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Government Gazette, Notice 531 of 2018 - Notice of Intent to Introduce a Private Member's Bill and Invitation for Comment on the Proposed Firearms Control Bill, 2018

Government GazNotice of Intent to Introduce a Private Member's Bill and Invitation for Comment on the Proposed Firearms Control Bill 2018
Government GazNotice of Intent to Introduce a Private Member's Bill and Invitation for Comment on the Proposed Firearms Control Bill 2018
Gazette 41881.pdf (181.5KB)
Government GazNotice of Intent to Introduce a Private Member's Bill and Invitation for Comment on the Proposed Firearms Control Bill 2018
Government GazNotice of Intent to Introduce a Private Member's Bill and Invitation for Comment on the Proposed Firearms Control Bill 2018
Gazette 41881.pdf (181.5KB)



Expired Licence Documentation of Interest:

1. Court Order 27 July 2018

2. Police Directive pursuant to GOSA interim order

3. GOSA v Min of Police Leave to Appeal

Court Order 27 July 2018
Court Order 27 July 2018
Court Order 27 July 2018.pdf (172.33KB)
Court Order 27 July 2018
Court Order 27 July 2018
Court Order 27 July 2018.pdf (172.33KB)
Police Directive pursuant to GOSA interim order
Police Directive pursuant to GOSA interim order
Police Directive pursuant to GOSA interim order.pdf (453.78KB)
Police Directive pursuant to GOSA interim order
Police Directive pursuant to GOSA interim order
Police Directive pursuant to GOSA interim order.pdf (453.78KB)
GOSA v Min of Police Leave to Appeal
GOSA v Min of Police Leave to Appeal
GOSA v Min of Police Leave to Appeal (LM)20180808.pdf (229.2KB)
GOSA v Min of Police Leave to Appeal
GOSA v Min of Police Leave to Appeal
GOSA v Min of Police Leave to Appeal (LM)20180808.pdf (229.2KB)



UPDATE ON EXPIRED FIREARM LICENCES 3 AUGUST 2018

Dear SAGA Members,

In the July SAGA Snippets, we reported on GOSA's success in obtaining interim relief against the Minister of Police and the National Commissioner on Friday the 27th July 2018.

SAGA is still waiting on the written Order of Court to be able to advise our members in full, but in the interim, the National Commissioner, General Sitole, issued a Directive on the 30th July 2018, a copy of which is attached (SAPS 30July2018).  

The main points from the Directive are as follows:

1. It confirms that pending the main application, SAPS have been interdicted from demanding that persons with firearms with expired licences,  surrender such firearms.

2. That the period for renewal will be extended on “good cause shown”.

3. That any person that had lodged an application for renewal, and If such person was able to show “good cause”, that while such application is being dealt with, that the applicant would be deemed to be in lawful possession until the application is decided upon.

4. Those persons who have already surrendered their firearm/s as a result of the Constitutional Court decision, may approach their local DFO and request that the firearm be returned to them.

5. Point 1.4 in the Directive appears to be a typographical error.

As soon as we have more information we will advise our members.


UPDATE ON EXPIRED FIREARM LICENCES 3 AUGUST 2018
UPDATE ON EXPIRED FIREARM LICENCES 3 AUGUST 2018
SAPS 30July2018.pdf (453.78KB)
UPDATE ON EXPIRED FIREARM LICENCES 3 AUGUST 2018
UPDATE ON EXPIRED FIREARM LICENCES 3 AUGUST 2018
SAPS 30July2018.pdf (453.78KB)


SAGA Update on Firearms Amnesty
 
27 July 2018

On the 9th July 2018, the Minister of Police, Bheki Cele, said in a radio interview that he intended proclaiming an amnesty to allow those in possession of firearms with expired licences to surrender them to the police. At the same time he also said that the police will not be on a witch-hunt searching for people and firearms, the licences of which had expired. He commented that as a result of the Constitutional Court judgement, many people are currently in possession of firearms with expired licences.
 
Despite the National Commissioner’s undertaking to provide guidelines for the surrender of these firearms with expired licences, this has not yet happened. It is important to note though, that Gen Sitole did say that since the amnesty falls within the Minister’s discretion and mandate, and he was unable to express an opinion about it.

Earlier this week SAGA Trustee John Welch was interviewed by the media on SAGA’s views about the proposed amnesty. He stated that under normal circumstances SAGA does not favour amnesties since very few, if any, firearms were surrendered by “real” criminals – those who murder, steal and rape. Also, during the two previous amnesties not a single surrendered firearm could be linked to any crime.
 
However, in light of the recent Constitutional Court’s ruling that should a licence holder have failed to timeously apply for the renewal of her/his licence, after the expiry of that licence, she/he will have in their possession an unlicenced firearm and could thus be criminalised.
Because of this intolerable state of affairs SAGA, and other members of the firearms community, have tried to engage the police with proposals to alleviate the plight of those affected persons. In the meantime, at least two organisations have brought court applications to obtain relief for people with firearms with expired licences. We will keep our members informed of the outcomes of these court cases.
 
The Parliamentary Portfolio Committee on Police (PPCoP) has been informed that they will be requested to debate and consider the amnesty request. This debate may happen on 16 August 2018. SAGA has already communicated with some of the Portfolio Committee members with a view to influencing the deliberations.
 
SAGA believes that the amnesty must provide not only for the persons with expired firearms licences, but also for such interested persons to apply for licences for their affected firearms. And further, that the duration of the amnesty should be at least six months to enable such persons to carefully consider what they wish to do.
 
We also believe the Minister should be permitted to extend the period of the amnesty should it be deemed necessary. SAGA will ensure that it has representation in the Parliamentary Committee to guide, if necessary or required, those committee members who care to ask advice.
 
SAGA would also like the Portfolio Committee and the Minister of Police to consider our proposal to reduce the logistics of the amnesty by permitting such persons to retain possession of their affected firearms (by keeping them in their safes), and then to apply for a new licence. This will prevent firearms from being stolen or going missing from SAPS 13 stores.
 
SAGA members are reminded that every free and law-abiding person has the right to make choices – no person should be forced into decisions, and government should not make choices on behalf of the people.
 
Citizens who believe that the burden of owning a firearm is just too much should consider surrendering their firearms. However, those who believe that a firearm may make the difference in protecting lives, or wish to continue sport shooting and/or hunting and remain responsible for keeping their firearms safe, and comply with the law by applying for relicencing for as long as it is required, must be allowed to obtain new licences and keep their firearms.
         


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WHAT IS SAGA ABOUT

The South African Gunowners' Association (SAGA) is a non-profit, non-discriminatory organization, whose sole purpose is to represent the interests of all people who embrace the principles of safe and responsible ownership and usage of firearms for sport, recreation, hunting and self-defence.
        
SAGA is the watchdog that endeavours to safeguard the rights of the South African public by engaging government in discussion regarding firearm related issues and to provide technical assistance and expertise where needed. This is achieved by collecting and disseminating information regarding all aspects of the legitimate use of firearms. This is to enable responsible, non-discriminatory and enforceable legislation that would benefit all South Africans, irrespective of race, colour or creed.

World Forum on Shooting Activities  (WFSA)

The World Forum on Sport Shooting Activities (WFSA) is an ECOSOC NGO at United Nations representing over 100 million hunters and sport shooters.  We also represent most of the major civilian firearms and ammunition manufacturers. SAGA is a paid up voting member and is represented on the EXCO.

 If you want to get in touch with SAGA, just click on Contact.  

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