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Analysis of Dangerous Weapons Notice  

BRIEF ANALYSIS OF THE DANGEROUS WEAPONS ACT REGULATIONS
(Notice in Government Gazette No. 30717)
By Martin Hood

Scope of Schedule I

1 Schedule 1.1 covers all air rifles including pneumatic compressed air, air soft guns and BB guns, bows and arrows, spear guns, blow pipes and darts, hunting slings and catapults. Please note however the limitation on this grouping of being dangerous weapons "if used to commit an assault". This qualification of being used to commit an assault does not apply to definitions 2 to 17 and therefore items 2 to 17 are the ones that we should focus on.

2 The following items are not covered by the being used in an assault qualification:

2. Sword;
3. Bayonet;
4. Baton;
5. Spear or assegai;
6. Panga;
7. Cattle Prod;
8. Flick knife;
9. Dagger;
10. Knuckle knife;
11. Trench knife;
12. Throwing blade;
13. Non-metal or ceramic knife;
14. Tonfa;
15. Throwing star;
16. Any knife other than knifes mentioned above, the blade of which exceeds 10 cm, or
17. Any other article, which is not a firearm, and which is made or modified to be used:

(a) to injure or disable a person;
(b) to cause a person to fear that someone will be injured or disabled by that use; or
(c) for attach or defence in the practice of a martial art sport or similar discipline.

i.e these are all automatically dangerous weapons.

3. To understand what the Minister in the police is trying to do we now need to make reference to the Act.

4. The Act, more specifically section 2(2) thereof states as follows:

"The Minister may from time to time by notice in the Gazette and subject to any terms, conditions, restrictions, directions or exemptions as may be specified in such notice, or as may be provided for therein, prohibit any person or any person belonging to any class of persons specified in such notice from being in possession at any time or during any period so specified and either generally or in any place or area so specified or at a specified gathering or at any gathering belonging to any class specified in such notice of any object belonging to a class, type, kind or category of object, which in the opinion of the Minister is a dangerous weapon and which is specified in such notice" (my emphasis added).

5 What does this mean? In terms of section 2(2) quoted above, the Minister "prohibits any person to be in possession at any time of any object specified in Schedule 1 at any place to which the public generally has access to, including any public road, railway station or premises or at any demonstration or gathering defined in section 1 of the regulations of the Gatherings Act, Act 205 of 1993."

6 Without yet dealing with the exemptions, this notice, if promulgated (made law) this prohibits any person to be in possession at any time of any object specified in Schedule 1 in a public area, road, etc.

7 This is not all however, because in terms of the proposed regulation 1(b) the Minister then seeks to prohibit the manufacture, sale and supply of the objects specified in Schedule 1.

8 So far then the proposal is to prevent the possession at any time of any object specified in Schedule 1 at any place to which the public generally has access to, etc of the items listed above as well as to prevent their manufacture, sale or supply.

The exemptions

The following activities are exempted from the regulations.

1 For the purpose of being a museum or gallery.
2 For the purposes of theatrical performances and rehearsals.
3 For film productions or television programs.
4 For the pursuit of any lawful employment, duty or activity.
5 For the participation in any lawful, sport, recreation or entertainment.
6 For the legitimate collection, display or exhibition of weapons; or
7 For the possession for the sale and supply of objects referred to in Schedule 1.

Please note as well that Section 1(b) prohibits the manufacture, sale or supply of the objects referred to in the list above with the following exceptions.

Manufacture, sale or supply

Please note that this does not relate to possession. Therefore a person may only manufacture, sell or supply these objects if:

1 If they are over 18 years old.
2 They identify themselves by means of a green bar-coded identity document.
3 If the transaction is recorded in a register kept for that purpose, reflecting the full names, address and identity number of the buyer and the purpose for which it is bought.
4 If the register is kept available for inspection, and inspection thereof by a police officer is allowed at any time during business hours.
5 If the transaction is performed face-to-face and not by mail, post or internet order.


My initial comments are as follows:

The Act itself is 40 years old and is apartheid legislation. The argument was used by the government that the Arms and Ammunitions Act needed to be changed and updated because it was old legislation. This legislation predates the Arms and Ammunitions Act and was drafted with the specific intent to control mass protest against the then government. It is now being misused for the same type of political purposes of restricting law abiding citizens access to and possession of self-defence objects.

It should be noted that in the exemptions no mention is made specifically of possession for self-defence. Furthermore, note the two qualifications of lawful employment, duty or activity, participation in lawful sport, recreation or entertainment. I do not think for example that a firearm or baton used for self-defence falls into these exemptions.

The proposals are so broad and vague and undefined that they will without doubt be misinterpreted and misapplied. The prohibition on possession of these items will result in charges and prosecutions regardless of the exemptions. Phrases like possession at any time of any object at any place to which the public generally has access will no doubt be misinterpreted and abused.

The next difficulty is the prohibition on manufacture, sale and transfer of such objects. Effectively a system of back door licensing and control has been introduced which prohibits the sale of these objects over the internet, open air markets and trade shows.

Who does this legislation effect?

1 Importers, manufacturers, wholesalers and retailers of the above objects.
2 Any person who possesses a firearm for self-defence, for hunting purposes and bow hunters.
3 Anyone who possesses an air rifle.
4 Divers and spear fisherman.

Which organizations should get involved?

1 This does not just affect firearm dealers, importers, manufacturers and retailers of sporting goods, but hardware stores, a large group of retailers such as Pick and Pay, Woolworths, Boardmans, Mr Price, etc.

2 I do not think that there is any household in South Africa that does not possess one of the objects specified in the schedule that is deemed to be a dangerous weapon.

3 If one looks at item 17 of the objects there is cause for even more concern. Any object that is made or modified to be used "to cause a person to fear that someone will be injured or disabled by that use ………… " also falls under the provisions of this regulation. This means that a pen can be deemed to be a dangerous object. School teachers be warned!

What do we do?

No law abiding citizen should oppose balanced, well drafted and precisely defined legislation to prevent crime or to successfully prosecute criminals. It is government's constitutional duty to produce and enforce legislation to give effect to the government's obligations to create a safe and secure South Africa. What law abiding citizens must not allow however is legislation that gives excessive powers to a Minister to pass law by way of regulation. Regulations are not designed to create law, but are intended to give effect to law. Laws must be passed by parliament after a public participation process and after parliament has received the necessary expert advice on the nature, effect and extent of such legislation. Put simply, these proposals give far too much power to the Minister of Safety and Security and the police who are to enforce it and they are vague and undefined and extremely broad, which will result in injustice as well as irrational application of the law. Policeman should not be given unfettered or undefined discretions.

The police needs to disclose precisely what their policy is and to tell us what behavior or problem they are seeking to address. We must then assist them with constructive comment, to allow the law to be more precisely defined and to avoid any unintended consequences, which may result in unfair or illegal prosecutions.

We must also bear in mind the capacity of the police to implement any new legislation.

These comments are meant to be a broad summary and general comment on the proposals.

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Dangerous Weapons Act Comments  

Click here to download the Dangerous Weapons Act: Notice for public comments
Gazette Number 30717


Lazarides Judgement  

Click HERE for a link to the Lazarides Judgement

Firearm Facts  

The following is an advert that was placed by SAGA on 15 March 2007 in the Daily News, The Star and Die Burger.

Click here to view the advert FIREARM FACTS


Validity of Firearm Licences  

Statement issued by John Welch, SAGA Trustee (31 January 2006)

A private comment made during a lengthy conversation with a firearms enthusiast (and a reporter) was published in The Citizen - without being put into proper context. (A matter too complex for me to attempt to detail.)

The statement, made in my private capacity and NOT as an officer of the National Prosecuting Authority, read "...existing firearm licences are valid for life and the holders could not be prosecuted for refusing to renew them" was based on legal principles and past cases - which can be interpreted in contrasting ways.

Please DO NOT base any of your actions (or inactions) on that statement as it does NOT accurately reflect the legal position of firearm owners. As things stand at present, and as confirmed in a Press Statement by the Minister for Safety & Security, the current position is that firearm licences issued in terms of the 'old' (1969) Arms & Ammunition Act, and which were valid immediately before the commencement of the 'new' Firearms Control Act on 1 July 2004, remain valid for five years (until 30 June 2009) - unless terminated, cancelled or surrendered.

If you renew your 'old' licences within the deadlines laid down, that will be the end of the matter. If you do not renew on schedule, you will be required to (lawfully) dispose of such firearms on or before 30 June 2009. This means that if you wish to retain those firearms beyond 30 June 2009, you are required to renew their licences before the scheduled deadlines.

At present these deadlines are as follows:
For those with January to March birth dates - 31 March 2006;
For those with April to June birth dates - 31 March 2007;
For those with July to September birth dates - 31 March 2008; and
For those with October to December birth dates - 31 March 2009.

Of course, if he deems it necessary and/or desirable, the Minister may amend these deadlines by publishing new ones in an official notice in a Government Gazette.

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Unit Standard 117705  

The unit standard for the renewal of firearm licences is now registered as No. 117705.

All accredited training providers need to apply to SASSETA to extend their scope to include this new unit standard. Those that have already applied must, from 1 January 2006, train in terms of 117705. Those who apply in December have an additional window period until 28 February 2006 for their accrediation to be processed.

Information from SASSETA release dated 6 December 2005

See also Training

 

Hunting Licence Guidelines  


The following Guidelines were developed by the Hunting Associations - See information on this in SAGA News taken from November 2005 edition of Magnum.

GUIDELINES ON APPLICATION AND CONSIDERATION OF A LICENCE TO POSSESS A FIREARM FOR HUNTING PURPOSES

1. PURPOSE
The purpose of this document is to provide basic guidelines for applicants who apply to possess a firearm for hunting purposes in terms of section 15 (Occasional Hunting) and section 16 (Dedicated Hunting) of the Firearms Control Act, 2000 as amended (Act No 60 of 2000) (hereinafter “the Act”).

2. INTRODUCTION
2.1 The Act and the Firearms Control Regulations, 2004 provide for different categories of licences to be issued to legally possess firearms in South Africa.
2.2 The different categories specify the specific purpose for which a person can possess a firearm as well as the limitation on the number of firearms that a person may legally possess in South Africa.
2.3 All applications for a licence to possess a firearm are subject to the provision that the applicant must be in possession of a competency certificate issued in terms of the Act. An applicant may however simultaneously apply for a competency certificate and a firearm licence.

3. APPLICABLE LEGISLATION
3.1 As from 1 July 2004 a natural person may apply to possess a firearm for hunting purposes in terms of section 15 (Occasional Hunting) and section 16 (Dedicated Hunting) of the Act.

Section 15 of the Act reads as follows:
“(1) A firearm in respect of which a licence may be issued in terms of this section is any – 
(a) handgun which is not fully automatic;
(b) rifle or shotgun which is not fully or semi-automatic; or
(c) barrel, frame or receiver of a handgun, rifle or shotgun contemplated in paragraph (a) or (b)
and which is not a restricted firearm.”

3.2 An applicant may only possess four firearms which is inclusive of a firearm for self-defence (section 13) and an additional licence for a firearm (section 12).
3.3 A person may not hold more than one licence in respect of a handgun contemplated in section 15(1)(a) of the Act.
3.4 A firearm in respect of which a licence has been issued in terms of section 15 of the Act may be used where it is safe to use the firearm and for a lawful purpose.

Section 16 of the Act reads as follows:
“(1) A firearm in respect of which a licence may be issued in terms of this section is any –
(a) handgun which is not fully automatic;
(b) rifle or shotgun which is not fully automatic;
(c) any semi-automatic shotgun manufactured to fire no more than five shots in succession without having to be reloaded; or
(d) barrel, frame or receiver of a handgun, rifle or shotgun contemplated in paragraph (a) or (b)”

3.5 A firearm in respect of which a licence has been issued in terms of section 16 of the Act may be used where it is safe to use the firearm and for a lawful purpose”.
3.6 Regulation 13 of the Firearms Control Regulations, 2004 regulates the general provisions regarding the requirements applicable when a person applies for a licence to possess a firearm for hunting purposes in terms of the Act.

4. BASIC REQUIREMENTS TO APPLY FOR A FIREARM LICENCE

The following basic requirements apply when a person wishes to apply for a firearm licence for hunting:
4.1 The applicant must personally complete the relevant sections of the SAPS 271 (Application for a licence to possess a firearm) form in black ink. If the applicant cannot complete the application form, she/he must approach the Designated Firearms Officer responsible for the area in which the applicant ordinarily resides who will assist the applicant to complete the application form. The completed application form together with the under mentioned supporting documents must be hand delivered by the applicant to the Designated Firearms Officer responsible for the area in which the applicant ordinarily resides.
4.2 Two recent (not older than 3 months) colour photographs (passport size) which must
- show a full unobscured front view of the applicant’s head, face and shoulders and have a neutral background; and
- be to the dimensions of 32 mm (width) x 40 mm (height).
4.3 A certified copy of the page in the applicant’s official identity document or passport on which the applicant’s photo and particulars are reflected. (Applicant must show his /her original identity document or passport to the Designated Firearms Officer)
4.4 A certified copy of her/his competency certificate if available. (Applicant must show her/his original competency certificate to the Designated Firearms Officer)
4.5 A certified copy of the applicant’s permanent residence permit in the case of a non SA Citizen. (Applicant must show her/his original permanent residence permit passport to the Designated Firearms Officer)
4.6 An amount of R140.00 in cash or bank guaranteed cheque. Documentary proof (certified copy of Z263) of the payment of the prescribed fee to the financial officer at the police station, must be attached to the application.

5. DEFINITIONS

1 Mentor - An accredited hunting association or a Professional Hunter or a Dedicated Hunter who indicated willingness to mentor a novice hunter.
2 Purpose - The nature of the hunting that is intended (and will include the type of game and terrain).
3 Suitability - Description of how the attributes of the firearm suits the intended hunting purpose.
4 Endorsement - A solemn declaration, issued by an accredited hunting association, which will be sufficient proof that:
(a) the Applicant is a proven hunter; and/or
(b) confirming the firearm’s suitability for the purpose.
5 Proven Hunter - A person who has experience and knowledge of hunting and who is possibly a member of an accredited hunters association and who has shown the ability to hunt effectively, safely and lawfully.

6. MOTIVATION

A comprehensive motivation, substantiated by documentation, must accompany the application and should include the following:

6.1 A novice hunter, applying for a licence for occasional hunting purposes.
(a) A letter from a mentor
1 or proof of membership of an accredited hunting association.
(b) Purpose
2 for the firearm.
(c) Suitability
3 of the particular firearm.

6.2 An Occasional hunter without endorsement
4 from an accredited hunting association.
(a) Indication of being a proven hunter
5.
(b) Purpose
2 for the firearm.
(c) Suitability
3 of the particular firearm.

6.3 An Occasional hunter with endorsement
4 from an accredited hunting association.
(a) Endorsement
4 in respect of being a proven hunter 5.
(b) Endorsement
4 in respect of the purpose 2 and suitability 3 of the firearm.

6.4 A Dedicated hunter without endorsement
4 from an accredited hunting association.
(a) Certified copy of the valid Dedicated Hunter declaration from an accredited hunting association.
(b) Purpose
2 for the firearm.
(c) Suitability
3 of the particular firearm.

6.5 A Dedicated hunter with endorsement
4 from an accredited hunting association.
(a) Certified copy of the valid Dedicated Hunter declaration from an accredited hunting association.
(b) Endorsement
4 in respect of the purpose 2 and suitability 3 of the firearm.

6.6 A Professional hunter with endorsement
4 from a recognised professional hunting association.
(a) Endorsement
4 in respect of being a proven hunter 5.
(b) Endorsement
4 in respect of the purpose 2 and suitability 3 of the firearm.

7. RESPONSIBILITIES OF THE DESIGNATED FIREARMS OFFICER

7.1 The relevant Designated Firearms Officer will be responsible to inter alia process the application which will include the obtaining of a set of fingerprints of the applicant, inspection of safe storage facilities, verification of the content of the application form as well as the supporting documentation and the issuing of an acknowledgement of receipt (SAPS 523) to the applicant.
7.2 An acknowledgement of receipt ( SAPS 523 ) will only be issued if the application is duly completed and accompanied by all the required information and documentation and after the identity of the applicant on the required set of her or his fingerprints has been verified by the relevant Designated Firearms Officer.
7.3 The relevant Designated Firearms Officer will verify the existing licences that the applicant holds against the information contained in the central database.
7.4 Should an application, after it was accepted, be deemed to contain elements perceived to be vague or unclear; or should the application lack information necessary to be properly considered, the Designated Firearms Officer will inform the applicant such and facilitate the necessary correction to be made.

8. CANCELLATION OF AN APPLICATION FOR A LICENCE TO POSSESS A FIREARM FOR HUNTING

8.1 If an application is being processed and the applicant wishes to cancel the application, the applicant must complete and duly sign a SAPS 522 (Cancellation of application for a licence, permit, certificate or authorization) form and hand it to the relevant Designated Firearms Officer.
8.2 No payment is required when an application is cancelled.

9. ACCEPTANCE

Accepted by the Hunter’s Forum (Representing the Registrar of Firearms and all the accredited hunters associations in South Africa)

Signed 2 September 2005 T.P Venter Hunters Forum: Chairperson
Signed 2 September 2005 J. Kotzé Hunters Forum: Secretary

Signatories duly mandated by their respective organisations to sign this document on behalf of:
Signed Dir J Bothma - Central Firearms Control Registry
Signed JJ Kasselman - SA Hunters & Game Conservation Association (SAHGCA) Signed P van der Walt - Confederation of Hunters Associations of South Africa (CHASA)
Signed Dr Raoul van der Westhuizen - SA Wingshooters
Signed S. Dorrington - Professional Hunters Association of South Africa (PHASA)
Signed Prof H. Els - National Shooting Association (NSA)
Signed on behalf J Kotzé - Eastern Cape Game Management Association (ECGMA)
Signed A. Barger - Lowveld Hunters & Game Conservation Association
Signed Me. A Kritzinger - KZN Hunters & Game Conservation Association

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Poslec Call Centre Launched  

Poslec Seta has launched a call centre to answer queries. The number is:

0861 102 477


Unit Standard Revision  

The unit standards which are in place for handgun, shotgun and rifle training are being revised in line with their renewal dates. The drafts of the revised versions are now available for public comment on the SAQA website at www.saqa.co.za - search by number as follows:

Handle and Use a Handgun No. 119649
Handle and Use a self-loading rifle or carbine No. 119650
Handle and Use a manually operated rifle or carbine No. 119651
Handle and Use a Shotgun No. 119652

Deadline for comment is 1 July 2005.

See also Unit Standards on the Training page.

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Poslec Seta Press Release  

Thursday, 05 May 2005

MEDIA STATEMENT: PUBLIC NOTICE RELATING TO CERTAIN MALPRACTICES AND IRREGULARITIES EXPERIENCED WITH PROVIDERS OF FIREARMS TRAINING

Poslec SETA wishes to alert the public to the risk of falling victim to unscrupulous training providers and/or fraudsters. The following are examples of irregularities experienced:
§ Training providers offer training at premises not accredited by the Poslec SETA and/or the Central Firearms Registrar (CFR). These include church halls, community halls, farms, shooting ranges not approved by the South African Bureau of Standards (SABS), etc.
§ Proficiency assessments are conducted by unregistered (unauthorised) persons.
§ Training providers offer training for which they have not been accredited.
§ Unauthorised training providers misrepresent their identities or advertise under the auspices of accredited training providers.
§ Training providers allow learners to take home assessment questionnaires, complete them in an uncontrolled environment and then submit these back to the training provider, whereupon the training provider declares them competent. This is specifically true for the short course currently offered on the knowledge of the Firearms Control Act, 2000.

Poslec SETA and the CFR accredit firearms training providers to protect individuals from unscrupulous operators and potentially life-threatening training conditions, such as unsafe shooting ranges. When training providers operate outside the confines of the accreditation rules, Poslec SETA is forced to take action against such providers in order to protect the public.

Poslec SETA is investigating allegations of serious irregularities at two (2) education and training providers, one of which has ten (10) offices across the country, as well as allegations of misconduct, including fraud, on the part of nine (9) assessors and three (3) moderators. All the investigations are in relation to irregularities linked to training required in terms of the Firearms Control Act, Act 60 of 2000. If the allegations prove to be accurate, this may lead to de-accreditation and prosecution on criminal charges.

Individuals who have received training from an unauthorised training provider, or who were assessed by unregistered assessors, are cautioned that Poslec SETA will not issue any certificates for such training or assessment.

The public should note that:
§ Firearm training providers must be accredited with the Poslec SETA in terms of the South African Qualifications Authority Act, Act 58 of 1995, for the specific unit standards they are allowed to offer.
§ Firearms training providers must be accredited by the CFR in terms of the Firearms Control Act, 2000.
§ Firearms may only be discharged at SABS approved, CFR accredited, shooting ranges.
§ Training providers may only conduct training at Poslec SETA and CFR registered addresses. No training provider may conduct training or assessments at any other venues whatsoever and there are no exceptions.
§ Assessors must be registered with Poslec SETA for specific unit standards before they may conduct proficiency assessments. § Assessments cannot take place through the post or in any other uncontrolled environment.

Details of legitimate training providers as well as the unit standards for which they are accredited to offer are published on the Poslec SETA Web Site at http://www.poslecseta.org.za/firearms 
A list of training providers accredited by the CFR is available on the South African Police Service's Web Site at http://www.saps.gov.za/crime_prevention/firearms.htm

Candidates for firearm training are encouraged to consult these lists before engaging a training provider.

Anyone suspecting irregular actions on the part of a firearms training provider or assessor, should report the incident in writing to:
The ETQA Practitioner, Poslec SETA, P O Box 7612, Halfway House, 1685 or by e-mail to gunsmart@poslecseta.org.za

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Amnesty Extended  

SAPS MEDIA STATEMENT 2005-04-01

Extension of Firearm Amnesty in terms of the Firearms Control Act, 2000

The Minister for Safety and Security, Charles Nqakula, today announced the extension for another three months of the Firearm Amnesty which expired March 31, 2005.

The extended period runs from April 1 2005 until June 30, 2005. This decision was taken after consultation with top management of the Ministry and the South African Police Service (SAPS).

The announcement has been published in the Government Gazette, dated March 31, 2005.

The reason for the extension is based upon official statistics indicating significant increases in illegal guns being handed in over the last few days of March. During a 23 hour period ending 06.00 March 30, illegal guns handed in jumped by 14, 1%. (9,466 to 10,801) The following six hour period ending 12.30 the same day resulted in an even more dramatic increase of 13,2 % (10,801 to 12,235).

Given these trends it was therefore deemed appropriate to extend the amnesty to afford individuals and organizations an opportunity to surrender illegal firearms and ammunition without fear of prosecution for possession.

The Department for Safety and Security is satisfied with the response to the Firearm Amnesty up to March 31, 2005 and which resulted in 14, 987 illegal firearms and 22, 520 legally licensed firearms voluntarily handed and 8,683 confiscated by SAPS. This translates to a grand total of 46,190 firearms permanently removed from circulation.

The Minister called on all South Africans to take advantage of this gesture by Government and hand in illegal weaponry and ammunition as well as licensed firearms which they no longer wish to retain.

It should also be emphasised that any persons that know of individuals or organisations illegally possessing firearms, ammunitions or caches and fail to report this, are liable to prosecution. It is in their own interest to share such information with the police.

At the end of this extended amnesty period the South African Police Service will pursue vigorously those unlawfully in possession of firearms and ammunition.

Trevor Bloem
Director: Media Liaison
082 778 3561

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SAGA News Update  

News from the Battlefield
By Martin Hood
Taken from Magnum Magazine April 2005

It has been quite a while since I last managed to find time to write a short SAGA News report but, with all that has been happening on the battlefield (and in my office), I have been kept rather busy of late. Mea culpa.

The good news, however, is that the SAGA office has been doing a great deal to assist members with their queries and problems. Special thanks to Sanet who has ‘laboured on’ tirelessly despite the fact that her baby was born in the middle of March – our best wishes and congratulations. During Sanet’s maternity leave, the office will be temporarily fronted by Danielle who will be routing the difficult questions on to Gail, or Bruce Shaw, or myself, or whoever else can assist. In view of the present flood of queries arising from the implementation of the new Act, I must ask members with web access to visit SAGA’s website to check if the answer to their problem already appears in the FAQ (frequently asked questions) section. By doing this you will help reduce the pressure on Danielle who is not au fait with the Act and its attendant problems and who will have more than enough on her plate with straightforward membership administration.

Some of the questions that I and the SAGA office are asked are real mind-benders and have contributed greatly to our insight into the Act as well as  alerting us to shortcomings that we may not yet have discovered. Many of the issues that we are confronted with are real day-to-day ‘actuality’ problems arising out of police misunderstanding or misapplication of the Act. If your question cannot be answered from the website (or the SAPS ‘help-line’ on 012-353-6111), please phone the office and give Danielle a short ‘brief’ on your problem and she will pass your query on for further attention. Please be patient – we admit to being somewhat ‘stretched’ at present.

Whenever possible/practical, we do try to obtain ‘official answers’ in writing from the SA Police Services. Unfortunately, perhaps because such answers can be used to help and protect all firearm owners, the Central Firearms Registry seems reluctant to commit themselves to firm, clear answers and often does not respond to correspondence. This process is ongoing and I can vouch for the number of queries SAGA receives because of all the telephone calls and e-mails I receive on a daily basis. I do try to attend to them all; if I haven’t for some reason answered your specific query I do apologize. (Sanet and Gail face the same difficulties.)

One other important matter. Although SAGA tries to protect the rights and serve the interests of all gun owners, it has to put its members first – after all it is their membership fees that make SAGA’s existence a reality. So, we believe it is only fair to ask those who make direct use of our services to reciprocate by joining and thus helping to fund our battle­field operations. Although SAGA’s main activities and achievements help protect the rights of all gun owners – whether they ever need to call the office or not – we rely almost entirely on membership fees to keep operating. We have, thus far, managed to keep our membership fees extremely modest – a fraction of the cost of most clubs and associations. However, we do need funds, and members, to become more effective and to expand our activities.

After the rejection of our (joint) High Court application in June 2004, the Act was pushed through and is being (more or less) implemented – notwithstanding its many deficiencies. SAGA liaises with various sections of the SA Police Services on a regular basis – including meetings with the Central Firearms Registry and with SAPS officials on a local level in Durban, Cape Town and in Gauteng. In fairness to those on the ground, many police service members have shown good faith and willingness in assisting firearm owners in coming to grips with the Act, and many of them have told us (unofficially) about their misgivings about the Act and the difficulties that they are experiencing with the implementation thereof. During this time, SAGA has actively communicated with all the major shooting associations both formally and informally. A representative of SA Hunters/Jagters, for example, personally visited the SAGA office to provide input into the Unit Standard for licence renewals (more of which below) and the Unit Standard for dedicated hunting as required by the Act.

Regular meetings have taken place with the SA Arms and Ammunition Dealers Association as well as the Clay Target Shooting Association, the Collectors’ Association, SA Wingshooters, etc. In addition to this, public addresses have been given to a number of organizations and clubs. SAGA has also included the Security Association of South Africa and the Security Industry Alliance in its lines of communication because these organizations share common difficulties with the Act.

An activity that SAGA is constantly involved in, is the work that SAGA representatives do in the press/radio/TV. SAGA has worked long and hard over the past few years to establish cordial relationships with members of the various media to try to ensure fair, accurate and balanced reporting of firearm matters. I was thus not too surprised when Business Day’s Peter Bruce (who is not known for his ‘pro-gun’ views) unequivocally stated in a recent editorial that the Firearms Control Act will fail if not properly implemented and that this was a very real possibility. We believe that some of the more enlightened/balanced articles published lately came about – at least partly – as a result of our efforts to inform journalists about the effects of the Act and some of its long term consequences and thus giving them a fresh perspective of what is happening.

Of course, a whiff of mismanagement and/or bad judgement (of almost any kind – business, political or governmental) is a perfume that few journalists can resist. We must therefore share some of the ‘credit’ with the government’s inability to properly implement the Act. SAGA’s focus at present is not on the content of the Act (although it is still open to future legal challenges) but on the fact that the SAPS is, unsurprisingly, not able to implement its provisions and give citizens the good ‘service delivery’ they are entitled to expect.

Another example of our successful forays into the media was the Carte Blanche programme in November 2004. This programme had been mooted for time with Carte Blanche and the subsequent 10 minute insert took lots of hard work and three weeks to plan and execute. The reporting was fair and the South African Police Services did themselves no favours in their response.

In December 2004, SAGA was given very short notice of the South African Quali­fications Authority’s (SAQA) proposed Unit Standard for licence renewals. SAGA immediately distributed this information as widely as it could to relevant stakeholders – with the request that urgent comment be made to SAQA on the contents. The Unit Standard, apparently drafted in haste by the Central Firearms Registry in conjunction with members of the Standards Generating Body (predominantly police and military officials) was extremely problematic. This Unit Standard, necessary for all licence renewals, should have been established and publicized well before the ‘licence renewal’ provisions of the Act were put into operation – hence the extreme urgency.

If the SAPS had had their own way, there would have been no consultation with firearm owners and users organizations – the Unit Standard would simply have been rammed down our throats as a fait accompli. There would then have been very little that we could do about it, short of long and expensive court challenges.

SAQA saw the light, however, and after vociferous protest from SAGA and submissions from SAGA members, members of the SA Firearms Forum and other organizations and individuals, a workshop was held to discuss the Unit Standard. It was obvious that the authority was under great pressure – the re-licensing process had already started and technically no licences could be renewed. As a result of input from SAGA, collectors, dealers, sport shooters and hunters, substantial improvements were made in very short order. The process of engaging the qualifications authority is ongoing and SAGA has been asked to assist with the redrafting of the Unit Standard for Civilian Firearm Training.

The comment and contributions were generally of an excellent standard and it shows that, when faced with situations like this, SAGA and other organizations can draw on the talent (not to mention know­ledge and experience) of their members at pretty short notice – for the benefit of all.

By the time you read this the AIM Show would have come and gone and the mini indaba to which SAGA invited represen­tatives of all the main hunting and shooting associations will have deliberated and, we trust, made some more progress in planning future co-ordinated actions and strategies to improve the lot of harassed firearm users. I will try to keep you informed…

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Appeals Board Update  

25 January 2005

The Appeals Board is once again meeting. If you have any queries about an outstanding appeal or future appeal please contact them on:
telephone (012) 353-6264 / 353-6252 or fax (012) 353-6269 or 
by post to: The Chairperson, Appeals Board, Private Bag X811, Pretoria, 0001.


Appeal Board Firing Again 
The Star, January 17, 2005

The Firearms Appeal Board has been reconstituted after more than six months of inactivity, after the resignations of many of its members.

Minister of Safety and Security Charles Nqakula met last week with newly appointed members of the Firearms Appeal Board in Pretoria.

This comes after the board had been inactive for nearly six months because it had no chairperson and members, causing a huge backlog in appeals by people who had their gun licences turned down. 

Safety and Security spokesperson Trevor Bloem said Nqakula had wished the board well in their "challenging task" of dealing with the backlog and reviewing appeals.


The board considers appeals against the refusal of firearm licences, permits, authorisations, and unfit declarations by the police.

The new board consists of retired judge Joshua Khumalo (chairperson), advocate Sindile Majokweni, advocate Zanele Nhlanyisa and magistrate Patrick Mongwe. - Staff Reporter.

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Amnesty Information  

The Minister has declared an amnesty against prosecution, from 1 January 2005 to 31 March 2005, for the surrender of firearms and/or ammunition and/or firearm parts, which are not held legally and which have not been used in the commission of a crime e.g. if you have an inherited firearm that has never been licenced in your name.

Such firearms, ammunition and parts can be handed in at any police station where form SAPS 522(a) “Surrendering of firearm item(s)” will be completed and you will be issued with a receipt.

All firearms handed in during an amnesty will be ballistically tested, and if they were used in the commission of a crime you will be prosecuted.

You may apply for licences for firearms surrendered in an amnesty within 14 days of surrendering them, by following the usual licencing process. If the licences are granted, the firearms will be returned to you.

In terms of the legislation all other firearms, ammunition and parts surrendered in an amnesty must be disposed of by the State within six months of the expiry of the amnesty or the licence refusal.

Such an amnesty will not include any firearms licenced to you but no longer in your possession - for whatever reason.

Note: Legal firearms can be surrendered to the police at any time. This amnesty is an opportunity for unlicenced firearms to be surrendered.

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Amnesty Announced  

Government Gazette No. 27006 dated 26 November 2004

Declaration of an Amnesty in Terms of Section 139 of the Firearms Control Act, 2000 (Act No. 60 of 2000)

By virtue of the powers vested in me by section 139(1) of the Firearms Control Act, 2000 (Act No. 60 of 2000), I, Charles Nqakula, Minister for Safety and Security, hereby declare an amnesty as defined in section 138 of the said Act. Under section 139(2)(b) of the Firearms Control Act, 2000, I determine the period during which persons may apply for amnesty to commence on 1 January 2005 until 31 March 2005. Under section 139(2)(c) of the Firearms Control Act, 2000, I determine the conditions under which amnesty be granted, to be as follows:

(a) 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 the type, caliber, make, model and all marked serial numbers or other indentification marks on the firearm or particulars of the ammunition;

(b) the firearm or ammunition concerned must be surrendered by the applicant to a member of the South African Police Service on duty at any police station and such a member must issue a receipt in respect of such firearm or ammunition to the applicant; and

(c) the applicant for amnesty must, when surrendering the firearm or ammunition, notify the relevant Designated Firearms Officer in writing if he or she intends to apply for a licence to possess the firearm or ammunition, as contemplated in section 139(4) of the Firearms Control Act, 2000 and lodge the application within 14 days from the date on which the firearm or ammunition was surrendered (the relevant Designated Firearms Officer has the meaning assigned to it in the Firearms Control Regulations, 2004, and particulars of the nearest Designated Firearms Officer may be obtained from any police station).

I further determine that the South African Police Service must act in accordance with the provisions of Regulation 93(4)(a) of the Firearms Control Regulations, 2004, if an application contemplated in paragraph (c) is not duly lodged or not lodged within the specified period and test all firearms surrendered in terms of this amnesty ballistically.

Signed: C Nqakula, Minister for Safety and Secrity

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DA Press Release  

STATEMENT ISSUED BY ROY JANKIELSOHN MP
DA SPOKESPERSON ON SAFETY AND SECURITY

SAFETY AND SECURITY MINISTER MUST BE MORE ACCOUNTABLE FOR HIS DEPARTMENT

It is unfortunate that the Minister of Safety and Security will not be answering questions on the chaotic implementation of the Firearms Control Act (FCA) on Friday. This would have also been a crucial opportunity for him to deal with the many concerns regarding the Central Firearms Registry, which have become even more pressing following recent media allegations of irregularities and possibly even corruption. The reason given for the cancellation of his meeting is that he has to be in the National Assembly to deal with the Anti-Terror Bill.

The Minster has not attended a single meeting of the parliamentary oversight committee since the new committee was formed after the April election. This poses question marks over his commitment to the democratic principles of transparency and accountability. It also appears that the committee does not have the political will to enforce its oversight responsibilities by holding the Minster to account. The committee also refused to entertain a DA proposal to force the Minister to release crime statistics on a more regular basis.


The DA has received a number of complaints from the public regarding issues relating to the FCA which have to be answered by the Minister. These include backlogs of licenses, the lack of a functioning Appeal Board, the limited number of accredited training institutions, shortages of personnel and vehicles at the various local licensing centres, the belligerent attitude of the head of the Firearms registry and the negative economic impact and job losses associated with the implementation of the FCA.

With parliament closing next week the public still do not have answers to these questions before the mass renewal of almost 4 million licenses begins in January 2005.

FURTHER INFORMATION: ROY JANKIELSOHN 082 562 4120
MEDIA LIAISON: ROBERT MACDONALD 072 638 7710

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Black Powder  

Issued By: South African Police Service

CONDITIONS FOR THE ACQUISITION, TRANSPORT, STORAGE AND USE OF BLACK POWDER FOR PERSONAL USE

[Issued in terms of the Explosives Regulations of 1972, framed under Section 30 of the Explosives Act, 1956 (Act no 26 of 1956)]

The purpose of this document is to provide conditions for the acquisition, transport, storage and use of black powder for personal use as propellant in muzzle loaders, reloaded cartridges and other black powder firearms.

1. Definitions

The following definitions will apply:

“antique firearm” means any muzzle loading firearm manufactured before 1 January 1900, or any replica of such a firearm, as defined in section 1 of the Firearms Control Act, 2000 (Act No 60 of 2000).

“black powder” means a substance consisting of an intimate mixture of charcoal or other carbon and either potassium nitrate or sodium nitrate, with or without sulphur, and gunpowder has a similar meaning. Such black powder is limited to those grades approved for sporting use only, and must be packed in containers approved by the Chief Inspector of Explosives. Black powder substitutes such as ‘Pyrodex’ are included.

“muzzle loading firearm” means any rifle, shotgun or pistol, which is designed to use black powder or black powder substitute, which is loaded through the muzzle and cannot use fixed ammunition.

“personal use” means the use of black powder in an antique firearm or other licensed firearm by a registered black powder user, or under his or her direct supervision, and includes the reloading of black powder cartridges.

“registered black powder user” means a person of 18 years and older, registered by the Chief Inspector of Explosives to acquire, transport, store and use black powder and who is in possession of a valid permit.

2. Registration of Black Powder Users

Any person who intends to acquire, transport, store and use black powder for personal use, must be registered as a black powder user by the Chief Inspector of Explosives.

The following documentation must be submitted:

a. Original completed application form for registration.
b. Certified copy of the first page of the applicant’s identity document.
c. Original antique firearm status certificate issued by a gunsmith registered in terms of the Arms and Ammunition Act or Firearms Control Act.
d. If the applicant does not have any other valid firearm licences, an original set of fingerprints on form SAPS 91(a), together with a certified copy of a receipt for the amount prescribed for a criminal record clearance (currently R29-00), or the original. Fingerprints must be taken and the prescribed fee paid at the applicant’s nearest SAPS Community Service Centre.

Details of antique and other black powder firearms are only required for record purposes and to support the necessity to use black powder.

Applications may be submitted to the Chief Inspector in the following ways:

By post: The Chief Inspector of Explosives, Private Bag X624, Pretoria, 0001
By hand: Annex Building, Department of Land Affairs, 184 Jacob Maré Street, Pretoria.
At the nearest Explosives Unit (see list)

Registration of licensed firearm owners will normally take place within ten (10) working days after receiving the original application at the Chief Inspector’s office. Registration of persons who do not have any other valid firearm licences depends on feedback from the Criminal Record Centre, and may take up to eight (8) weeks to finalise.

Upon registration a letter of permission to acquire, transport, store and use black powder, will be issued to the applicant which will allow him/her to store a maximum of one (1) kilogram of black powder at the premises specified on the permit. This permit will be returned by standard post to the applicant, but may be collected by hand if pre-arranged.

3. Transport
(Issued in terms of Regulation 6.49 of the Explosives Regulations, 1972)

Registered users must apply for a transport permit to acquire and transport not more than one (1) kilogram of black powder from the nearest supplier to his/her specified physical address on form SAPS 408(a).

Applicants may also apply to acquire percussion caps on the same application form. Black powder must be kept away from percussion caps during transport.

The original application form may be submitted to the Chief Inspector’s office or at the nearest Explosives Unit. Persons wishing to obtain a transport permit on the application date, are advised to make an appointment with the local inspector of explosives.

A transport permit will be issued free of charge for not more than one (1) kilogram of black powder in a single, once-off consignment.

No permit is required to transport black powder between the place of storage and place of use. Registered users may keep a copy of their storage permits together with a copy of these conditions at hand, for information to any authorized person, e.g. police or traffic official, who may stop and search a vehicle.

Black powder must be transported in its original container when being transported from the supplier to the registered premises for storage.

Black powder may be transported in smaller suitable containers such as non-sparking horns, flasks and powder measures, between the place of storage and place of use.

All reasonable steps must be taken to prevent theft or unauthorized access during transport.

The original used transport permit must be returned to the Explosives Unit where application is made for a new permit.

A maximum of five (5) kilograms of black powder may be transported in a private vehicle where more than one black powder user travel together. Such a vehicle is exempted from the Chief Inspector of Explosives’ licensing requirements and the dangerous goods road transport requirements in terms of the National Road Traffic Act and Regulations.

4. Storage
(Issued in terms of Regulation 8.25 of the Explosives Regulations, 1972)

Black powder not being used, must be stored in its original container, in a locked safe, strongroom, lockable steel cabinet or sturdy cupboard at the specified address.

The original storage permit must be kept in or near the storage facility.

A maximum of three (3) kilograms of black powder may be stored where more than one registered black powder user intends to store their powder on the same premises.

All reasonable steps must be taken to prevent unauthorized access to black powder or percussion caps.

Percussion caps must be stored separate from black powder.

5. Use
(Issued in terms of Regulation 10.33 of the Explosives Regulations, 1972)  

Black powder obtained in terms of these conditions may only be utilized for personal use and in accordance with the firearm and powder manufacturers’ specifications.

NB: Black powder is an explosive and poses certain hazards. Users are advised to join professional black powder associations and clubs which will provide them with safety guidelines and procedures.

6. Destruction and Disposal of Redundant Black Powder

The local inspector of explosives must be contacted for advice whenever any redundant or ‘old’ black powder must be destroyed or disposed of.

7. General

The Chief Inspector must be notified immediately of any of the following:

When black powder or percussion caps are stolen or lost;
When an accident occurred during the transport, storage or use of black powder; and
When there is a change of information of registered users, e.g. address, new black powder firearms obtained, etc.

Written requests for any deviation from these conditions must be properly motivated and submitted to the Chief Inspector.

The Chief Inspector, the State and/or its employees shall in no way be liable for the damage, loss or injury sustained by any person or persons which in any way, may be attributable to the use of explosives in accordance with these conditions or otherwise.

Explosive Units

Head Office – Pretoria - Inspector of Explosives: Sup JJ van Staden
Annex Building, Department of Land Affairs, 184 Jacob Maré Street, Pretoria
Tel (012) 393-2763 Fax (012) 323-1711  

Western Cape

Cape Town - Inspector of Explosives: Sup BE Posthumus
Sunrise Complex, Jan Smuts Drive, Maitland
Tel (021) 506-2192 Fax (021) 506-2199  

Mossel Bay - Inspector of Explosives: Sup GJE Coetzee
Room 225, Plaza Aquada, 55 Marsh Street, Mossel Bay
Tel (044) 690-3771 Fax (044) 690-3774  

Paarl - Inspector of Explosives: Capt E Lourens
53A Main Street, Paarl
Tel (021) 863-1040/1 Fax (021) 836-1044  

Eastern Cape

East London - Inspector of Explosives: Sup IPG Ferreira
12 St Peters Road, Southernwood, East London
Tel (043) 722-4080 Fax (043) 722-4080

Grahamstown - Inspector of Explosives: Sup L Coetzee
51A Hill Street, Saamspan Building, Grahamstown
Tel (046) 622-3821 Fax (046) 622-3827  

Queenstown - Inspector of Explosives: Capt MG Gaqavu
78 Cathcart Road, Queenstown
Tel (045) 838-3878 Fax (045) 838-3877  

Port Elizabeth - Inspector of Explosives: Sup R Kunneke
Stone Street, Nashua Building, 3rd floor, North End, PE
Tel (041) 487-3177 Fax (041) 487-3176  

Umtata - Inspector of Explosives: Sup TT Zimela
Police College, Umtata
Fax (047) 505-5199

Northern Cape

Kimberley - Inspector of Explosives: Sup MV Khotha
51 George Street, Record Engineering Building, Kimberley
Tel (053) 838-5604 Fax (053) 831-6460

Springbok - Inspector of Explosives: Sup WD Kotze
Magasyn Street, Springbok
Tel (027) 712-3667 Fax (027) 712-2684  

Kuruman - Inspector of Explosives: Insp K van Wyk
7 Rose Avenue, Kuruman
Tel (053) 712-3649 Fax (053) 712-2965  

Upington - Inspector of Explosives: Insp LV Louw
Unex Building, 1st floor, 36 Scott Street, Upington
Tel (054) 337-3404 Fax (054) 332-3259  

De Aar - Inspector of Explosives: Insp Nel
20 Station Street, Sequira Building, De Aar
Tel (053) 632-6400 Fax (053) 632-9407

Vryburg - Inspector of Explosives: Insp WJ Nel
Corner Mark & De Kock Street, Vryburg
Tel (053) 927-1145 Fax (053) 927-1282  

Gauteng

Krugersdorp - Inspector of Explosives: Sup CJ Bezuidenhout
118 Commissioner Street, Krugersdorp
Tel (011) 951-1101 Fax (011) 951-1183  

Germiston - Inspector of Explosives: Sup L Botha
165 Meyer Street, Germiston
Tel (011) 871-5627 Fax (011) 871-5625  

Vereeniging/Sasolburg - Inspector of Explosives: Sup FP van der Walt
Corner Voortrekker & Stanley Street, Vereeniging
Tel (016) 450-2120 Fax (016) 450-2125  

Soweto - Inspector of Explosives: Sup EJ Wiedeman
Indaba Street, Protea, Soweto
Tel (011) 986-9951 Fax (011) 986-9550  

Pretoria - Inspector of Explosives: Capt DS Stidwell
39 Glynn Street, Colbyn, Pretoria
Tel (012) 342-9091/2/3 Fax (012) 342-9095  

Free State

Bloemfontein - Inspector of Explosives: Capt ME Sono
Corner Aliwal & Fontein Street, Bloemfontein
Tel (051) 507-6620 Fax (051) 507-6082

Welkom - Inspector of Explosives: Sup CM Rautenbach
St Helena, Welkom
Tel (057) 391-6866 Fax (057) 391-6835

Bethlehem - Inspector of Explosives: Capt A Castelyn
32 High Street, Bethlehem
Tel (058) 307-5911 Fax (058) 303-7168  

Mpumalanga

Secunda - Inspector of Explosives: Sup PJ Oelofse
SAPS Building, 1 Steenkamp Street, Secunda
Tel (017) 624-2079 Fax (017) 624-2086  

Nelspruit - Inspector of Explosives: Capt P Roodt
SAPS Building, 15 Bester Street, Nelspruit
Tel (013) 759-1155 Fax (013) 759-1170  

Middelburg - Inspector of Explosives: Insp D van der Merwe
SAPS Building, 22 Joubert Street, Middelburg
Tel (013) 249-1740 Fax (013) 249-1741

North West

Potchefstroom - Inspector of Explosives: Sup F Crause
Santamtrust Building, 41 Potgieter Street, Potchefstroom
Tel (018) 299-7795 Fax (018) 299-7865  

Mafikeng - Inspector of Explosives: Sup MP Gopane
Vryburg Road, Mafikeng
Tel (018) 397-0067 Fax (018) 381-0123  

Rustenburg - Inspector of Explosives: Insp PH van der Merwe
125 Burger Street, Rustenburg
Tel (014) 509-4287 Fax (014) 590-4291  

Brits - Inspector of Explosives: Capt MAS Pretorius
Corner Court & Kerk Street, Brits
Tel (012) 252-5966 Fax (012) 252-6584  

Limpopo

Polokwane - Inspector of Explosives: Sup PB Grimbeek
Plot 41, Myngenoegen, Polokwane
Tel (015) 263-6690/1/2 Fax (015) 263-6993

Modimolle - Inspector of Explosives: Insp J Herbst
Limpala Building, 100 Potgieter Street, Ground floor, Room 1, Modimolle
Tel (014) 718-7683 Fax (014) 718-7683  

Musina - Inspector of Explosives: Capt J Swarts
Beitbridge Border Post, Police Building, Office 1-3, Musina
Tel (015) 534-7458 Fax (015) 534-7421  

Tzaneen - Inspector of Explosives: Capt J Ehlers
Corner Danie Joubert & Agatha Street, Joubert Hoek Centre, 4th floor, Tzaneen
Tel (015) 306-2091 Fax (015) 306-2097  

Thohoyandou - Inspector of Explosives: Insp TS Nemusibi
SAPS Station, 2nd floor, Mpefu Street, Thohoyandou
Tel (015) 960-1023 Fax (015) 960-1141  

KwaZulu-Natal

Durban - Inspector of Explosives: Sup CD du Randt
4 Balance Road, Stamford Hill, Durban
Tel (031) 312-1490/99 Fax (031) 312-1536  

Pietermaritzburg - Inspector of Explosives: Sup RJ Botha
231 Loop Street, Pietermaritzburg
Tel (033) 845-2727 Fax (033) 845-2727  

Newcastle - Inspector of Explosives: Capt AW van Staden
7 Industria Road, Newcastle
Tel (034) 312-4252 Fax (034) 312-4293  

Umfolozi - Inspector of Explosives: Insp G Joubert
29 Copper Corner, Alton, Richards Bay
Tel (035) 901-5915  

Umzimkulu - Inspector of Explosives: Insp S Joubert
40 Bissett Street, Port Shepstone
Tel (039) 682-3688 Fax (039) 682-3685  

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SAPS Postpone Amnesty  


MEDIA STATEMENT FROM THE MINISTRY FOR SAFETY AND SECURITY
Pretoria : 2004-09-30

Postponement of Firearm Amnesty period

On Monday 20 September 2004 the Minister for Safety and Security, the Honourable Charles Nqakula, announced that an amnesty on the unlawful possession of firearms and/or ammunition would take place between 1 October and 29 December 2004.

The purpose of an amnesty is to allow persons to hand illegal firearms and/or ammunition in at a police station without fear of being prosecuted for the unlawful possession of such firearm(s) and/or ammunition.

Since the announcement several complaints have been received about the dates of the amnesty and various persons have been calling for a postponement.

Minister Nqakula has decided that the amnesty should be postponed. The amnesty will, therefore, not start on Friday 1 October 2004 as previously announced.

Minister Nqakula will meet with various role players within the South African Police Service on Monday 4 October 2004 in order to decide on the way forward.

It should be noted that the postponement of the amnesty does not prevent owners of legally licensed firearms - who no longer want those firearms - from handing them in at a police station.  

Issued by Les Xinwa : 082 446 6836.

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Comment on Black Gun Owners' Association  
 

A number of members have asked if they should support projects of the Black Gun Owners’ Association, whether SAGA is doing so, who is behind the BGOA, etc, etc.

SAGA representatives have had a number of meetings with Mr Abios Khoele and believe that his heart is in the right place and that BGOA has the potential to be an effective player in the battle for more practical and sensible legislation and regulation.

Because of this belief SAGA has freely offered some advice, general and strategic information, and other non-financial assistance - including putting BGOA into contact with sponsors who have come up with financial assistance to help BGOA find its own feet.

We must record that SAGA has deemed it advisable NOT to contribute cash as it is important that BGOA remains, and is seen to remain, an independent body and not ‘just another front’ for white commercial interests. The last phrase is particularly important because we know government, having already been ‘stung’ on a number of occasions/issues, is looking very closely at black ‘credentials.’

SAGA has no problem with members supporting BGOA in any way they feel appropriate, but that must be your own decision. Although our respective ‘births’ spring from much the same source (unduly restrictive ‘controls’ and poor administrative treatment/service), it appears that BGOA’s strategies, tactics and policies will often differ from SAGA’s.

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Firearms Amnesty  

MEDIA STATEMENT BY THE DIVISIONAL COMMISSIONER: CRIME PREVENTION COMMISSIONER M W MAKHUBELA: SOUTH AFRICAN POLICE SERVICE
23 September 2004

DECLARATION OF AMNESTY BY THE MINISTER FOR SAFETY AND SECURITY, MR CHARLES NQAKULA ON 20 SEPTEMBER 2004

The South African Police Service is again through the implementation of the New Firearms Control Act, Act no 60 of 2000, strongly urging the community in general to contribute in its quest of making South Africa a more safer place for everyone. The Act which attracted a lot of attention countrywide is aimed at helping the police to effectively control firearms in South Africa. The Act does not only promote responsible firearm ownership but further ensures that a person is competent to possess a firearm.

It is now common knowledge that South Africa has a large pool of illegal firearms in circulation. The availability of these illegal firearms is adversely contributing towards the commission of serious and violent crimes as well as contact crimes in South Africa.

The decrease in crimes accounted for under robbery with aggravating circumstances e.g. car-jacking, hijackings of trucks, robbery of cash-in-transit and bank robberies in the last financial year, that is, 2003/2004 is welcomed by all, but the South African Police Service is optimistic that this decrease can further be brought down. This mission can only be accomplished if all of us can be prepared to confront the scourge of illegal possession of firearms and ammunition by meaningfully contributing towards the successful implementation of the new Firearms Control Act , Act 60 of 2000 which was announced by the Minister for Safety and Security on 21 June 2004 in Cape Town.

The declaration of an amnesty in terms of the above Act on the 20th September 2004 by the Minister for Safety and Security, Mr Charles Nqakula further demonstrates the Department's commitment of ridding the country of the scourge of illegal firearms. This amnesty means an indemnity against prosecution for the unlawful possession of a firearm or ammunition. However it must be stressed that this amnesty concerns only the unlawful possession and or ammunition; therefore, any other offence committed with these firearm(s) will not be included within this amnesty and perpetrators of suc