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Network messages: Gov
Gazette Firearm Destruction Dear Network Member, We include below Government Notice No 1202 dated 14 December 2009 for your information and action if applicable. Briefly, before consigning firearms surrendered or forfeited under Section 136 of the Act to the furnaces, the Commissioner of Police wants those persons who believe they have a valid claim to such firearms/ammunition to give him reason not to destroy them. As the timing (over the holidays when legal advisors are hard to reach) and the short notice given is unreasonable, the SAPS should be a little flexible about deadlines but we recommend that those of you who wish to make representations try not to rely on this possibility. At this stage there is no indication as to what the Commissioner would consider to be a ‘valid claim’ or ‘adequate representations’, but given his stated desire to remove as many firearms as possible from circulation, it is unlikely that he will be easy to convince. We will circulate useful information on the subject as and when it becomes available.
GOVERNMENT GAZETTE,
14 DECEMBER 2009 No. 32812 14 December 2009 NOTICE UNDER SECTION 136(1) OF THE FIREARMS CONTROL ACT: DESTRUCTION OF FIREARMS By virtue of the powers vested in me by section 136(1) of the Firearms Control Act, 2000 (Act No. 60 of 2000), I, Bheki Hamilton Cele, National Commissioner of the South African Police Service, in my capacity as Registrar of Firearms as contemplated in section 123 of the said Act, hereby give notice that the State intends to destroy all firearms and ammunition that were voluntarily surrendered to or forfeited to the State. In terms of section 136(2) of the Firearms Control Act, 2000, any person who has a valid claim to such firearm or ammunition may, within 21 days after the date of publication of this notice, make representations to me as to why such firearms or ammunition should not be destroyed, The representation's must contain full information of the firearm, the owner of the firearm, and the police station where the firearm and ammunition were voluntarily surrendered or forfeited. Any such presentations must, within the stipulated period, reach me at the following address; By Post: The
National Commissioner By Hand: The
National Commissioner Fax No. (012) 363
6269/6036 signed
SAGA
Evidence and Year End Dear Network Member, This has been a busy year for firearm owners and 2010 looks to be no different. With your support, however, we will continue the battle over firearm ownership rights and for fair and reasonable treatment. If you responded to our request for evidence of poor service from the SAPS/CFR by submitting details of your problems – thank you. We have received hundreds of returns and have been working on analyzing and summarizing them for use as “evidence” in court. Please note that it was never our intention to provide assistance with individual cases – the volumes are far too high. ADMINISTRATION The SAGA Administration Office will be closed from midday today, Tuesday 15 December 2009 and will reopen on Monday 11 January 2010. Kind regards and best wishes for a prosperous and safe 2010. SAGA Trustees, Staff and Volunteers
2010
FIREARM AMNESTY
Dear Network Member, It is not surprising that the first public statements (9 November) announcing plans for a 'firearm amnesty' were somewhat confusing. So much so, that SAGA deemed it necessary to advise you to DO NOTHING until clarity was obtained. SAGA Trustee Bruce Shaw explained the problem/s to a ministry spokesman who undertook to issue a clear correction. Nothing happened until a correct Government Notice No 1112 was published on 25 November 2009. This Notice, which is now on SAGA's website, has not (yet?) been expanded upon by ministry or police spokesmen. The paragraph: "Proper audit processes must be put in place to ensure the auditing of the records of all firearms surrendered in terms of this amnesty" needs some clarification. For the moment we must assume that full details of the firearm and of the person surrendering it must be recorded to facilitate investigations should there be suspicions that the firearm has been used in a crime. Note that in terms of the Firearms Control Act (Section 138), 'amnesty' means "an indemnity against prosecution for the unlawful possession of a firearm or ammunition". Unlike the above definition, the Notice doesn't say "a firearm or ammunition" but it is safe to assume that the SAPS will accept ammunition in preference to leaving anyone in unlawful possession. Although this is not spelt out in the Notice, the Act, or the Regulations, the amnesty does not provide for anonymity. This of course means that those who have been using stolen or otherwise unlicensed firearms in the commission of criminal acts, are rather unlikely to take advantage of the amnesty - it would be safer for them to anonymously toss the firearm into a waste bin, dam, or river. Once the SAPS have readied themselves to receive unlawful firearms, they will presumably make an effort to publicize the amnesty. Do not be surprised if, at the same time, they start encouraging (pressurizing) firearms owners to surrender 'surplus' or 'unwanted' firearms at the same time. That's your decision to make but, please don't be conned into believing that, because you failed to renew your 'old' Arms & Ammunition Act licence, you are in unlawful possession and have to take advantage of the amnesty. All those 'old' licences remain valid at least until after the North Gauteng High Court decides otherwise.
PROPOSED FIREARM AMNESTY Recent press reports and statements by various police spokesmen about a PROPOSED firearms amnesty have led to much confusion. We will not now comment on the effects/implications of the possible amnesty until a final, official notice is published and the conditions are clear and unambiguous. Until then, the soundest advice we can give firearm owners is – DO NOTHING AT ALL! The draft notice (which does not take the Portfolio Committee’s amendments into account) proposed that an amnesty commence on 11 January 2010 and be open until 11 April 2010, so it wouldn’t help anyone to try to ‘jump the gun’. Please note amnesties absolve you only for the offence of “being in possession of an unlicensed firearm” and not for any other offence – which is why, SAPS claims to the contrary, these amnesties so singularly fail to disarm criminals and make our streets safer. The persons most likely to benefit from such amnesties are those who ‘simply haven’t got round’ to regularizing firearms discovered in a deceased family member’s estate. Please note that, because of the interim court order obtained by the SA Hunters & Game Conservation Association, all licences valid in terms of the previous (or ‘old’) Arms & Ammunition Act remain valid until further notice. This means that if you missed the final 30 June 2009 licence renewal deadline, your old licence covers you until further notice. Please do not allow yourself or your friends and colleagues to be pressured into surrendering licensed firearms when there is no need to do so.
CIVILIAN
FIREARM OWNERSHIP SAGA notes, with dismay, the recent misleading public
announcement by President Zuma that “this country has too many guns in
the hands of citizens”. This
announcement, following so closely on Police Minister Mthethwa’s recent
comment that “rampant crime was in part to blame on the high number of
firearms among civilians” indicates that the elected representatives of
the citizens of our country are, once again, being misled by the fact-free
wishful thinking of those few biased individuals who see the world as they
want it to be rather than accepting the realities of life. SAGA notes that it has recently been discussed in Parliament
that rogue elements within the SAPS, not the private citizen, are
supplying criminals with police firearms. SAGA, once again, records that world-wide evidence proves
that firearms in private hands reduces, not increases, crime levels. SAGA
will be happy to present this evidence to our government again. SAGA again urges our government to take note that the right
to self defence is a basic human right and suggests that they address the
problem of an increasing number of police weapons being sold to criminal
elements rather than distracting their attention to private gun owners who
reduce crime rather than increase it.
SAGA
submission to Police Portfolio Committee The Portfolio Committee on Police (National Assembly) deadline for written submissions on the Criminal Law (Forensic Procedures) Amendment Bill is today, 23 October 2009. Please find below SAGA's submission for your information and distribution. CRIMINAL LAW (FORENSIC PROCEDURES) AMENDMENT BILL (B2-2009) We wish to record that, in principle, the South African Gunowners' Association has no objections to laws and procedures that contribute to the State's efforts to combat crime. We note with dismay that, despite being fully aware that the Bill's provisions could infringe no less than six sections of our Constitution, the drafters presented it for your approval on the basis that these infringements could be condoned under section 36 (the limitation clause) of the Constitution. We fear that Section 36 is habitually (mis)used for the convenience of promoters of 'difficult' legislation and request that you note our principled opposition to such practice. We strongly recommend that all regulations drafted to give effect to this legislation be open to public debate and be subject to the close scrutiny of your committee and/or a joint police/justice committee so as to guard the constitutional rights of all the citizens of our country. Seeds sown in haste will grow into weeds which will threaten our liberty. We opened by saying 'in principle' because we foresee problems with the implementation of the provisions of this Bill by state bodies/departments which already lack the knowledge, staff, equipment, systems and other resources to carry out efficiently their existing duties and responsibilities. We also foresee that, unless and until the police members on the ground who have 'hands-on' responsibility for performing the procedures, are properly trained and have appropriate 'people skills', their enforcement of these amendments could further infringe citizens' constitutional rights and be a public relations disaster. To make the meaning clear from the outset, we recommend that the defined term "speculative search" be replaced with "database search" or if absolutely necessary "speculative database search". The word "speculative" appears to be superfluous and can have negative connotations. We applaud your Committee for insisting that the SAPS provide you with proper, quantified, implementation budgets and plans and trust that you will not deviate from this worthy (but frequently neglected) "look before you legislate" approach. In June 2004, when we approached the Pretoria High Court to delay the implementation of the Firearms Control Act, No 60 of 2000 on the grounds that the SAPS was not properly geared up to do so, the Court rejected our application on the grounds that we could not see into the future. The then Minister and the SAPS had convinced the Court that they were fully capable of, and completely ready to, implement the Firearms Control Act. This was patently untrue. After spending many millions of Rands and man-hours, subsequent events proved the contrary as evidenced, inter alia, by recent judgements in the North Gauteng and Western Cape High Courts. Then, as now, the SAPS were under social and political pressure to "do something about crime". Such pressures have led even senior policemen to fraudulently 'tamper with' crime statistics and in so doing defeat the ends of justice. We believe that such pressures have also led, and will doubtless again lead, to the SAPS either wishfully or wilfully underestimating the extent of the burden additional legislation places upon their limited resources; or, alternatively, wilfully overestimating the practical benefits of such legislation and their capacity to produce such benefits in a cost-effective manner. How far will they go to convince parliament that they are prepared and ready to implement this legislation? We do not know, but we ask that you do not accept glib assurances too readily.
Radio Alert - Today
14:00 SAGA representative, Martin Hood, has just been invited to speak on SAfm early this afternoon. The topic under discussion will be President Zuma's recent comments about firearms. Date: Monday 12 October 2009 Time: 14:00 Radio Station: SAfm 104-107 Please listen if you can.
Evidence
Required for SAGA EVIDENCE REQUIRED If you or a reliable friend/colleague has had to wait 12 months or longer for the approval of a competency certificate or firearm licence, we would like to have the following details to help us amass evidence for a possible court case relating to poor service from the SAPS/CFR. NB: Unless we ask for and obtain your permission to do otherwise, your personal details will be held in strict confidence and will be used only to build impersonal bulk statistics. Please email the following details to saga@saga.org.za Surname and initials: PRESIDENTIAL ASSISTANCE President Zuma’s Help Hot Line number is 17737. Keep a note of that number and use it when your efforts to get answers from a government department or organ of state have been frustrated by ignorance/ incompetence or a brick wall. There are no guarantees, but when all else fails, it is worth a shot.
SAGA NOTICE NOTICE TO MEMBERS Dear Member, Justice Alliance ‘Compensation’ Case : SAGA’s Commitment On 31 August 2009, the Western Cape High Court gave the Minister for Safety & Security 90 days to establish guidelines for the payment of compensation [for firearms forfeited or surrendered to the State in certain circumstances] as contemplated in section 137(5) of the Firearms Control Act (FCA) as his failure to do so is unlawful and inconsistent with the Constitution. This successful application, promoted by GOSA (Gun Owners of SA), was brought to the Court by JASA (Justice Alliance of SA) and the False Bay Gun Club. Although it is too soon to say when, or how the Minister/SAPS will respond, or whether or not GOSA/JASA will accept or oppose any guidelines provided, it is not too soon to congratulate the partnership for conceptualizing this action, doing the hard work and research needed to get the case to court, and, last but certainly not least, winning. Our congratulations on a job well done. ******************************** While we usually strive to avoid public ‘disagreement’ with other pro-gun people or organizations, SAGA has been so criticized for not participating in this ‘compensation’ case that some concerned members (and non-members) have requested us to respond by defending our position and/or refuting the allegations. This we now do, as briefly as possible in the circumstances. The concert of allegations/criticism peaked after the ‘victory’ newsletter e-posted by GOSA executive member, Mr Dick Boothroyd on 4 September 2009 in which he stated, inter alia – “GOSA was started in 2004 by a small group in Cape Town that was disillusioned by the lack of resistance to the FCA and in particular by SAGA’s attitude that the FCA would never be scrapped and that we must make the best of it. ... While all firearm groups agree on the unjust nature of the FCA, that fundamental policy difference made it untenable to remain in SAGA.” Four paragraphs later Mr Boothroyd reports: – “Throughout this two year effort, all firearm organisations were approached for financial support. All declined, so it [the JASA/GOSA court case] was funded by a handful of individuals. SAGA declined to associate with us. It is therefore fair to say that SAGA and all the associations accept the FCA while GOSA is on the road to getting it scrapped.” That “fundamental policy differences” were at the root of the “disillusionment” cannot be disputed. Such differences are at the core of a robust democracy – total uniformity in approach is probable only if you are lemmings. If the differences are such that they cannot be accommodated within one organization, a split is inevitable and desirable. From our perspective, this particular split, which began well before 2004, came about as follows: About ten or so years ago, some SAGA council members impatient with SAGA’s ‘soft’ (acceptance of the reality) approach and whose ‘hard’ policy alternatives had not been adopted by SAGA, eventually parted company with the association. (Note that SAGA’s 1985 Trust Deed and the pledge signed by members both stress the ‘responsible’ and ‘law-abiding’ nature of the association – which precludes it adopting radical ‘over my dead body’ or civil disobedience-type policies – such as contained in some proposals.) A number of the disillusioned parties sniped away at SAGA and tried to tar-brush us as ‘sell-outs’ and ‘the opposition’. Somewhere along the line, there then emerged an organization claiming the title “Gun Owners of South Africa”. There is much that we still don’t know about it, for example: Which of the vociferously anti-SAGA, GOSA supporters are official spokesmen and which are unaffiliated, loose cannon? Apart from the ambitious objective “forcing the scrapping of the FCA”, what are GOSA’s official policies? It appears to us that, in the main, GOSA was founded on a negative attitude towards SAGA, or SAGA-like policies, and has used these “fundamental differences” to white-ant SAGA and to assert that SAGA’s “acceptance of the FCA” is tantamount to “surrendering to the FCA”. This we deny – nothing could be further from the truth. What is true is that we have not set our sights on the total scrapping of the Act – which, like unscrambling your breakfast eggs, we regard as unlikely and impractical. SAGA does work within the system – to fight for your rights on every possible front. This we have done in parliamentary committees, statutory councils, parastatal bodies, in communications with the Minister, the Commissioner, the CFR, the Appeal Board, in informative press advertising and our website... and in our involvement in various court cases (some successful, some not). SAGA also tries to represent the interests of all (legal) firearms owners in various open forums – pro- anti- and uncommitted – as well as in press interviews, during radio and television shows and wherever else we find opportunities. All these activities are ongoing and we will continue to collect evidence, build up cases, and take the authorities to court when deemed advantageous. And SAGA will continue to fight these fights with or without the support of other parties. While we try to guard against any (unfavourable) ‘unintended consequences’ of our actions, and are not reckless with members’ money, SAGA’s conservative approach does not immobilize us. Given the above, it is beyond understanding that, fresh from a court victory, GOSA (and some ‘loose cannon’) find it appropriate to castigate the associations in general and SAGA in particular – and for what? For not swearing an oath of allegiance to GOSA? And not supplying the funding it may need to further its action in court? It is ludicrous for critics (with conveniently short memories) to contend that SAGA, by accepting reality, has somehow sold out its constituents and has left GOSA as the sole guardian “on the road to getting [the FCA] scrapped”. SAGA is by no means perfect and all-seeing, but our members can be proud of its record of fighting for firearm owners’ rights – ALL law-abiding firearms owners’ rights. No one should be surprised that SAGA did not rush in to feed the hand that tries to bite it. Indeed our members may be surprised to learn that SAGA did not flatly refuse to fund or support GOSA’s efforts. Nor have we actively opposed or hindered them in any way. Our representatives have always kept the door open and SAGA would – even now – give careful consideration to a proper formal proposal for support. This has been made easier since, by basing its court case on the provisions of the FCA, GOSA has tacitly joined the rest of the ‘sell-outs’ who are working “within the system”. This effort to convey SAGA’s position should be taken as intended – to settle our members’ concerns, not to detract from GOSA’s efforts or victory celebrations. We trust that we have succeeded as we have no desire to enter into protracted (and unprofitable) argument and counter-argument or to offer lengthier explanatory replies to individual letter writers. It is to be hoped that GOSA and its supporters will exercise a little more restraint when exercising their right to criticize. The Trustees – The SAGA Trust
AIM
Show 3-5 April 2009 SAGA will be at the AIM Shooters Show this coming weekend 3-5 April 2009. Once again the show is being held at the War Museum in Saxonwold (adjacent to the Johannesburg Zoo). The show is open on Friday 10:00-18:00, Saturday 09:00-18:00 and Sunday 09:00-18:00, and there is lots of parking. Entry for adults is R50. SAGA will be at stands 49 & 50 in the Gunpark. You can renew your membership immediately as well as sign up new members. We will have insignia for sale to members: caps, metal badges, patches, ties and some of the Special Edition metal lapel badges. SAGA representatives will be on hand to talk firearms, discuss licensing matters, etc. We will have leaflets available on the FCA; What Next?; our Safety Education pamphlets as well as general information leaflets. Our annual raffle has some exciting prizes thanks to the support of our wonderful sponsors. Tickets will only be available to current SAGA members at the show - so make sure your membership is paid-up or join at the show. The cost of the tickets remains at R40 each, which is excellent value considering the great prizes on offer. The draw will take place at 3pm on Sunday 5 April and winners will be notified by telephone. This raffle is an AIM Show initiative; no tickets will be sold elsewhere. FIRST prize is a Gamo air rifle - a Shadow Sport model generously sponsored by Nicholas Yale cc. This break-barrel model comes complete with a 3-9x40 scope3, an all-weather synthetic stock, non-slip chequering on the grip, twin cheek pads, thick ventilated rubber recoil pad, some ammunition, etc. Valued at R2800 this is a superb prize. [Nicholas Yale cc, 011-339-6556] SECOND PRIZE is a Leatherman K502 knife kindly sponsored by Awesome Tools cc. This traditional lockback folder has numerous features including a 154cm stainless steel drop-point knife; a bit driver with six screw bit tips that can be stored in the glass-filled nylon and aluminium handle; a bottle opener/Carabiner clip; and a can opener. The K502 measures 11.4cm closed and has a 7.9cm blade length. In summary: you get maximum usefulness with minimum bulk. With a 25-year warranty this prize valued at R800 is a must. [Awesome Tools cc, 021-975-2700] THIRD PRIZE is a Shibazi Safari Pro Knife Kit. This set consists of five useful knives: a 215mm butcher's knife, a 157mm professional skinning knife, a 117mm gut hook skinner with removable sheath, a 140mm boning knife, and a 70mm utility/caping knife. Also contained in the durable folding carry/storage case (with ABS handles) is a tungsten carbide sharpener. All the knives are made of premium 5Cr15MoV Stainless Steel. This marvellous prize, valued at R550, has been generously sponsored by LiteOptec (Pty) Ltd. [LiteOptec (Pty) Ltd, 011-462-6986] FOURTH PRIZE is a Shibazi Outfitter Kit. This great 4 knife kit is also kindly sponsored by LiteOptec (Pty) Ltd and consists of: a 215mm butcher's knife, a 117mm gut hook skinner with removable sheath, a 140mm boning knife, and a 70mm utility/caping knife. In a durable folding carry/storage case with ABS handles this kit will take up no space when you are in the field. All the knives are made of premium 5Cr15MoV Stainless Steel. The value of this kit is R350. [LiteOptec (Pty) Ltd, 011-462-6986] For a look at these great prizes follow the LINK Don't miss out - see you at the show! Note: This email is being sent to all
Network members in South Africa in case you will be in the area at the
time of the show. TV
Alert - Sunday 29 March 2009 Please be advised that one of the features on Carte Blanche on MNet this Sunday, 29 March 2009 at 19:00 will be as follows: STICK TO YOUR GUNS The much maligned gun licensing application process closes next week, leaving many gun owners with their fingers off their triggers. Carte Blanche speaks to disgruntled gun owners and the long arm of the law. [Information extracted from the Carte
Blanche website.] Admissions
of Guilt Have you had to pay an Admission of Guilt fine for applying to renew a firearm licence AFTER the official cut-off date for your birth month group? If so, please send your particulars, including a copy of the Admission of Guilt docket if possible, to SAGA's administration office as soon as possible as we would like to investigate the validity and possible consequences of such fines. Please send the above by email or fax as
follows: LicenceRenewals URGENT NOTICE If you were born in an October, November or December – ACT NOW! It is clear that the SAPS want to issue as few firearm licences as possible. The final cut-off date for YOU to lodge your firearm renewal applications is 31 March 2009. If you have not yet applied, do so NOW. In the words of the SA Police Service media statement dated 27 February 2009: “All persons who apply for the renewal of their firearm licenses, permits or authorizations AFTER the expiry of their renewal period MAY be prosecuted for failing to renew their firearm licences within the stipulated period and if convicted in a court of law, they MAY be sentenced up to a period of one year imprisonment or to a fine or to both such imprisonment and fine. Such convictions MAY also lead to a person being disqualified to possess a firearm in future.” (Upper case emphasis added by SAGA.) Get your paperwork in order and APPLY asap. However, you should NOT be rushed into surrendering ‘extra’ firearms to the SAPS (or having them destroyed) because all licences issued in terms of the (old) Arms & Ammunition Act of 1969 remain valid until 30 June 2009. That said, between 1 April and 30 June 2009, your options for licensing or disposal become very limited and are fraught with legal or political uncertainties. SAGA will issue another notice in this regard as soon as certain issues have been clarified. We hope to do this no later than mid-April.
Radio
Alert - Today 14:30 SAGA have just been contacted to discuss firearm relicencing today as follows: Date:
Wednesday 21 January 2009 Please
listen if you can. Radio
Alert - Today 11am SAGA
Representative Martin Hood has just been asked to speak on SAfm Radio
TODAY Friday 31 October 2008 at 11am. GFSA will also be present. The
discussion will be on the tragic shooting of the young child earlier this
week. Please listen if you can. TV Alert - Tuesday 11 September 2007 The tv programme "Rights & Recourse" will be doing a show on guns which will be screened as follows: Date: Tuesday 11 September 2007 Time: 12:00 Channel: SABC3 SAGA representative, Martin Hood, will be doing a pre-recorded interview on what training is required for licence applications (new and renewals) which will be included. Other guests will appear on the show, and may include Director Bothma from the Central Firearms Register. Please watch if you can as there should be a phone-in.
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