Firearms Control Bill

Business Against Crime Response

 

Business Against Crime came into being in 1996 as a result of a direct appeal by then-President Nelson Mandela to the South African business community to support government in the fight against crime.

Together with government and guided by its set priorities, BAC aims to make the country a safer place in which to live, work and conduct business. In the context of its vision, BAC's mission is to 'leverage the resources of businesses and communities" to bolster the fight against crime.

This it does by identifying projects that support government crime prevention and crime combating priorities, researching requirements and developing business plans to drive and measure the respective projects.

Autonomous Section 21 companies exist in six of South Africa's nine provinces Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Mpumalanga and the Western Cape. These are the 'delivery,' agencies" for many of the BAC projects. In addition, eight "project clusters" have been identified and each is headed by a project director.

The Organisation is aware of the immense impact of gun violence on South African society and has noted the publication of the Firearms Control Bill with great interest.

Crime', and in particular violent crime, is an obstacle to business development, poverty alleviation growth and prosperity. We are surely all aware of the economic impact of headlines that resound across the world when a foreign business-person or diplomat is shot during a car hijack. Whilst such a crime is no worse than hundreds of others committed in our country daily, its new value is such that it threatens foreign investment in South Africa and constrains our ability to grow a thriving tourist industry. A recent search through international media reports offers us a bleak vision of our fight against violent crime:

South Africa is in an uphill fight against crime" New York Times

"Danger zones for world travel" US Frequent Flyer

"Dirty dangerous haven of criminal" Sunday Mirror.

55% of foreign visitors to South Africa, surveyed in 1999 on their perceptions of personal safety, expressed fear, with 36% rating their personal safety as "fair" and 19% as 'below average".

In our daily interface with the Business community of South Africa, we encounter a range of emotion about crime; anger at lost opportunities, fear for family security, sadness that violence is a part of our way of life. Violent crime is undoubtedly one of the most significant obstacles to prosperity in South Africa and any mechanism that aims to reduce violent crime must therefore be regarded as being of primary importance.

Many of the projects that have been initiated in partnership with role players in the criminal justice system focus on combating the results of the widespread availability of illegal firearms The anti hijacking task teams of the police in the Johannesburg area, supported by business through a BAC initiative is a case in point. Illegal firearms are almost always part of a hijacking scenario - and invariably significantly increase the fear, risk, physical and mental trauma experienced by the victim

BAC is centrally involved in the establishment of Community Based Victim Support initiatives, in partnership with the SAPS, Community Police Forums and other relevant government departments. The trauma of violent crime is felt by the direct victim, but also and often with similar intensity by family members and friends. Victims suffer some or all of a range of debilitating symptoms including loss of short term memory', sleeplessness, extreme mood swings, depression and anxiety. In an economy where productivity is essential to growth and prosperity, the impact of post traumatic stress in the workplace is real and unaffordable. So too the cost, in terms of health care workers for suffer burnout as a result of constant exposure to the consequences of violence.

Our schools programme, a partnership initiative with the Department of Education and the Centre for the Study of Violence and Reconciliation and others, offers us daily exposure to the need for safe environments in which education and learning are enabled for all. In our long-term vision of a safe society, there is no need for metal detectors at the entrance to schools.

BAC believes, through experience gained in these and other projects, that the proliferation of hand guns in our communities is a major factor in the complex web of causes that contribute to the perpetuation of a culture of violence in South Africa. BAC therefore unequivocally endorses the principle of stricter control over the private possession of hand guns in particular, as we understand that it is from the pool of licensed firearms that the majority of illegally owned firearms used in violent crime are sourced, through theft and loss. BAC also supports measures that allow for stricter enforcement of laws relating to illegal firearms, and stricter penalties for violations of these laws.

As we are satisfied that the Bill will make a contribution to the fight against violent crime, Business Against Crime records support for the Firearms Control Bill presently before this committee.

We do however also wish to record that our support is contingent on the assurance that this legislation will be properly implemented and policed. Let us not lose sight of the underlyin2 reason for the review of our firearm legislation; being the unacceptable levels of violent crime in our society. The legislation in itself can only be a small, albeit important part of the solution. Much depends on the effective implementation of the legislation and the policy that informs it, within a broader strategic approach to combating of violent crime. We support the legislation because we are satisfied that government does not perceive this legislation as a quick fix but will use it as part of a multi-faceted approach to the combating of crime in our society.

Where the tightening of control of legally owned firearms results in the limitation of the rights of law-abiding citizens it must be regretted. It is, however, submitted that the way in which the Bill proposes to limit these rights is not unreasonable in the light of our current circumstances. We have learnt through our day to day involvement with the fight against crime that there are compromises to be made by every one of us, if we are to overcome crime and violence and enjoy the fruits of a safe and secure society. We call upon licensed firearm owners to comply with the provisions of the new Bill in the interests of a better place for all South Africans.

Many of the new provisions appear to mitigate areas of historical potential and real abuse of the system. The retrospectivity of the application of these provisions of the Bill is controversial (see for instance the provisions of items 1 and 11 in the schedule to the Bill) but if there is any doubt at all about the voracity of any current licenses, and there is, then it is clear that all licensed owners must submit to new licensing procedures. Without these provisions it will take decades to ensure acceptable standards in the realm of firearm ownership and this will in effect render the new Act worthless.

Much will of course depend on the way that the regulations are framed and the way in which the registrar will interpret his mandate. The Act will be implemented in an environment were many responsible citizens have lost faith in the ability of government agencies to ensure their safety, the safety of their families and the integrity of their property rights. Academic arguments about the real value of a firearm in a confrontation with criminals is of little interest to people who see a firearm as their only chance for survival. Government is urged to act with the greatest sensitivity where the rights of legitimate gun owners are concerned. Much of the controversy surrounding the Bill must be attributed to the perception created in the mind of many members of the public that the drafting process of the Bill was less than transparent. We wish to urge the authorities responsible for the implementation of the Act to ensure the widest possible consultation with all relevant stakeholders in the drafting of the regulations relevant to the Act. A transparent process is of no value if key stakeholders do not perceive that process as being transparent. It is suggested that the government's communication ability can play a particular significant role to ensure that relevant information about the process reaches all members of the public

In many communities the possession of a firearm be it legal or illegal, is equated with maturity, status and even masculinity. As a result, many young people aspire to the possession of a firearm. We see this as an important factor in the proliferation of firearms in our society. .Again tighter control over Iegal firearms is only part of the answer Long term measures are needed to address the underlying value system in our society that makes the ownership of guns so attractive that people, especially young people, are prepared to break the law to posses one. The government has a challenging responsibility to target this problem in all educational programmes.

BAC is buiIt on the notion that the only way to fight crime effectively is in a partnership between government and civil society. Those sections dealing with procedures in which community based organisations, such as hunting clubs and association of collectors will support the implementation of the legislation must be welcomed. (see for instance sections l8; 19: 20 and 21) Not only will these voluntary organisations support the bureaucracy needed to implement the Act and therefore increase the efficiency of the legislation, but it will give some form of ownership of the process back to the most important stakeholders. We believe that these procedures will promote voluntary compliance with the act.

We call on all legitimate firearm owners to accept and comply with the restrictions imposed by the Act and to see their compliance as an investment in a better future for South Africa. But the success of Government in the implementation of this Act, once it has been promulgated, will not be measured in terms of the limitation of the rights of law-abiding citizens. It must surely be measured in terms of its contribution, through the tools created by this legislation, to constrain and overcome the causes of violent crime in our society.