6 June 2000

Revised Draft - Firearms Control Bill
Submission by the Professional Hunters’ Association of South Africa

1. About the Professional Hunters’ Association of South Africa

The Professional Hunters’ Association of South Africa (PHASA) is recognized as the official mouthpiece of South Africa’s professional hunting fraternity. Established in 1978, it maintains an active secretariat in Pretoria, and currently has over one thousand members countrywide.

PHASA’s main objectives are: to foster the conservation of South Africa’s fauna and flora; to support proper wildlife management and wise utilization thereof; to assist and promote ethical hunting in South Africa as well as high quality service and ethical standards among its members. The vision of our Association is to be the leading professional hunting authority, optimizing the wildlife and professional hunting potential of South Africa to the benefit of all stakeholders and the community at large in an appropriate and sustainable manner, thereby conserving the resource base for generations to come. Our mission in this regard, entails: to represent and serve the interests of our members in a pro-active and dynamic manner; to advance and promote professionalism; and to promote the benefits of professional hunting to the conservation of wildlife.

2. Tourism and Hunting

1. The tourism industry has been identified by Government as one of the most important vehicles through which our country’s development and economy can be improved and sustained.

2.2 The South African tourism industry is based on wildlife. Over 90% of visiting tourists come to South Africa to see our diversity of wildlife and flora.

2.3 Tourism has the greatest potential for creating wealth and job opportunities in South Africa.

4. International hunting guests are the clients of our PHASA members

and are the most important tourists to visit South Africa because:

• Hunters spend up to 35 times more than the average tourist while in the country
• Hunters create employment and contribute to the upliftment of our poorest rural areas that are not visited by normal tourists
• Hunters are the most adventurous of our tourists, and income generated through hunting is used to develop or open up areas for eco-tourism
• Hunters are the most important ambassadors in recom-mending South Africa as a prime tourist destination to their associates, friends and families
• Hunting is the most important management tool in the conservation of our wildlife resources and the habitats required to sustain our magnificent wild animals
• Hunters are the foundation or anchor to the wildlife industry in South Africa. Without wildlife there will be no tourism in South Africa.

3. General Principles

The intent and purpose of any law should be aimed to uphold, sustain and promote the ‘good’ in any society. In addition any law in a democracy should be transparent and reflect the will of the people since it is an actual contract between those that are governed and those that govern. An imbalance of power in this regard, i.e. too much power in the wrong hands, be it in the form of administrative-discretionary power or ministerial authority, does not serve the common good. Unless African democracy is meant to be ‘one man one vote’ only one time and we accept the principle that this is not the case with our new democracy, we believe that the Revised Draft of the Firearms Control Bill should serve the principle of the common good of all law-abiding people.

Taking into account the aforementioned, we as an Association would like to raise the following general principles as well as specifics that we perceive as inherent problems of the Revised Draft.

Chapter 1, Section 2, (a)(b) present the main purpose of the Bill referring to the constitutional rights to life and bodily integrity and the prevention of the proliferation of illegally possessed firearms by providing for the removal of those firearms from society as well as improving the control over legally possessed firearms.

In philosophical, political and legal logic this purpose can be construed as being illogical since the reduction and greater control over law-abiding citizens that possess firearms is contradictory to the fact that it is the criminals and crime at large that should be addressed. By restricting us, the criminals will not disappear. In principle it should be accepted that it is not the firearm that takes a person’s life, but the user thereof. In addition, it is not the regular law-abiding responsible firearm owner who is the criminal. In other words, the intent and purpose of the Act which spells out the goal of crime prevention is at cross purposes with the fact that the Bill deals mainly with the curbing of existing rights of the law-abiding, responsible, firearm owners.

We as an Association are certain that virtually none of our members have ever been involved in a crime related to the use of a firearm. On the contrary we subscribe to the principle of competency and training based on the highest professional standard. As hunter-gatherers we firmly believe that the right to bear firearms is an inherent basic human right that stems from the beginning of mankind. This primal right is also instilled in different cultures, e.g. Zulus, with their spears and knobkerries, the Masai with their spears and the Bushmen with their bows and arrows.

With reference to the second part of the purpose of the Act (Chapter 2 (d) and (e)) we are prepared to buy into an auditing system provided that the renewal of a licence, if no crime has been committed, should not be made subject to the whims of a government official or minister. We believe that our active members should not be forced to motivate the need for the renewal of a firearm as envisaged in Chapter 6, Section 27 (2)(a) where the Registrar is granted the authority to prescribe what information is needed.

Furthermore we as an Association would like to see the principles of competency, if applied properly, to be the guiding principle whereby it is determined whether a person may possess a firearm. If such competency has been determined by an accredited institution it should be accepted that no further restrictions to posses a firearm should be placed on such a person. In our case our members have to be active in hunting with overseas clients should they want their professional hunter’s license to be renewed. If active, a licence to act as a professional hunter/outfitter, is in any case controlled by nature conservation or parks board. This in conjunction with our accreditation as a professional association should be viewed as enough proof that the person is still competent. Restrictions on the number of firearms or ammunition would not serve a practical purpose. In addition our cooperation with the Central Firearm Registry would save a lot of manpower and money.

The Revised Draft of the Firearms Control Bill accommodates a number of different categories of people by defining explicitly who they are and what rights they have according to this Act, but no where does any section define explicitly what a professional hunter/outfitter is and where we fit in. Chapter 6, Section 23 (2)(d) does refer indirectly to a person who is accredited to conduct business in hunting. This could include just about anyone. Since our business is strictly and professionally managed and controlled by both the Association and Government, we feel that the Act should include us as professional hunters/outfitters explicitly in all appropriate chapters and sections of this Act. We do not want to find ourselves in a position where the law due to vagueness can be interpreted ambiguously by interpreting the fact that we are not mentioned explicitly as the main people together with the game ranchers who conduct the business of hunting.

In summary, our main concern regarding the general principles of the Revised Draft can be summed up as follows:

• The purpose and intent of the Act is contradictory.
• Professional hunters and outfitters are not the cause for concern in crimes related to the use of a firearm
• We professional hunters/outfitters as hunter-gatherers view our right to own firearms as an inherent basic human right.
• The renewal of our firearm licences should not be made complicated since it should only serve the purpose of an audit
• The competency of a professional hunter/outfitter that is professionally and government regulated should be accepted as the guiding principle of the right to own a firearm. We submit to the principle of the person being responsible for any deed or act committed by him.
• Restrictions on firearms and ammunition should not be viewed as necessary once accreditation and competency have been established.
• Professional hunters/outfitters should be explicitly accommodated within the Act.

4. Specific Problem Areas

4.1 Chapter 2 – Prohibitions

4.1.1 Section 4 (1) (b) (ii) (Prohibited Firearms)

As a matter of interest we would like to point out that modern day rifles especially the Nitro Express doubles could be a problem in the future where the 20 mm. calibre is developed for the purposes of hunting big game.

4.1.2 Section 4 (3) (a) (i) (ii) (Prohibited Firearms)

We believe that the powers vested in the Minister apart from the fact of the process described in paragraph (3) (b) constitute too much discretionary power in one person. Notwithstanding the fact that any majority ruling party can force their will on all sections of public life we believe that transparent and good government will always follow the route of consultation first.

4.2 Chapter 4 – Competency Certificates, Licences, Permits, Authorisations and Accreditations

4.2.1 Section 10 (Accreditation)

We as an Association would like to offer our assistance once accredited, especially in as far as the establishment of the competency of persons is concerned.

4.3 Chapter 5 – Competency Certificates

4.3.1 Section 12 (Competency Certificate)

The professional hunter/outfitter is not explicitly provided for in this section.

4.4 Chapter 6 – Licence to Possess Firearm

4.4.1 We as an Association would like to see professional hunters/outfitters provided for as a separate category, explicitly defined.

4.4.2 Section 27 (2) (a) – (Renewal of firearm licences)

The requirement laid down for an application for the renewal of a firearm licence that the Registrar may prescribe and change the information needed to accompany such an application is a vague statement of intent and should be outlined and defined more specifically.

4.4.3 Section 30 (Period of Validity of licence or permit)

Conducting business in hunting as done by professional hunters distinctly separates us from security firms since all our overseas clients have to be under their direct supervision at all times. Due to this fact of being responsible and in control of our clients, we believe that our renewal permit should be in congruence with that of the dedicated hunter, which is ten years. Practically speaking all professional hunters also qualify automatically as dedicated hunters. In order to simplify the renewal process it is suggested that one steer clear of the ambiguity created by the different periods of validity between the categories of dedicated hunter, game rancher and professional hunter/outfitter.

4.4.4 Section 31 (4) (Disposal of a Firearm)

In practical terms we are of the opinion that the process of disposal and the compensation for such firearms needs to be changed and provided for more explicitly.

4.5 Chapter 8 – Import, Export and Carriage in Transit of Firearms and Ammunition

We are concerned about who is to decide whether a person is fit or proper to hold such a permit. Where does the responsibility lie - with the customs official at the airport, a police officer at the Central Firearms Registry? For our business purposes we need to keep the temporary import/export and in transit permit system as simple and practical as possible since our clients who bring in vast sums of foreign exchange should not be scared off by bureaucratic complications. Our bona fides as a professional hunters association once accredited should be accepted since we are prepared to share responsibility for our clients and their firearms.

4.5.2 Section 78

In view of the former we also would like to question which conditions are envisaged in this regard. Once again the ambiguity and the ministerial discretion does not subscribe to the principles of good government.

4.5.3 This comment also applies to Section 79 (b)

4.6 Chapter 10 – Control of Ammunition and Firearm Parts

4.6.1 Section 94 (1)

We do not believe that the restriction of 200 cartridges for each firearm is practical. The reason for this is that every single firearm has its individual traits especially regarding accuracy which in turn should allow a competent person to buy as many rounds of a certain Lot Number since different lots could change the accuracy of any single firearm. In this regard we believe that no restrictions should be placed on an accredited and competent firearm owner.

4.6.2 Section 95 (1)

Our Association does not agree with a carte blanche vesting of power in a Minister as reflected in this section.

4.6.3 Section 96 (b) (2) (ii)

Provision is made in this section for the dedicated hunter and dedicated sports person to not be subjected to sub paragraph (i). We would like the same rights to be afforded explicitly to professional hunters/outfitters and game ranchers.

Without infringing or prejudicing our rights we as an Association believe that through constructive consultation, an acceptable common goal can be reached once the actual purpose of this Act is aligned to the principle of good and transparent government and that the intention of this envisaged policy and Act takes into account the rights of all law-abiding citizens.

We firmly believe that it is crime that needs to be addressed and not the restriction of legally possessed firearms in order to create a safe and civil society. In view of the fact that we as an interest group have not had sufficient time to properly prepare and cover all the aspects of the Revised Draft, we would like to reserve the right to add to the contents of this written submission.

Ronnie Rowland

President