously disadvantaged communities and Government supporters. If the purpose of the Bill is to prevent poor black people from owning firearms, then it will succeed admirably in its present form.

The net result of these cost implications is that only the wealthy and middle class will be able to afford firearms. They will be able to defend themselves against the onslaught of crime, while the vast majority of the population will simply be cannon fodder in the war against crime – a war where battles are not simply won by introducing new laws. It is the experience of the rest of the civilised world that if you over legislate, people merely ignore the regulations. The citizens of this country have proved themselves adept at civil disobedience in the past and there is no reason to suppose that their abilities in this regard have diminished. Fear of retribution does not weigh heavily on the minds of the population, as statistically the risks are minimal. Under current legislation, it is an offence and an illegal act to possess an unlicensed firearm. Nevertheless, despite several amnesties, estimates of unlicensed firearms in circulation vary from half a million to four million, depending on which argument the Government is expounding at the time. According to the latest statistics, the Police manage to recover 8000 illegal weapons per annum. Even if one uses the figure of five hundred thousand illegal firearms, this represents at best a 1,6% recovery rate. This is not a statistic that will spur a large proportion of the unlicensed firearm owners into compliance with the proposed new legislation. There is little point in passing laws in the hopes that criminals will obey them. Only honest people are law abiding. The legislators may feel that they have covered this angle by providing for Draconian penalties but, for a penalty to act as a deterrent there must be a realistic fear of apprehension.

A report compiled by The Standing Committee on Public Safety and Security of The Gauteng Legislature agrees with me. I quote from the final paragraph of its main report:

"This implies that any policy reform pertaining to the legal ownership of firearms must simply be a SMALL component of more comprehensive crime prevention strategies. It is quite plausible that were tighter restrictions applied to legal firearm owners in isolation of wider anti-crime and crime prevention strategies, the continued climate of insecurity would convince many people to retain or acquire firearms outside the provisions of the law. " It is our experience that if you deny access to legally owned firearms or make it too difficult for an individual to own a firearm he or she will purchase one illegally if the need for self preservation against the criminal element is great enough.

It is a fact that the country does not have the resources to adequately police existing legislation. To mention just four examples:

  1. The flagrant disregard of the public for traffic laws. I cannot count the number of times I have seen people driving while talking on a cell phone, despite the prohibition of same being brought into effect on 1 August 2000.
  2. The contempt in which the population hold municipal by-laws regarding littering, loitering and urination in public.
  3. The alarming increase in white collar crime.
  4. The failure to renew television licences.

They simply know that the likelihood of being caught is negligible.

It follows, therefore, that we will be as incapable of enforcing the proposed new Firearms Control Bill 2000 as we are of enforcing the current firearms legislation.

It would appear that decision makers currently rely heavily on the study edited by Robert Chetty entitled FIREARM USE AND DISTRIBUTION IN SOUTH AFRICA. However, statistics are like bikinis. What they reveal is interesting but what they conceal is vital. It is as unremarkable to learn from this publication that firearms are the weapon used in the commission of most of the violent crimes as it would be to discover a statistic which tells us that motor vehicles are the cause of most road accidents. What the publication does tell us however, is that between January 1994 and January 1999 licensed firearms in the hands of the public increased by approximately 33% and violent crime by only approximately 20% in the same period. Hardly a compelling statistic to support the statement in paragraph 1 of the MEMORANDUM OF OBJECTS of this bill that "there is little doubt that the availability of firearms contributes directly to the high level of violent crime in South Africa." One of our major concerns is the presumption that "guns cause crime" has been made extensively in the formulation of this Bill. The legislators have completely ignored extensive research from other countries which completely contradict this presumption.

Mr. Chetty’s treatise goes on to quote the following statistic which would seem to indicate that the possession of a firearm contributes greatly to the PREVENTION of crime, violent or otherwise. In quoting from research conducted by the Human Sciences Research Council, Chetty indicates the following, and I quote: "6% of the sample had personally been a victim during an incident in which a firearm was used in a threatening manner (directly or indirectly), 3%had family who had been victims in firearm incidents, 1% had used a firearm in self defence and 1% had used a firearm to defend their family." As the only 2% of the research sample owned a firearm, then 100% of the respondents in the survey who owned firearms had used them to PREVENT a crime. This is the sort of statistic which is consistent with international experience but which the legislators have chosen to ignore when formulating this Bill. Is it not conceivable that, had the other 9% of the people in the sample also owned a firearm that the statistics for violent crime between 1994 and 1999 would have shown a decrease instead of a 20% increase.

It is also crucial to outline the chaos which exists at the Central Firearms Register(C F R) because it cannot administer the current Arms and Ammunition Act, Act 75 of 1969, as amended. As a leading player in the industry my company knows all too well how this chaos interferes with the licencing process and the integrity of the data kept at the Register. How this information can be used to solve a crime is mind boggling. One may argue that the Firearms Control Bill 2000 will rectify the administrative problems. You may be correct, provided you are prepared to spend the billions of Rand needed to fix the mess. We have set out examples of the numerous problems experienced with record keeping at The Central Firearms Register, the inconsistency in decision making and the problems experienced at police stations around the country in Section B of your folder. I do not want this to be construed as an attack on the C F R, who like all sections of the SAPS are underfunded and consequently understaffed but, it is important for this committee to be aware of the extent of the present shortcomings and how the proposed Bill will quadruple these shortcomings. The proposed Bill, if it is to be effective, relies heavily on the C F R and a police force, who in the words of Minister Steve Tswhete is 66% functionally illiterate, to administer it efficiently. I am certain that those in authority have assured you that with the right amount of funding and a little time all the present shortcomings can be overcome as I’m sure they can. But have they told you the true extent of the problem and the probable real cost involved to put it right? I will deal with the cost aspect later but I can assure this committee that the amounts set aside in terms of paragraph 4 of the MEMORANDUM OF OBJECTS OF THE BILL are a drop in the occean and will do no more than enable the C F R to administer the current legislation in a more efficient manner. It certainly won’t begin to finance the massive computer re engineering which will be required. I understand that the Canadian system is being looked at. This system has to date cost 500 million Canadian dollars and is still not functioning properly.

Dr. Bernie Fanaroff is on record as stating that a firearm licence currently costs the taxpayer R495.00 to issue. I should like to use this figure to draw the committee’s attention to the likely cost of implementing this legislation will be. These costs represent ongoing running cost of administering the Bill and take no account of the cost of re engineering the C F R or the costs involved in setting up and running the necessary infrastructure outside the C F R.

In 1999, approximately 182,000 licences were issued by the Central Firearms Register. Using Dr Fanaroff’s cost of R495.00 per licence, it means that it is costing the taxpayer approximately R90 million per annum to administer the current legislation badly. If the current legislation were to be properly administered this cost would probably double to within the region of R180 million per annum as the C F R is presently doing only half its job. In terms of the proposed legislation, firearm licences would be renewed after periods ranging from between two and ten years, necessitating approximately an additional 400,000 licences to be processed per annum. That is twice the number of licences currently being processed, which will result in a grand total of approximately 600,000 licences to be handled by the Central Firearms Register every year. This alone will necessitate the trebling of the existing facilities for the issue of firearm licences.

The Firearms Control Bill 2000 is far more complicated than existing legislation and this in turn will result in a far greater workload. If one multiplies the estimated current cost of administering existing legislation by 2 to arrive at a cost of doing the job properly and the resultant figure by 3 to cope with treble the volume one arrives at a cost of R540 million per annum, an increase of nearly R500 million over the current costs. This estimate takes no account of the added complexity of the proposed legislation.

Before the proposed legislation is given further consideration, perhaps it would be advisable to ascertain from Cabinet and the Department of Finance as to whether funding for this ambitious legislation is available and to carefully consider whether such funding could not be more beneficially spent on strengthening the police force to enable it to properly enforce existing legislation, or to fund more effectual crime prevention strategies. We submit that this will have a far more positive effect in reducing crime. It should be noted that during the All Africa Games, when there was a high police presence, crime in Alexandra virtually disappeared and crime in suburbs such as Kew, Highlands North, Orange Grove, Sydenham and Lombardy East dropped by 40%.

The writers of the Firearms Control Bill 2000 will have you believe that the Bill is not aimed at disarming the citizenry. You will still be allowed to own one hand gun and one shot gun for self defense. Therefore, their argument is plausible (I suppose) However, what they have failed to tell every-one is that once the regulations for this Bill are written, owning a firearm will cost substantially more that it does today which will put the prospect of owning a firearm out of the reach of the vast majority of our population. If this is indeed the aim of Government, then allow me to propose that the Government simply does not want the citizenry to be armed, as governing a disarmed nation provides no violent threat to that Government.

The Firearms Control Bill 2000 is putting the cart before the horse. It seeks to control the illegal gun market by controlling the legal gun population, Section (1) of the Memorandum of Objects attests to this fact. This seems absurd when the Police Services cannot even quantify the size of the illegal gun market. No one is able to provide sufficient detail as to the influx of illegal weapons from across our borders.

If illegal weapons are the problem then why base virtually the entire Firearms Control Bill 2000 around the control of legal gun ownership. In essence, Ladies and Gentlemen, we do not have enough facts. If you do not know where you are going, any road will take you there. We propose we quantify the problems at hand and then act accordingly. This will require a complete revision of the Firearms Control Bill 2000.

As a document which seeks to arrive at a specific objective the Firearms Control Bill 2000 does not achieve this in any form whatsoever. In essence it is too confusing in every form and manner, it contradicts itself in a number of clauses and sections.

In terms of a legal document the Firearms Control Bill is not only sloppily written, but is also a completely rushed job which has not taken into account any form of industry participation whatsoever. This is patently obvious due to the entire unworkability of the Act given the industry structure as it stands. If anybody had bothered to listen to the industry they would not have written something that is clearly unworkable.

Other than seeking to provide the police with additional powers of search and seizure, the Bill gives them no more powers than they have under current legislation. Unfortunately search and seizure powers, which apart from a system of rewards to informants is the only effective way of locating illegal arms, infringe on constitutional rights.

Mr. Chairman, ladies and gentlemen of this committee, I assure you that this legislation, in its current form, will not contribute to fighting crime in this country whatsoever.

It is the overriding opinion of my company that this entire Bill should be scrapped and, if necessary, be revisited with in-depth consultation with the industry. We do not believe that you, the Members of the Portfolio Committee of Safety and Security, will be able to rectify the inherent flaws and unworkability of the Bill. Not because we question your ability, but simply because no one will be able to get this Bill into a workable state with the current objectives standing as they are.

Mr. Chairman, ladies and gentlemen of this committee, I assure you that this legislation , in its current form will:

 

We thank you again for the opportunity to address you


SECTION A - DETAILED SUBMISSIONS ON THE FIREARMS CONTROL BILL 2000

We have confined our presentation to matters that fall within our direct field of expertise. Our failure to comment on sections of the Bill, such as those which deal with Sportsmen, Hunters and the like and on the Legal ramifications of the proposed Legislation, must not be construed as our tacit agreement therewith.

At the outset may we voice our vehement objection to the manner in which the Firearms Control Bill 2000 has been processed and administrated up to this point. The process has not been in keeping with the spirit of transparency and democracy. The legislators pride themselves in suggesting that it has consulted with all role players in the industry. A few brief meetings with role players does not adequately get to grips with the complex issue of firearms and the workings of the industry as a whole. We hereby voice our objection to the process.

In addition, we believe that the basis of the Firearms Control Bill 2000 is statistically flawed and all statistics which have supposedly formed the backbone of the rationale for drawing up this Bill have not been made available for scrutiny. We understand that the statistics on which the drafters have relied are contained in the study edited by Robert Chetty entitled FIREARM USE AND DISTRIBUTION IN SOUTH AFRICA. We have not had sight of the raw data used in the compilation of these statistics but, would like to point out errors in the only two statistics of which we have first hand knowledge. The table on page 38 shows 107920 Lorcin pistols licenced in 1997, 18750, in1998 and10952 for 11 months of 1999. These figures are most certainly incorrect. We were the sole importers of Lorcin pistols and from 1995 through 1999 imported vastly fewer than those represented in this table. The table on page 33 shows 397146 firearms licenced to dealers. This is clearly nonsense as it represents two years stock. However when one makes allowance for the fact that dealer returns of stock sold have not been entered since 1998 one can see how the error occurred. As two out of two is not a bad average there must be a question mark over the accuracy of the publication as a whole. We question whether there are any reliable facts to warrant the adoption of this Bill.

We also object emphatically to the fact that the Bill does not address the finer detail regarding many of the sections contained therein. It relies on regulations which will be drawn up after the promulgation of the Bill and could drastically alter the contents thereof. We wish to remind the committee about the drug legislation which was promulgated without regulations and due to the delay in drafting the regulations, certain illegal drugs suddenly became legal. We need to draw your attention to two critical issues. These are as follows:-

  1. This is not like the Tobacco Act when nothing or very little was in place prior to its enactment. Therefore, unlike the firearms industry, no currently operating system had to come to a grinding halt prior to the regulations being written. For example, if this Bill is enacted tomorrow, the applicant for a Firearm Licence would require a competency certificate to be issued. No one at Central Firearms Register will know what prescription is set down for the issuing of such a certificate. The processing officer will lay down his or her own rules, thus opening the floodgates of corruption which is already a cancer which is not being controlled in the Police Services. I have to ask the legislators how they propose ridding corruption out of the processes which will be regulated after enactment of this Bill. I only need to draw your attention to the corruption surrounding Vehicle Licencing Departments. Certainly, the existing Act may have some flaws and loopholes in it, or insufficient penalties for illegal firearm ownership but, trying to enact a new Bill which does not have all the regulations proposed therein is like breaking down a dam wall which is leaking, prior to the new wall being erected. Regulations must be formulated through in depth consultation with the industry.
  2. We submit that the regulations to the Bill have not been written because no one is clear as to what they should be and it is our contention that when an attempt is made to frame the regulations the unworkability of the Bill will become glaringly apparent.

Meanwhile, it is completely unacceptable the amount of sweeping powers that have been provided to the State, the Registrar and the Police under this Firearms Control Bill 2000. It does not make sense as mentioned previously, that the legislators would choose to write such complex legislation yet allow themselves an escape clause at every turn, whereby they can just override everything that has preceded. This does not give the industry any form of security and does not allow for an open and transparent democracy to prevail. It also appears that this legislation has been hastily constructed and that is why so many loopholes are required for the legislators to fall back on just in case they are wrong. The result of allowing the Registrar unfettered powers is that you get individuals applying the law according to their own interpretation thereof, not to mention corruption.

Our detailed submissions now follow :-

  1. Section 6 & 7 - In terms of Section (5) 1 e & f Antique firearms and Airguns other than a specifically dangerous airgun are not firearms for the purposes of this Bill. If they are not firearms for the purposes of this Bill, why does the Bill seek to regulate them and what is the effect of this section? The proposed legislation might just as well deal with axes, knives, clubs, bows and arrows etc.
  2. Section 15 (2) (a) & (b) - What is the purpose of applying for a competency certificate and incurring the expense of training and safe keeping equipment if the Registrar in his sole and absolute discretion can decide that there is insufficient reason for a person to possess a firearm for self defence? It is common cause that every citizen of this country’s life is constantly in danger from hi-jacking and attack and it flows from this that everyone needs some means of self-defence. If a person is attacked by more than one criminal at a time, as is almost invariably the case, what other means of defence do the legislators suggest? This is not a discretion which the Registrar should have.
  3. Section 15 (4) (a) & (b) - In terms of Section 15 (1) (a) a shotgun is a weapon which is designated for self-defence. In Terms of Section 15 (4) (a) + (b) such weapon may only be used on premises of an accredited shooting range and in accordance with the rules of that shooting range and for purposes of self-defence. This means that if a person has a licence for a shotgun for self-defence and he visits a friend on a farm and during the journey carries his self-defence shotgun with him, he cannot use the shotgun to shoot any Guinea Fowl or partridge on his friends farm. Surely this is not the intention of the legislators?
  4. Similarly, in terms of Section 17 (4) (a) (b) & (c) if a person possess a shotgun which is licenced for occasional sports shooting, and on his way home from the shoot he is attacked, he is unable to utilise this weapon for self-defence purposes. Surely this is not the intention of the legislators?
  5. The problems referred to regarding shotguns for self defence and occasional hunting can be easily dealt with if 15 (4) (c) were to be inserted into the occasional hunting section and paragraph 17 (4) (a) were to be inserted into the self defence section, both as additional sections. This would eliminate any form of confusion.
  6. Section 42 (4) – Surely a copy or certified copy of a dealers licence will suffice having regard to the fact that a dealer may have more than one licenced premises and may wish to keep his licences at a central point for safety. From time to time it is also necessary to surrender the original licence to the Central Firearms Register for additions and deletions of personnel.
  7. Section 44 – It is against the normal principals of justice that a dealer could have his licence suspended without a hearing. It should not be up to the Registrar and every Tom, Dick and Harry to decide whether or not the dealer has breached the provisions of this Bill and there is no necessity to circumvent the normal processes of the law.
  8. Section 45 (4) (a)– 60 days is insufficient time to dispose of a dealers stock. The question is also raised as to what is meant by "disposed of"? Can the dealer dispose of the stock to the general public in the normal course of trading or must he dispose of the stock to a fellow dealer? Presumably, if a dealers licence is cancelled he may not deal in Arms and Ammunition so how is the stock to be disposed of?
  9. Section 77 (1) - Presumably, although it is not clear on this point, this section refers also to the importation of firearms and ammunition by dealers? If this is indeed the case, then in view of the fact that the dealer already holds a valid dealers licence to deal in arms and ammunition and is in possession of an import permit issued by the Department of Trade and Industry, he already qualifies as a fit and proper person and the Registrar should be obliged to issue the permit provided that he is satisfied that the type of arms and ammunition being imported are not prohibited in terms of this legislation.
  10. Section 80 (1) – This clearly applies to individuals and not dealers and should state so. For example, if the conditions in this section apply to dealers then the dealer importing a particular batch of weapons has certain time frame in which to dispose of the weapons to the market place. What would happen in the event that a dealer could not dispose of such weapons to the market place? Would the state purchase these from him at a market value
  11. Section 94 (1) &(2) - Both these sections refer to the holder of a firearm licence. Under the circumstances, it would appear that even dealers are not entitled to possess more than 200 cartridges for each firearm which they stock and have a limitation placed on the amount of ammunition which they can purchase in any twelve month period. This position needs to be clarified and written correctly so that no ambiguity exists.
  12. Section 2(A) proposes that the Bill would enhance the constitutional rights to life and bodily integrity. How it proposes to achieve this is questionable given the fact that I have already mentioned that it will achieve exactly the opposite. Legislators must prove how they propose enhancing the right to life and bodily integrity when the Bill seeks to preclude poorer people from legitimately defending themselves and their families.
  13. Section 2 (B) - As crimes involved with firearms are committed almost exclusively by persons in possession of unlicenced firearms, and as the legislation is aimed at licenced firearm owners it is difficult to see how this legislation will prevent crime involving the use of firearms. It is already a crime to possess an unlicenced firearm and criminals are by definition contemptuous of legislation.
  14. Section 2 (c) – The Police are currently unable to prevent the proliferation of illegally possessed firearms, notwithstanding the fact that they have every power so to do in terms of current legislation. The proposed legislation will not achieve this purpose but it will certainly improve the control over legal firearms.
  15. Section 4(1)F – This prohibits children’s toys and renders any innocent person with young children liable to prosecution and imprisonment of 25 years. As the man in the street will generally not be aware of the proposed legislation, practically every citizen of the country will be at risk.
  16. Section 4 (3) A – It is illogical to list prohibited firearms in great detail including plastic toys and then to give the Minister unfettered powers to declare any firearm a prohibited firearm. Such powers are unacceptable. In addition, are the legislators basically saying they are not sure of what they have written and they are putting in an escape clause should they be incorrect or have missed something out. This does not bode well for good legislation making.
  17. Section 8 (1) – If the proposed legislation is enacted in its current form, the applicant for a licence, permit or authorisation, will be involved in considerable expense before he submits his application. In view of this, the Registrar should be obliged to issue the relevant competency certificate or licence if the applicant has complied with the provisions of the Act.
  18. Section 8 (2) - In terms of Section 35 (2) a man or woman who applies for a dealers licence must hold a competency certificate to deal in firearms and ammunition. In terms of Section 38 (3) – no application for renewal of a dealers licence may be granted unless the applicant satisfies the Registrar that he or she continues to comply with the requirements for the licence in the terms of this Bill. In terms of the proposed Section 8 (2), a Licence may not be issued to a person who is not in possession of the appropriate competency certificate, which certificate will be valid for a period of two years from its date of issue in terms of Section 12 (2). The aforementioned Sections read together would seem to indicate that a dealer will be required to renew his competency certificate every two years, as will every partner or director of companies and partnerships. Surely this is not the intention of the legislation and if not, it should be clarified.
  19. Section 11 - Here again the phrase "the Registrar may" is used. Surely if all regulations and the law have been complied with there is no necessity to allow the Registrar discretionary powers? Many objections to the proposed legislation would be removed if instead of the word "may" being used, the word "shall" were used. It just appears that legislators are using an out or an escape clause just in case they may have missed something, in which case, the perception exists that this piece of legislation is a rushed job.
  20. Section 11 (2) (c) & (d) – How is the Registrar supposed to know whether or not an individual is inclined to violent behaviour or is mentally unfit? Will a doctor’s certificate be required with additional cost implications? The Commissioners current practice of talking to neighbours about the status of an applicant is absolutely unacceptable and infringes on the right to privacy.
  21. Section 11 (2) (n) – Surely it is the intention of the legislators that an applicant for a competency certificate should only be required to know the relevant portion of the Law applicable to the licence for which he is applying, as is the case when applying for a drivers licence? It is obviously not necessary for a person applying for a collectors licence to know the intricate details of possessing a dealers licence. If this is the intention of the legislation then the section requires amendment. If it is the intention of legislators, then the section constitutes a blatant discrimination against a large section of our population and would accordingly be in breach of Section (9) of our Constitution.This section would be discriminatory, even if amended, if the Act is not available in all eleven official languages. The question also arises as to who will conduct the test and in what language? Another question arises insofar as how do we treat illiterate or semi-literate persons? Do you blatantly discriminate against them for the possession of a firearm as they cannot comply with Act? The opportunities for corruption in this section must not be overlooked. They are vast and current practices in the industry attest to that fact.
  22. Section 11 (2) (o) – Who will conduct the practical tests? The current practice whereby Constables conduct the practical handling test with their service Z88 pistol, irrespective of the weapon for which the applicant is applying for a licence, is unacceptable. The applicant clearly cannot carry the weapon he wishes to purchase as he will not have a licence for it. The question as to where and by whom his test will be conducted is, therefore, of great importance.
  23. Section 11 (2) (a) through (q) - The person handing in his application and undergoing any test must be entitled to be accompanied by a representative of his choice to eliminate the opportunity for bribery and corruption.
  24. Section 27 – Existing firearm licences other than dealers and gunsmiths were issued in perpetuity subject to the holders of these licences not being declared unfit to possess a firearm. It is difficult to see how this right can be arbitrarily amended. Furthermore, how will the fact that existing licences will lapse, be communicated to the holders of these licences? We have dealt with the fact that a great number of existing licence holders will never read this legislation. If these persons are not to be prejudiced then the new legislation must require the Registrar to communicate individually with all existing licence holders to appraise them of the fact that their licences will expire on a certain date and that they must apply for renewal as is the case with replacing existing drivers licences.If this section is implemented, the cost to the tax payer and the country will be enormous and in addition will criminalise large sections of the population.
  25. Section 42 (6) – The intention of this section is good but requires amplification. Conceivably, the requirements referred to could involve the dealer in substantial outlay.
  26. Section 42 (7) - If the requirements for an electronic link to the central database are reasonable there should be no reason why any dealer cannot comply with this requirement. The proposed regulations will be impossible to implement unless there is an electronic link between dealers and the central database and there should be no exemptions from this rule. The same comments apply to Section 42 (8).
  27. Section 45 (3) - In view of the current long delivery delays for post, 14 days would seem to be too short a notice period and 28 days may be preferable.
  28. Section 86 – 92 - These sections fail to take cognisance of the fact that a wholesale distributor of firearms in possession of a valid dealers licence may choose to deliver firearms to his customer without using the services of a transport contractor. Similarly, a licenced dealer who operates more than one dealership, such as ourselves, may wish to transfer stock and transport such stock between various branches. Under current legislation this is perfectly permissible without any specific permission and to our knowledge, no losses have resulted from this practice. If these sections are indeed intended to cover transportation of firearms by a licenced dealer then they require certain modifications. For example, Section 93 requires the permit holder to comply with regulations which are already covered by the regulations applicable to dealers.
  29. Section 95 – What is the purpose of defining prohibited firearms if the Minister is given unfettered powers to ban ammunition? What good is a legally licenced firearm without ammunition?
  30. Sections 99 & 100 - If it is the real intention as stated in the preamble of this legislation to curb the abuse of firearms, then there is no logical reason for excluding official institutions. The press has recently been full of violent acts committed with firearms by members of the armed forces and the police against their families and others and, there are currently approximately 200,000 firearms which were under the control of State Institutions which are not accounted for. Finally, available statistics indicate that at least one in three of the firearms stolen each year are stolen from or lost by the police or army. We submit that perhaps with certain modifications official institutions should fall within the ambit of the proposed legislation. We understand, but are unable to confirm, that this was the original intention of the drafters but when one of the early drafts was submitted to the South African National Defence Force, it was met with howls of derision. Perhaps the insertion of this chapter is motivated by desire not to unduly delay the promulgation of this legislation.
  31. Section 143 – This section should require that any such firearm free zone must be equipped with safe keeping facilities to enable persons who are lawfully carrying firearms and wish to enter these premises to store them. It should also be borne in mind that these firearm free zones, unless properly policed and controlled will merely become zones free of legal firearms and will prove an irresistible temptation to the lawless.