ATC170621: Report of the Select Committee on Security and Justice on the Draft Notice: Declaration of Amnesty in terms of section 139 of the Firearms Control Act No. 60 of 2000, dated 21 June 2017

NCOP Security and Justice

Report of the Select Committee on Security and Justice on the Draft Notice: Declaration of Amnesty in terms of section 139 of the Firearms Control Act No. 60 of 2000, dated 21 June 2017:
 

The National Council of Provinces referred the Draft Notice: Declaration of Amnesty in terms of section 139 of the Firearms Control Act No. 60 of 2000 to the Select Committee on Security and Justice on 8 March 2017.

 

Purpose of the Draft Notice: Declaration of Amnesty

 

In terms of Section 139 of the Firearms Control Act No. 60 of 2000, the Minister of Police may, by notice in the Gazette, declare an amnesty if the amnesty may result in the reduction of the number of illegally possessed firearms in South Africa, and it is in the public interest to do so.

 

Briefing by the South African Police Service

The South African Police Service briefed the Select Committee on the Draft Notice: Declaration of Amnesty on 21 June 2017. The then Minister of Police, Hon NPT Nhleko, declared an amnesty scheduled for 1 April 2017 – 30 September 2017 but the Draft Notice was only tabled in Parliament on 8 March 2017 and Parliament was unable to consider the matter before the end of the first term. Section 139(2) of the Firearms Control Act, 60 of 2000, also provides that such amnesty will only be valid if it is approved by Parliament; the amnesty must specify the period during which persons may apply for amnesty and must specify the conditions under which amnesty may be granted.

 

Content of the Draft Notice: Declaration of Amnesty

The current period of the Draft Notice: Declaration of Amnesty applied for is 1 August 2017 to 31 January 2018.

 

1. A written application for amnesty by an applicant must be handed in at a police station and the application must state the full names, identity number and residential address of the applicant, as well as identifying the firearm and ammunition;
2. The firearm must be surrendered to a member of the police on duty at a police station who must issue a receipt for the firearm and ammunition;
3. Should the applicant for amnesty wish to apply for a licence for the firearm or ammunition, such an application must be lodged within 14days from the date of surrendering the firearm; and
4. Firearms will be ballistically tested.

 

Consideration of the Draft Notice: Declaration of Amnesty

The Select Committee on Security and Justice having deliberated on and considered the subject of the Draft Notice: Declaration of Amnesty in terms of section 139 of the Firearms Control Act No. 60 of 2000, referred to it, reports that it has agreed to the Draft Notice: Declaration of Amnesty and recommends the Council approve the said Draft Notice.

 

Report to be considered.