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| DESTRUCTION OF FIREARMS NOTICE National Commissioner: South African Police Service 14th December 2009 | |
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GOVERNMENT GAZETTE, 14 DECEMBER 2009 No. 32812 GOVERNMENT NOTICE SOUTH AFRICAN POLICE SERVICE 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
BH Cele
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| AMNESTY NOTICE Minister of Police 25th November 2009 | |
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GOVERNMENT GAZETTE, 25 NOVEMBER 2009 No. 32738 GOVERNMENT NOTICE DEPARTMENT OF POLICE
DECLARATION OF AN AMNESTY IN TERMS OF
SECTION 139 OF THE FIREARMS By virtue of the powers vested in me by section 139(1) of the Firearms Control Act, 2000 (Act No. 60 of 2000), I, Emmanuel Nkosinathi Mthethwa, Minister of Police, 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 11January 2010 until 11 April 2010. Under section 139(2)(c) of the Firearms Control Act, 2000, I determine the conditions under which amnesty is granted, to be as follows: (a) Illegally possessed firearms can be handed to the member on duty at any police station (b) If any person who is illegally in possession of a firearm and who surrenders the firearm in terms of this amnesty, wishes to apply for the licensing of that firearm as contemplated in section 139(4) of the Act, the following procedure must be followed‑ (i) a written application for amnesty by the 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 identification marks on the firearm or particulars of the ammunition; (ii) 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; (iii) 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)(a) of the Firearms Control Act, 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); and (iv) 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 subparagraph (iii) is not duly lodged or not lodged within the specified period. Proper audit processes must be put in place to ensure the auditing of the records of all firearms, surrendered in terms of this amnesty. Persons who wish to voluntarily surrender a licensed firearm may not surrender it through this amnesty process, but must follow the procedures provided for In regulation 94 of the Firearms Control Regulations, 2004. signed EN
Mthethwa MP Minister of Police Back to Contents at Top of Page
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| SAPS Compensation Guidelines 13th November 2009 | |
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GOVERNMENT NOTICE
DEPARTMENT OF POLICE ESTABLISHMENT BY THE MINISTER OF POLICE OF GUIDELINES FOR COMPENSATION UNDER SECTION 137(5) OF THE FIREARMS CONTROL ACT, 2000 (ACT NO.60 OF 2000) 1. I, Emmanuel Nkosinathi Mthethwa, Minister of Police, hereby, with the approval of the Minister of Finance, establishes under section 137(5) of the Firearms Control Act, 2000 (Act No. 60 of 2000), the following guidelines for compensation of persons whose firearms have been surrendered or forfeited, other than those referred to in sections 134, 135 and 136 of the Act. 2. These guidelines are
not applicable to firearms which have been voluntary surrendered for
destruction to the South African Police Service in the period between 1
July 2004 and 30 June 2009- 3. These guidelines shall apply to firearms referred to in section 149(3) of the Firearms Control Act, 2000. Notwithstanding paragraph 2 above, I hereby determine that if the Registrar decides that a particular firearm needs to be kept by the South African Police Service for forensic- and other training, research or heritage reasons; and will therefore not be destroyed, that the owner whose firearm was voluntarily surrendered for destruction must be compensated in accordance with these guidelines. In such a case the Registrar must notify the person concerned of the intention not to destroy the firearm and provide the person with the prescribed application form for compensation. Any application for compensation pursuant to a notification by the Registrar, as referred to in this paragraph, must be submitted to the Registrar within 30 working days from the date of notification by the Registrar. 4. I will appoint a Panel of at least three independent valuators. The Registrar must have the firearms in respect of applications where the applicant is not satisfied with the flat rate valuated by the Panel. Such applicant for compensation shall be entitled to compensation in accordance with the valuation determined by the Panel, subject to the maximum amount of compensation determined in these guidelines for the relevant category of firearm. The costs incurred to obtain such valuation must be deducted from the compensation payable to the applicant. 5. Taking into
account the - 6. I hereby determine
that the flat rate and the maximum amount of compensation paid in
respect of a particular firearm may not exceed the following: 7.
The maximum amount of compensation which may be paid in respect of any
firearm, irrespective of an evaluation by the Panel, shall be the
following: 8. In the case where compensation is to be paid, such payment must be effected from the allocated budget of the Department of Police. 9. The payment must be effected within 90 (ninety) working days from the date of determination by the Registrar of the amount of compensation, or within the same period after an appeal has been upheld. I approve of these guidelines. P GORDHAN Approved and signed on this 30th day of October 2009. signed EN Mthethwa MINISTER OF POLICE Back to Contents at Top of
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| 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 |
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| SAPS Directive 6 August 2009 | |
Click Here to download a PDF of this Directive Click Here to download a PDF of the Annexure declaration (Please note this is not a good copy - as soon as we have a better version it will be upgraded) South African Police Service CONDUCTING OF SAFE INSPECTIONS: APPLICATIONS FOR THE RENEWAL OF FIREARM LICENCES IN TERMS OF THE FIREARMS CONTROL ACT, 2000 (Act No. 60 of 2000) 1. Regulation 86 of the Firearms Control Regulations, 2004 stipulate that when a firearm is not under the direct personal and physical control of a holder of a licence, permit or authorization to possess the firearm, the firearm and its ammunition must be stored in a safe or strongroom that conforms to the prescripts of SABS Standards 953-1 and 953-2, unless otherwise specifically provided in the Firearms Control Regulations, 2004. 2. It is imperative and necessary in terms of regulation 86 (11) (a) that where storage of a firearm, other than a firearm licenced in terms of section 13 of the Firearms Control Act, 2000 (Act No. 60 of 2000) for self defence is to be exercised, the firearm must be stored unloaded. 3. It is therefore a prerequisite that before the South African Police Service can issue a firearm licence, permit or authorization to a person to possess a firearm, such person must prove that she/he do have the necessary safe storage facility in terms of regulation 86 of the Firearms Control Regulation, 2004. 4. In order to enhance service delivery and ensure a smooth administration of applications for the renewal of firearm licences of individuals, it has been decided that the Designated Firearms Officer can accept a sworn affidavit/solemn declaration from an applicant stating the he/she is in possession of a prescribed safe as per paragraph 1 supra instead of the Designated Firearms Officer visiting the premises of the applicant to inspect the safe storage facilities. 5. In the case where an applicant is in possession of a safe or strongroom for the safe custody of the firearms which complies with the regulations under the previous Arms and Ammunition Act, 1969 (Act No. 75 of 1969), such safe or strongroom is deemed to comply with the standards set out in SABS Standard 953-1 and 953-2 respectively. 6. It is required of the applicant to complete the sworn declaration/solemn affirmation (Annexure “A”) in which she/he acknowledge the contents of regulation 86 (1) and 86 (8) of the Firearm Control Regulations, 2004. 7. The applicant must further provide photographic proof in color of the affixed safe and the location thereof. 8. The signed sworn declaration/solemn affirmation together with the photographed safe/strongroom must be submitted together with the application as an integral part of the supporting documents that must accompany the respective applications. 9. The responsibility is still with the relevant Designated Firearms Officer to inspect the safes where a person (applicant) refuse to sign the attached solemn declaration/sworn affidavit or failed to provide photographic proof to verify such safe storage facility or any other safe storage facilities. 10. This directive must be implemented with effect from 11 August 2009. 11. Your co-operation to effectively implement the above procedure is highly appreciated. DIRECTOR Back to Contents at Top of
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| SAPS Directive 27 June 2009 | |
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Click Here to select a Word document of this Directive South African Police Service RENEWAL OF FIREARM LICENCES, PERMITS AND AUTHORISATIONS: TRANSITIONAL PROVISIONS: FIREARMS CONTROL ACT, 2000 (ACT NO. 60 OF 2000) A. 1. This office's evenly numbered letter, dated 2009-06-03, bears reference on this matter. 2. On Friday 2009-06-26, the North Gauteng High Court, Pretoria, issued an interim order pending the finalization of the main application in that all firearm licences contemplated in sub-item 1 of Schedule 1 of the Firearms Control Act, 2000 (Act No 60 of 2000) (hereinafter "the Act"), will be deemed to be lawful and valid, pending final adjudication of the main application. 3. This effectively means that where a person is in possession of a firearm and relevant licence, permit or authorization, issued in terms of the Arms and Ammunition Act, 1969 (Act No 75 of 1969) (hereinafter the "previous Act"), as amended, such a person will remain legally in possession of such firearm and may not be prosecuted in terms of section 3 of the Act. In terms of section 3 of the Act no person may possess a firearm unless he or she holds a license, permit or authorization issued in terms of the Firearms Control Act, 2000 (Act No 60 of 2000), for that firearm. 4. The main effect of the order is that persons (natural / juristic persons) who have not yet re-licenced their firearms as provided for in the transitional provisions of the Act, or have not yet disposed of the firearms as required by the Act, may lawfully remain in possession of those firearms after 30 June 2009, at least until the main application has been decided. 5. In the case where firearm owners have already opted to dispose of their firearms through deactivation, permanent exportation, voluntarily surrendered to the South African Police Service for destruction, or by selling/donating the firearm to another person/legal entity, such administrative processes related thereto must continue. 6. All firearms that have been voluntarily surrendered to the South African Police Service, for the purpose of destruction, may not be destroyed until further directives in this regard has been disseminated from this office. These firearms may not be handed back to the original firearm owner. 7. Any person who opted to sell/donate their firearms to other persons/legal entity, and who in the meantime have surrendered such firearms for safe keeping to the South African Police Service, may retrieve (if so desired), their respective firearms and firearm licences from the police stations where they were handed in. 8. In the case where a legal owner (seller/donor) has applied for a temporary authorization to possess a firearm in terms of section 21 (transitional period) of the Act, the respective Designated Firearms Officer must continue with the administrative process and issue the temporary authorizations. The firearm together with the firearm license, permit, authorization and/or the temporary authorization must be handed to such legal owner. 9. All storage permits issued for firearms in terms of the previous Act will remain valid until the expiry date of such permit. Further storage permits (SAPS 539) may be issued in terms of Regulation 86(4) of the Firearms Control Regulations, 2004, for a further period if required. 10. All firearms which are currently in safe storage with licenced firearm dealers and gunsmiths, will remain valid and need not be handed to the South African Police Service for destruction. 11. In the case where a person applied for the renewal of his/her firearm licence and such renewal application has been refused and/or the appeal has not been successful, such person may legally continue to possess such firearms in terms of the previous Act, until further notice from this office. 12. All current administrative processes applicable to the provisions of the Act, must still continue within the ambit of the existing processes and procedures. 13. This directive must be immediately disseminated to all members of the South African Police Service for the necessary compliance. 14. Your co-operation and commitment to effectively implement the provisions of the Firearms Control legislation is highly appreciated. Signed |
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| SAPS Directive 17 June 2009 | |
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Click Here to select a Word document of this Directive Link to PDF file containing the Annexure A South African Police Service RE: DISPOSAL OF FIREARMS IN INSOLVENT OR DECEASED ESTATES: FIREARMS CONTROL ACT, 2000 (ACT NO. 60 OF 2000) A 1 PURPOSE The purpose of this document is to provide a detailed directive regarding the processes and procedures that need to be adhered to in terms of the Firearms Control legislation of insolvent or deceased estates. 2. INTRODUCTION 2.1 Section 147(1) of the Firearms Control Act, 2000 (Act No. 60 of 2000) (herein after "the Act") stipulates that in the event of the death of the holder of a firearm licence (including a permit or authorisation as the case may be), the firearm in question must be disposed of as prescribed. 2.2 Section 147 (2) of the Act specifically provide for the executor of a deceased estate and who comes into possession of a firearm licenced to the deceased to store such firearm and ammunition as prescribed in the Firearms Control Regulations, 2004 (herein after "the Regulations"). 2.3 The Act and the Regulations impose specific requirements on a messenger of the court, bailiff or appointee (executor, administrator, trustee, curator or liquidator) who under any execution warrant issued by a court of law, or letter of executorship, letter of administration or letter of curatorship from the High Court or the Master of the High Court, acts as messenger of the court, bailiff, executor, administrator, trustee, curator, or liquidator of the estate of a person who possess a firearm and/or ammunition. 2.2 A person who inherits a firearm must if he/she wishes to keep the firearm, apply for an appropriate licence, permit or authorisation in terms of the Act. 2.3 If a person who inherits a firearm does not wish to acquire the firearm, or fails to obtain the appropriate licence, permit or authorisation, he/she must dispose of the firearm in accordance with the provisions of the Act. 3.RESPONSIBILITIES OF THE MESSENGER OF THE COURT, BAILIFF, EXECUTOR, ADMINISTRATOR, TRUSTEE, CURATOR OR LIQUIDATOR. 3.1 The messenger of the court or bailiff must immediately after seizure of the firearm (including ammunition and firearm parts) and the executor, administrator, trustee, curator or liquidator of an estate must, immediately after appointment - 3.1.1 Compile an inventory of all the firearms, ammunition and firearm parts in possession of the holder of a licence, permit or authorisation which must clearly indicate: 3.1.1.1 make, type and calibre of the firearm; 3.1.1.2 manufacturer's serial number or additional identification marks reflected on the firearm; 3.1.1.3 quantity, calibre and make of ammunition; and 3.1.1.4 details of the firearm parts. 3.1.2 Within fourteen (14) days after seizure of the firearms, ammunition and firearm parts or on receipt of the letter of appointment, as the case may be, deliver a letter, document or forward a facsimile (notification) to the Central Firearms Register which must contain the following particulars: 3.1.2.1 the full name, identify number and address of the holder (insolvent/deceased) of the licence, permit or authorisation; 3.1.2.2 the address where the firearms and ammunition are stored; 3.1.2.3 a copy of the execution warrant or letter of appointment; 3.1.2.4 if the holder of the licence, permit or authorisation is deceased, a copy of the death certificate; 3.1.2.5 the full names, identity numbers and addresses of all the beneficiaries, if the firearms and ammunition devolve by testamentary or intestate succession; and 3.1.2.6 documentary proof of appointment as executor, administrator, trustee, curator or liquidator of the estate concerned. 3.2 The information as reflected above must be submitted on the attached annexure "A" (Notice in terms of Regulation 103 of the Firearms Control Regulation 2004) and forwarded to the following address: The Registrar Central Firearms Register or faxed to (012) 353-6075/6203/6327 4. RESPONSIBILITIES OF THE CENTRAL FIREARMS REGISTER (CFR) 4.1 The responsible official at the Central Firearms Register must strictly adhere to the following steps after receiving the above documentation: 4.1.1 Check and verify the completeness of the documentation. 4.1.2 Determine if any additional information is required. 4.1.3 If the documentation is incomplete forward the relevant correspondence to the respective messenger of the court, bailiff, executor, administrator, trustee, curator or liquidator. 4.1.4 If the documentation is complete, update the records at the Central Firearms Register. 4.1.5 Complete the acknowledgement of receipt on the attached annexure "A". 4.1.6 Issue the acknowledgement of receipt within 30 days after receipt of the notification to the person from whom it was received. 5.SAFE STORAGE OF FIREARMS AND AMMUNITION 5.1 A person who under any execution warrant issued by the court of law, or letter of executorship, letter of administration or letter of curatorship from the High Court or the Master of the High Court, as the case may be, acts as messenger of the court, bailiff, executor, administrator, trustee, curator or liquidator of the estate of a person who possess a firearm or ammunition, must take steps to ensure the safe custody of the firearm and ammunition and store the firearms and ammunition in a storage facility as prescribed in regulation 86 of the Regulations. 5.2 If the heir of a deceased estate is the holder of a licence, authorisation or permit issued under the Act, that may provide for the safe custody of the firearm and ammunition on condition that - 5.2.1 the executor does not have the required storage facilities; 5.2.2 the executor issues a letter of consent to the heir for the safe custody of the firearm, stating the licence particulars of the deceased and make, type, calibre of the firearm, as well as, every manufacturer's serial number or additional identification mark that is reflected on the firearm; and 5.2.3 a copy of the letter of consent must be filed with the relevant Designated Firearms Officer for the area where the heir resides. 5.3 Firearms may only be stored and not used until the appropriate licence, authorisation or permit has been obtained. 6 GENERAL PROVISIONS 6.1 Prior to the issuing of a Letter of Executorship by the Master of the High Court, the nominated executor in the will and in the absence of such nominated executor, the heir, next of kin or close relative of a deceased who was the holder of a licence, permit or authorisation in terms of the Act, may under authority of a permit issued in terms of section 21 of the Act be in possession of the particular firearms and ammunition. 6.2 The messenger of the court, bailiff, executor, administrator, trustee, curator or liquidator must at least every three months inform the Central Firearms Register in writing of the progress that has been made and steps which have been taken in respect of the transfer of such firearms and ammunition together with the details of the person to whom the firearm(s) or ammunition will be/was transferred to. 6.3 The executor, administrator, trustee, curator or liquidator of the estate may only apply to the Master of the High Court to finalise the estate after notification has been received from the Central Firearms Register that all firearms involved have been transferred in terms of the Act. 6.4 A messenger of the court or bailiff may not handover a firearm sold in execution or which must be transferred in terms of the relevant warrant of execution to any person unless that person is in possession of a licence, authorisation or permit to possess that firearm. 7 LOST OR STOLEN FIREARMS IN ESTATES If the whereabouts of a firearm belonging to a deceased person is unknown to the executor, next of kin or beneficiary, a case docket must be opened. The SAPS 521(f) (Notification of lost/stolen/found firearms) form must be completed and thereafter the process for the reporting of lost, stolen and found firearms must be adhered to. 8. DISPOSAL OF FIREARMS DURING THE TRANSITIONAL PERIOD 8.1 The renewing of an existing firearm licence, permit or authorisation during the transitional period is to allow a holder of a licence, permit or authorisation who was issued with such licence, permit or authorisation in terms of the Arms and Ammunition Act, 1969 (Act No. 75 of 1969) (hereinafter "the previous Act"), an opportunity to apply for a corresponding licence, permit or authorisation in terms of the provisions of the Firearms Control Act, 2000 (Act No. 60 of 2000) (hereinafter "the Act"). 8.2 All firearm licences, permits or authorisations issued in terms of the previous Act, and which were valid immediately before the date of the commencement of the Act, must be renewed in order to obtain the corresponding licence, permit or authorisation within the prescribed period as determined by the Minister for Safety and Security. 8.3 The firearms, ammunition and firearm parts in possession by the messenger of the court, bailiff or appointed executor, administrator, trustee, curator or liquidator remains valid by virtue of the issued execution warrant by the court of law, or letter of executorship, letter of administration or letter of curatorship from the High Court or the Master of the High Court provided such execution warrant, letter of executorship, letter of administration or letter of curatorship is issued before 30 June 2009. 8.4 Where applications for licences, permits or authorisations are lodged to possess these firearms, such firearms may still be in custody of the messenger of the court, bailiff, or appointed executor, administrator, trustee, curator or liquidator as the case may be after the period 30 June 2009, until the respective application is finalised by the Central Firearms Register. The messenger of the court, bailiff, or appointed executor, administrator, trustee, curator or liquidator do not need to apply for a temporary authorisation to possess the firearms. 8.5 In all cases where the firearms, ammunition and firearm parts which were licenced in terms of the repealed Arms and Ammunition Act, 1969 as the case may be, excluding firearms mentioned in paragraph 8.4 supra, and which are received after 30 June 2009 and for which an execution warrant issued by the court of law, or letter of executorship, letter of administration or letter of curatorship from the High Court or the Master of the High Court was not issued up to 30 June 2009 must be handed to the South African Police Service. 9. This circular must be immediately disseminated to all Designated Firearms Officers for the necessary strict compliance and immediate implementation. 10. Your co-operation in effectively and efficiently implementing the above within your respective province would be highly appreciated. Divisional Commissioner |
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| SAPS Directive 28 May 2009 | |
Click Here to select a PDF scan of this Directive South African Police Service RE: IMPLEMENTATION OF THE FIREARMS CONTROL LEGISLATION IN SOUTH AFRICA: TRANSITIONAL PROVISIONS A1. This office's circular with reference number 27/5/2 dated 2009-03-16, bears reference on this matter. 2. In terms of item 1(1) (Existing licence to possess an arm) of Schedule 1 (Transitional Provisions) of the Firearms Control Act, 2000 (Act No. 60 of 2000) a holder of a licence to possess an arm in terms of the previous Act Arms and Ammunition Act, 1969 (Act No. 75 of 1969) as amended, must dispose of his/her firearm if such firearm owner did not renew such licence, permit or authorization. 3. A firearm owner has various options to dispose of such a firearm inclusive of surrendering the firearm to the South African Police Service for the necessary destruction or hand the firearm to the South African Police Service for the purpose of deactivation. A firearm owner who sold his/her firearm has also the right to hand the firearm to the South African Police Service until the licence application has been decided upon. 4. In order to effectively facilitate the latter process (after submissions have been received from the accredited hunters associations as well as the accredited collectors associations), it was decided to revisit the processes pertaining to individuals who's application for such firearm licence is still pending and has not been issued by 30 June 2009 or disposed of their firearms via selling it to another person or legal entity such as a security service provider (excluding licenced firearms dealers). 5. A legal firearm owner (seller/donor) who possesses a firearm licence, permit or authorisation issued in terms of the Arms and Ammunition Act, 1969 (Act No. 75 of 1969), as amended, will have the following two options: 5.1 OPTION 1 5.1.1 In case where a firearm owner sells or donates the firearm to another person or legal entity such as security service providers (excluding licenced firearms dealers), or in the case where a person inherited a firearm and the application for such firearm licence is pending and has not been issued by 30 June 2009, the firearm and ammunition associated with the application together with the firearm licence, permit or authorisation and a copy of the acknowledgement of receipt may be handed in by the seller, donor or executor before or on 30 June 2009 to the nearest police station, preferably the police station nearest to the Firearm Registration Centre or police station where the application for the firearm licence has been processed. 5.1.2 Such firearms must be kept in the SAPS 13 store at the respective police station until a final decision has been made on the application. 5.1.3 In the case where the firearm licence application was approved by the Firearms Consideration Committee (Central Firearms Register), the firearm together with the newly issued firearm licence must be handed over to the applicant who was successful. 5.1.4 In the case where the firearm licence application has been refused, an applicant has the right to appeal in terms of section 133 of the Firearms Control Act, 2000 (Act No. 60 of 2000). After the appeal was concluded and where the appeal was successful, the firearm together with the newly issued firearm licence must be handed over to the applicant who has successfully appealed against the decision of the Register. 5.1.5 In the case where the appeal was not upheld (unsuccessful), the previous owner, who legally possessed the firearm in terms of the Arms and Ammunition Act, 1969 (Act No. 75 of 1969) must be informed in writing that the firearm is forfeited to the State and disposed of in the prescribed manner. The SAPS 522(b) form (Forfeiture of firearm item(s)) must be completed in full by the Designated Firearms Officer and the reason for the forfeiture must be clearly stipulated as: "The firearm is forfeited to the State due to the unsuccessful application to possess a licenced firearm". The completed SAPS 522(b) form must be forwarded to the respective applicant informing him/her that the firearm is forfeited to the State. 5.2 OPTION 2 5.2.1 The legal owner (seller/donor) may apply for a temporary authorisation in terms of section 21 of the Firearms Control Control Act, 2000 (Act No. 60 of 2000) to possess the particular firearm whilst the buyer's/ receiver of the firearm's application for the firearm licence is still pending. 5.2.2 The application for the temporary authorisation must comply with the provisions as contained in section 21 of the Firearms Control Act, 2000 (Act No. 60 of 2000) read with regulation 13, 23 and 24 of the Firearms Control Regulations, 2004. 5.2.3 The temporary authorisation is regarded as a form of possession of the firearm whilst the application for a licence is still pending and therefore the temporary authorisation must not be endorsed that the firearm may be used for any purposes. 5.2.4 It will however not be required from the seller/donor to provide documentary proof of having successfully undergone the prescribed training and testing contemplated in section 9(q) and (r) of the Firearms Control Act, 2000 (Act No 60. of 2000) prior to the issuing of the temporary authorisation or an affidavit stating his/her training and experience in the handling of firearms due to the fact that the firearm will merely be kept until a final decision was made on the firearm licence application. 5.2.5 A functionary holding an equal or higher rank than Senior Superintendent, attached to the office of the Provincial Commander: Firearms, Liquor and Second-Hand Goods Control within the respective provinces, will be responsible to consider such applications. 5.2.6 Each application must be considered on it's own merits and circumstances. The temporary authorization may only be issued for a period of twelve (12) months. During the approval/refusal of the temporary authorization on the Enhanced Firearm Registration System (function 6.1.5) the following wording must be added to the Special Conditions, namely "Transitional Period". 5.2.7 The respective buyer/recipient of the firearm must apply for the firearm licence for the particular firearm before 1 July 2009 and the seller/donor must also apply for the temporary authorisation before 1 July 2009. 5.2.8 In the case where the firearm licence application has been refused, an applicant has the right to appeal in terms of section 133 of the Firearms Control Act, 2000 (Act No. 60 of 2000). 5.2.9 In the case where the appeal was not upheld (unsuccessful), the seller/donor, who legally possessed the firearm in terms of the previous Act must immediately hand the firearm in at the nearest police station. The SAPS 522(b) form (Forfeiture of firearm item(s)) must be completed in full by the Designated Firearms Officer and the reason for the forfeiture must be clearly stipulated as: "The firearm is forfeited to the State due to the unsuccessful application to possess a licenced firearm". 6. It is of utmost importance that the respective provincial offices must keep record of all temporary authorisations issued. A consolidated report containing the details of all temporary authorisations issued, must be forwarded to the Section Head: Firearms, Liquor and Second-Hand Goods Control, Division: Visible Policing at fax (012) 353 6269 or e-mail bothmaj@saps.org.za not later than 21 July 2009. 7. It is important that your respective offices conclude a massive communication drive within your province in order to ensure that firearm owners are well informed regarding their responsibilities in terms of the Firearms Control legislation as well as the places where they may surrender their firearms and ammunition within the province. 8. Your co-operation and commitment to vigorously address the proliferation of firearms in South Africa through effective implementation of the provisions of the Firearms Control legislation is highly appreciated. Signed DIVISIONAL COMMISSIONER |
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| SAPS Directive 6 April 2009 | |
Click Here to select a Word document of this Directive South African Police Service RE: APPLICATIONS FOR RENEWAL OF FIREARM LICENCES AFTER THE PERIOD: 2009-03-31 1. This office circular with reference 27/5/2 dated 16 March 2009 has bearing. 2. It has come to the attention of this office that officers/ members at a number of Firearms Registration Centres/ police stations are still receiving applications for the renewal of firearm licences of those firearms which were issued in terms of the repealed Arms and Ammunition Act, 1969 (Act No 60 of 1969), as amended. 3. Item 1(1) (existing licence to possess an arm) of Schedule 1 (transitional provisions) of the Firearms Control legislation clearly specify that any firearm licence which was issued in terms of the repealed Arms and Ammunition Act, 1969 (Act No 60 of 1969) and which was valid immediately before the date of the commencement of the Firearms Control Act, 2000 (Act No. 60 of 2000) remains valid for a period of five years from the date on which the latter Act came into operation, unless such licence is terminated, cancelled or surrendered. 4. Item 11 of Schedule 1 (transitional provisions) of the Firearms Control legislation clearly state that the holder of a licence as per paragraph 3 supra must within a specific period as determined by the Minister apply for the corresponding licence. The various periods as determined by the Minister has come to an end on 31 March 2009. 5. In terms of circular 27/5/2 dated 2009-03-16 only certain types of application in accordance with Government Gazette No. 28039 dated 23 September 2005 may be accepted between the period 1 April 2009 to 30 June 2009, namely: "A natural person who- (a) is the holder of any licence, permit, certificate or authorisation to possess a firearm, which was issued in terms of the Arms and Ammunition Act, 1969, and which was valid immediately before 1 July 2004; and (b) is able to prove to the satisfaction of the Registrar that he or she was, for the applicable period provided for in Government Notice R.974 dated 20 August 2004, due to (i) his or her absence from the
Republic; unable to lodge an application as provided for in the said Government Notice, …." 6. Any person who at this stage apply to renew his or her firearm licence issued under the Arms and Ammunition Act, 1969, must be required to explain why the application is being lodged after 31 March 2009. If the explanation falls within paragraphs (i) to (iii) above, the application must be dealt with as a late application as described in this Office's Circular with reference 27/5/2, dated 16 March 2009. It can be expected that the person provide proof that he or she qualifies for one or more of the exemptions stated in sub paragraphs (i) to (iii) above. If the reason presented for the application of the renewal does not fall under the exceptions referred to in subparagraphs (i) to (iii) above, the person should be informed that, although the application will be received, the person will run the risk of being prosecuted for a contravention of section 120(1)(c) read with item 11(4) of Schedule 1 of the Firearms Control Act, 2000 (Act No. 60 of 2000). 7. If an applicant who does not qualify for one of the exemptions in subparagraphs (i) to (iii) after being warned of the risk of being prosecuted, still insists on applying for the renewal of his/her firearm licence after the renewal period (31 March 2009), the application must be received and a case for "Contravention of section 120(1)(c) read with item 11 (4) of Schedule 1 of the Firearms Control Act, 2000 (Act No. 60 of 2000) in failing to comply with a notice in terms of the Act to apply for the renewal of a licence, permit or authorisation before the end of the period determined by the Minister in Government Gazette Number 28354 dated 21 December 2005", must be registered and investigated. After finalisation of the investigation, the docket must be submitted to the public prosecutor for a decision. 8. The duly completed applications must be registered in the SAPS 86 register and captured on the Enhanced Firearms Register System. 9. The applications for the renewal as well as for the competency certificate must be processed but the applications of such applicant may not be forwarded to the Central Firearms Register or the respective provincial office before the case has been finalised by the court. The CAS number must be reflected on the first page of both the applications for a competency certificate as well as the renewal of the firearm licence in red ink. A copy of the front page of the case docket must be attached to the competency certificate as well as renewal applications as proof that the matter has been concluded. 10. Non-compliance to this circular will be regarded as misconduct and will be dealt with accordingly. 11. This circular must be disseminated to all Designated Firearms Officers within your respective province for immediate compliance. 12. Your co-operation in this matter is highly appreciated. Signed DIVISIONAL COMMISSIONER |
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| SAPS Directive 16 March 2009 | |
Click Here to select a Word document of this Directive South African Police Service RE: RENEWAL OF FIREARM LICENCES, PERMITS AND AUTHORISATIONS: TRANSITIONAL PROVISIONS: FIREARMS CONTROL ACT, 2000 (Act No. 60 of 2000) A 1 PURPOSE The purpose of this document is to provide a detailed directive regarding the processes and procedures that need to be adhered to in terms of the Firearms Control legislation after the period of 31 March 2009. 2 INTRODUCTION 2.1 The renewing of an existing firearm licence, permit or authorisation during the transitional period is to allow a holder of licence, permit or authorisation who was issued with such licence, permit or authorisation in terms of the Arms and Ammunition Act, 1969 (Act No. 75 of 1969) (hereinafter "the previous Act"), an opportunity to apply for a corresponding licence, permit or authorisation in terms of the provisions of the Firearms Control Act, 2000 (Act No. 60 of 2000) (hereinafter "the Act"). 2.2 All firearm licences, permits or authorisations issued in terms of the previous Act, and which were valid immediately before the date of the commencement of the Act, must be renewed in order to obtain the corresponding licence, permit or authorisation within the prescribed period as determined by the Minister for Safety and Security. 2.3 The Minister for Safety and Security, in Government Gazette No. 26664 dated 20 August 2004, determined in terms of item 11(1)(a) of Schedule 1 of the transitional provisions of the Act, the period within which a holder of a licence, permit, certificate or authorisation issued in terms of the previous Act must apply for a corresponding licence, permit, certificate or authorisation in terms of the Act. 2.4 In terms of item 1(1) (existing licence to possess an arm) of Schedule 1 (transitional provisions) of the Act, any firearm licence which was issued in terms of the previous Act and which was valid immediately before the date of the commencement of the Act, remains valid for a period of five years from the date on which the Act comes into operation, unless such licence is terminated, cancelled or surrendered in terms of the Act. Therefore the provisions of item 1 of Schedule 1 of the Act render all firearm licences issued in terms of the previous Act valid for a period of five (5) years until 30 June 2009, except in the case where a person has applied for the renewal of such licence, permit or authorisation, and has not yet received the new licence by 30 June 2009, in which case the licence, permit or authorisation remains valid until the application is decided (Item 11 (1) (d). 2.5 In terms of Government Gazette No. 26664 dated 20 August 2004, read with Government Gazette No. 28354 dated 21 December 2005, the period of renewal of firearms licences, permits or authorisations issued in terms of the previous Act will end on 31 March 2009. 2.6 Provision was made for certain categories of persons who may in effect apply for renewal after 31 March 2009. The following is stipulated in Government Gazette No. 28039 dated 23 September 2005: "A natural person who - (a) is the holder of any licence, permit, certificate or authorisation to possess a firearm, which was issued in terms of the Arms and Ammunition Act, 1969 and which was valid immediately before 1 July 2004; and (b) is able to prove to the satisfaction of the Registrar that he or she was, for the applicable period provided for in Government Notice R.974 dated 20 August 2004, due to - (i) his or her absence from the Republic; unable to lodge an application as provided for in the said Government Notice, must subject to the provisions of Item 11(1), apply for the corresponding licence, permit, certificate or authorisation in terms of the Firearms Control Act, 2000 within the renewal period of 90 days after he or she, as the case may be, - (i) returns to the Republic; or 3 PROCESSING OF RENEWAL APPLICATIONS: PERIOD: 1 APRIL 2009 TO 30 JUNE 2009 3.1 The relevant Designated Firearms Officer will be responsible to receive and process all renewal applications that comply with the provisions as contained in paragraph 2.6 supra. The applicant will be responsible to provide a written affidavit containing detailed information which must be substantiated with documentary proof related to the circumstances as contained in the latter Government Gazette. 3.2 The relevant Designated Firearms Officer must strictly adhere to the following processes and procedures: 3.2.1 Endorse the top left corner of the renewal application (SAPS 517(e)) as well as the competency certificate application (SAPS 517) with the following wording: "LATE RECEIPT" as well as the date of receipt of the respective applications in red ink. The endorsement must be acknowledged by the relevant Designated Firearms Officer with an official signature and date. 3.2.2 Ensure that the applicant provides a detailed written explanation together with any supporting documentation as to the reason(s) why the respective applications were submitted after the prescribed renewal period. 3.2.3 Endorse column 6 of the SAPS 86 register with the following wording: "LATE RECEIPT" and the date of receipt in black ink. The endorsement must be acknowledged by the relevant Designated Firearms Officer with an official signature. 3.2.4 Forward the renewal application (SAPS 517 (e)) together with the competency certificate application (SAPS 517) as well as the written explanation to the relevant Provincial Commander: Firearms, Liquor and Second-Hand Goods Control for the necessary attention and consideration. 3.2.5 Ensure that the prescriptive procedures such as the safe inspections and background evaluations must still be complied with. 3.3 Where a determination has been made by the Provincial Firearms Renewal Committee to institute a prosecution, the original renewal application (SAPS 517(e)) as well as the original competency certificate application must be forwarded to the relevant Designated Firearms Officer for the necessary attention and a copy thereof must be kept for record purposes at the respective provincial office. 4 RENEWAL APPLICATIONS: PERIOD: 1 JULY 2009 ONWARDS 4.1 All firearms licences, permits or authorisations issued in terms of the previous Act cease to exist as from 1 July 2009 and become invalid. Therefore a person is regarded to be illegally in possession of a firearm unless such a person can prove that she or he holds a valid and legal firearm licence, permit or authorisation issued in terms of the Act for that firearm or that she or he has applied for renewal and the application has not been decided by 1 July 2009 (an acknowledgement of receipt (SAPS 523) received as proof that she/he has applied for the renewal of the respective firearm licence, permit or authorisation within the relevant renewal period would suffice). 4.2 As from 1 July 2009, no person may apply for the renewal of their firearm licence, permit or authorisation which was issued in terms of the previous Act due to the fact that the transitional renewal period of five years has lapsed on 30 June 2009. After the last-mentioned date, such firearms licences, permits or authorisations are invalid. 5 DISPOSAL OF FIREARMS 5.1 All firearms owners who opted not to renew their firearm licences, permits or authorisations in terms of the Act must dispose of such firearms before 1 July 2009. 5.2 In the case where a firearm owner sells or donate the firearm to another person or legal entity such as security service providers (excluding licenced firearms dealers), or in the case where a person inherited a firearm and the application for such firearm licence is pending and has not been issued by 30 June 2009, the firearm and ammunition associated with the application together with the firearm licence, permit or authorisation and a copy of the acknowledgement of receipt must be handed in by the seller, donor or executor before or on 30 June 2009 to the nearest police station, preferably at the police station nearest to the Firearm Registration Centre or at the police station where the application for the firearm licence has been processed. 5.3 Such firearms must be kept in the SAPS 13 store at the respective police station until a final decision has been made on the application. 5.4 In the case where the firearm licence application was approved by the Firearms Consideration Committee (Central Firearms Register), the firearm together with the newly issued firearm licence must be handed over to the applicant who was successful. 5.5 In the case where the firearm licence application has been refused, an applicant has the right to appeal in terms of section 133 of the Act. After the appeal was concluded and where the appeal was successful, the firearm together with the newly issued firearm licence must be handed over to the applicant who has successfully appealed against the decision of the Registrar. 5.6 In the case where the appeal was not upheld (unsuccessful), the previous owner who legally possessed the firearm in terms of the previous Act must be informed in writing that the firearm is forfeited to the State and disposed of in the prescribed manner. The SAPS 522 (b) (Forfeiture of firearm item (s)) form must be completed in full by the Designated Firearms Officer and the reason for forfeiture must be clearly stipulated as "The firearm is forfeited to the State due to the unsuccessful application to possess a licenced firearm". The completed SAPS 522(b) form must be forwarded to the respective applicant informing him/her that the firearm is forfeited to the State. 5.7 In the case where a firearm owner sells the firearm to a licenced firearms dealer, such firearm must be transferred into that licenced dealers stock (ie. in the name of the dealer) before or on 30 June 2009. 5.8 Any firearm for which a licence, permit or authorisation was issued in terms of the previous Act and which firearm is kept at a licenced firearms dealer for the purpose of safe storage must be disposed of on or before 30 June 2009. 6. It is of paramount importance that Station Commissioners ensure that sufficient provision is made for the safe storage of the firearms due to the fact that it is foreseen that a substantive number of firearms will be handed in for deactivation, destruction and pending applications for the firearms licences. 7. This circular must be immediately disseminated to all Designated Firearms Officers for the necessary strict compliance and immediate implementation. 8. Your co-operation in effectively and efficiently implementing the above within your respective province would be highly appreciated. Signed DIVISIONAL COMMISSIONER |
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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; (a) to injure or disable a person; 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. 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.
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. 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
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| Lazarides Judgement | |
Click HERE for a link to the Lazarides Judgement |
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| 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
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| 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: 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. Back to Contents at Top of
Page
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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
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| Hunting Licence Guidelines | |
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GUIDELINES ON APPLICATION AND CONSIDERATION OF A LICENCE TO POSSESS A FIREARM FOR HUNTING PURPOSES 1. PURPOSE 2. INTRODUCTION 3. APPLICABLE LEGISLATION 4. BASIC REQUIREMENTS TO
APPLY FOR A FIREARM LICENCE 5. DEFINITIONS 6. MOTIVATION 7. RESPONSIBILITIES OF THE
DESIGNATED FIREARMS OFFICER 8. CANCELLATION OF AN
APPLICATION FOR A LICENCE TO POSSESS A FIREARM FOR HUNTING 9. ACCEPTANCE Signatories duly mandated by
their respective organisations to sign this document on behalf of: |
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| Poslec Call Centre Launched | |
Poslec Seta has launched a call centre to answer queries. The number is: 0861 102 477
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| 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 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: 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: 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 Anyone suspecting irregular actions on
the part of a firearms training provider or assessor, should report the
incident in writing to: |
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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 |
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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.
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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 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. 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 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 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 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 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; 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 Western
Cape Cape
Town - Inspector of Explosives: Sup BE Posthumus Mossel
Bay - Inspector of Explosives: Sup GJE Coetzee Paarl
- Inspector of Explosives: Capt E Lourens Eastern
Cape East
London - Inspector of Explosives: Sup IPG Ferreira Grahamstown
- Inspector of Explosives: Sup L Coetzee Queenstown
- Inspector of Explosives: Capt MG Gaqavu Port
Elizabeth - Inspector of Explosives: Sup R Kunneke Umtata
- Inspector of Explosives: Sup TT Zimela Northern
Cape Kimberley
- Inspector of Explosives: Sup MV Khotha Springbok
- Inspector of Explosives: Sup WD Kotze Kuruman
- Inspector of Explosives: Insp K van Wyk Upington
- Inspector of Explosives: Insp LV Louw De
Aar - Inspector of Explosives: Insp Nel Vryburg
- Inspector of Explosives: Insp WJ Nel Gauteng Krugersdorp
- Inspector of Explosives: Sup CJ Bezuidenhout Germiston
- Inspector of Explosives: Sup L Botha Vereeniging/Sasolburg
- Inspector of Explosives: Sup FP van der Walt Soweto
- Inspector of Explosives: Sup EJ Wiedeman Pretoria
- Inspector of Explosives: Capt DS Stidwell Free
State Bloemfontein
- Inspector of Explosives: Capt ME Sono Welkom
- Inspector of Explosives: Sup CM Rautenbach Bethlehem
- Inspector of Explosives: Capt A Castelyn Mpumalanga Secunda
- Inspector of Explosives: Sup PJ Oelofse Nelspruit
- Inspector of Explosives: Capt P Roodt Middelburg
- Inspector of Explosives: Insp D van der Merwe North
West Potchefstroom
- Inspector of Explosives: Sup F Crause Mafikeng
- Inspector of Explosives: Sup MP Gopane Rustenburg
- Inspector of Explosives: Insp PH van der Merwe Brits
- Inspector of Explosives: Capt MAS Pretorius Limpopo Polokwane
- Inspector of Explosives: Sup PB Grimbeek Modimolle
- Inspector of Explosives: Insp J Herbst Musina
- Inspector of Explosives: Capt J Swarts Tzaneen
- Inspector of Explosives: Capt J Ehlers Thohoyandou
- Inspector of Explosives: Insp TS Nemusibi KwaZulu-Natal Durban
- Inspector of Explosives: Sup CD du Randt Pietermaritzburg
- Inspector of Explosives: Sup RJ Botha Newcastle
- Inspector of Explosives: Capt AW van Staden Umfolozi
- Inspector of Explosives: Insp G Joubert Umzimkulu
- Inspector of Explosives: Insp S Joubert Back to Contents at Top of Page
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| SAPS Postpone Amnesty | |
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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. Back to Contents at Top of Page
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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. Back to Contents at Top of Page
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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 such crimes are duly warned that they will
be prosecuted. All
persons who are in possession of illegal firearms and ammunition have a
period of ninety (90) days as from 01 October 2004 to 29 December 2004
to surrender such a firearm (s) or ammunition to any police station
where the following procedure will be observed: *
hand in firearm(s) and or ammunition(s) at any police station. The
South African Police Service is further calling on all legal owners of
unwanted firearms and ammunition, to come forward and make use of this
golden opportunity to surrender such firearms and or ammunition
voluntarily. It
should be noted, that in the interest of the community, the South Africa
Police Service will after the expiry of the amnesty stop at nothing in
making sure that illegal firearms and ammunition are removed from the
society. Perpetrators will face a penalty of up to twenty five years
(25) years imprisonment for being illegally in possession of a firearm
and those being in possession of illegal ammunition will face a penalty
of up to fifteen years (15) imprisonment. "Heed
to the call and contribute towards creating a safe and secure
environment for all". Enquiries:
Director Phuti Setati Back to Contents at Top of Page
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| Firearm Registration Centres | |
|
9 September 2004
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| SAPS Press release on Training | |
Pretoria 26 July 2004 STATEMENT
REGARDING ACCREDITATION OF TRAINING INSTITUTIONS IN THE USE OF FIREARMS The
South African Police Service has noted with concern that certain
individuals claim to have been accredited to provide training in the use
of firearms, and are already inviting firearm owners and prospective
firearm owners to enroll with them to receive such training. It
is hereby reaffirmed that the accredited institutions will have
undergone the following processes: An application for accreditation is
first made at Polsec Seta. Polsec Seta accredits the applicant in terms
of the South African Qualifications Authority Act, No 58/1995. The
applicant so accredited by the Polsec Seta must then apply to the South
African Police Service for accreditation in terms of the Firearms
Control Amendment Act, no43/2003. The applicant is then issued with a
competency certificate to provide training in the use of firearms. Members
of the public are kindly advised against using unauthorised institutions
or instances for training in the use of firearms. It is in the members'
interest to ascertain that the training institutions are issued with a
competency certificate by the South African Police Service. Enquiries regarding whether or not any institution is accredited to provide training in the use of firearms can be directed to Director Setati (012 393 5490/1) or Senior Superintendent Lekgotla (012 353 6010) or the South African Police Service website www.saps.org.za Enquiries
: Senior Superintendent Mohlabi Tlomatsana Back to Contents at Top of Page
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| Court Action | |
JOINT PRESS RELEASE - 25 JUNE 2004 THE SOUTH AFRICAN GUNOWNERS’ ASSOCIATION
THE SOUTH AFRICAN ARMS & AMMUNITION
DEALERS ASSOCIATION & OTHERS
Earlier
today an urgent High Court application was served upon the State President
and the Minister of Safety and Security requesting the Pretoria High Court
to grant an order suspending the implementation of the Firearms Control
Act on the 1st July 2004. The
South African Gunowners’ Association and the South African Arms &
Ammunition Dealers Association joined forces with the Security Industry,
Professional Hunting Industry, Sport shooters, hunters, and collectors to
approach the High Court to suspend the implementation of the Act, because
SAGA, SAAADA and related organizations have attempted since March 2004 to
engage Government with queries and concerns arising out of the manner of
the implementation of the Act. Unfortunately none of these concerns have
either been acknowledged or addressed in a meaningful manner. As a consequence of this breakdown in communication, SAGA and SAAADA concluded that there was no option but to approach the High Court for the appropriate legal relief to prevent what we believe will result in a shutdown of the Security, Arms Dealers and Professional Hunting Industries and the criminalisation of ten of thousands of firearms owners as from the 1st July 2004. Back to Contents at Top of Page
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| SAPS Press Release | |
This press release was taken from the SAPS website on 28 July 2004 (it had not been up before). STATEMENT
REGARDING ACCREDITATION OF FIREARMS TRAINING INSTITUTIONS AND SHOOTING
RANGES IN TERMS OF THE FIREARMS CONTROL ACT, 2000 Date:
17 May 2004 The
sections in the Firearms Control Act, 2000, (Act 60 of 2000) and the
Firearms Control Regulations, 2003 relating to accreditation became
effective from 1 July 2003. The
Firearms Control Act, 2000 stipulates that certain categories of
entities, which include the owners of shooting ranges and training
providers in the use of firearms must apply for accreditation in order
to comply with the provisions of the Firearms Control Act. The
Regulations pertaining to the remaining sections of the Firearms Control
Act, 2000 (Firearms Control Regulations, 2004) will come into effect
during July 2004. In
order to provide training in the use of firearms in South Africa from
July 2004, a training provider as well as the shooting range where the
training will be conducted must be accredited by the South African
Police Service. It
must be emphasized that no person may be granted a competency
certificate in order to obtain a firearm licence after the
implementation of the Firearms Control Regulations, if the person did
not undergo training by an accredited training provider on an accredited
shooting range. In
order to effectively facilitate the accreditation within the various
provinces the following contact numbers are provided; Eastern
Cape - Supt. D Koesnell (040) 636-3585 More information on accreditation can be obtained from Snr Supt Lekgotla/ Supt Van Der Walt at the Central Firearms Register; Tel (012) 353-6010/353-6098 or by e-mail at lekgotlal@saps.org.za Enquiries:
Snr Supt Andrew Lesch Back to Contents at Top of Page
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| Extract from Budget Speech | |
June 22, 2004 Budget Vote Debate, Ministry For Safety & Security, National Assembly Extract from: Speech By Charles Nqakula FIREARMS CONTROLYesterday
the Deputy Minister and I were joined at Cape Town’s Victoria and
Alfred Waterfront by several members of the Portfolio Committee for
Safety and Security, to kick-start an awareness campaign on the Firearms
Control Act. I would like to register our appreciation to those members,
led by the chairperson, the Honourable Maggie Sotyu, who were on hand to
help us interact with the shoppers and visitors at the mall. There were
many tourists at the Waterfront who found our work there very
educational and informative. I
would also like to take this opportunity to thank the V & A
Waterfront management, under chairperson, Hilda Ndude, who allowed us
access to the facility. The management work well with the police on
questions of security at the Waterfront. This is a partnership we
cherish and are keen to maintain. Guns
have become the weapons of choice in the commission of violent crime in
South Africa. The Firearms Control Act of 2000 and the Firearms Control
Amendment Act of 2003 are instruments that are designed to help the
South African Police Service to prevent the proliferation of illegal
firearms and to remove them from society. The measures also allow the
police to establish a comprehensive control system in order effectively
to control legally owned firearms. South
Africa has 2 079 759 registered firearm owners. Those South Africans
possess 3 696 089 licenced firearms. The country has 554 firearm
dealers, 160 gunsmiths and 19 firearm manufacturers. In
the year 2000, 9 108 firearms were stolen from or lost by owners between
January and May of that year. This trend went up to 9 951 in 2002.
Between January and May this year, 7 993 firearms were reported stolen
or lost. During the same January-May period in 2000, 5 821 firearms were
confiscated or recovered. The trend has been going up ever since,
indicating 5 960 in 2001, 7 655 in 2002, 9 405 in 2003 and 14 263 this
year. From
April 1st last year to March 31st this year, 25 975 illegal firearms and
1 679 940 rounds of ammunition were confiscated under Operation Sethunya,
and 5 990 people were arrested for the illegal possession of firearms
and ammunition. The decrease of murder and attempted murder of 8.3% and
17.9% respectively - where firearms were used - indicates the impact
that Operation Sethunya has had in our crime-combating exercise. Honourable Members are aware from pronouncements that the Firearms Control Act was implemented in phases. The Act will be fully in place on July 1 this year. We
have allocated to the firearms control project R63 199 956 to cater,
among other things, for the purchase of 458 vehicles, 1 153 desktops,
728 scanners and 573 printers. We
have already trained 640 designated firearms officers, 2 384 additional
personnel, including station commissioners and clerks, 32 firearms
tracing detectives, 420 firearms test firing personnel and 1 874 persons
trained on the Enhanced Firearms Register System. On
May 7, 2004, a notice was published in the Gazette, inviting comments on
the intended declaration of all schools as firearm free-zones. The
closing date for comments is August 31, 2004. Allow me this opportunity, Madam Speaker, to commend those South Africans who have handed in voluntarily to the police their licenced firearms for destruction because they no longer need them. It helps to know that there are some among us who support the effort to limit the circulation of firearms in South Africa. For the full speech go to www.saps.org.za |
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| “Warning
Shot” Judgement |
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Published with kind permission from: Magnum Magazine, May 2004 edition By
Martin Hood There
was recently a furore in local media concerning the decision of the
Supreme Court of Appeal of Coetzee vs Fourie. The media, particularly
the print media stated that because of this judgement, it was now
necessary to fire warning shots before utilising a firearm in self-defence
by discharging it at somebody. On examining the judgement this is
clearly not so and we have a fairly typical example of the media
selecting parts of the judgement and misinterpreting them - possibly for
their dramatic effect (aka “making the news”). The
facts as accepted by the court were briefly as follows: It
is important to bear in mind that this was not a criminal case of
attempted murder but was a civil claim for damages and therefore the
onus of proof that applied was whether on a “balance of
probabilities” Coetzee had acted reasonably. The
Supreme Court of Appeal was asked to determine whether Coetzee’s
actions were reasonable in the circumstances. The Court, after examining
the evidence, commented as follows: This
is merely a re-statement of our common law and is something that all
firearms owners who possess firearms for self-defence should know and
understand. Put simply, you cannot escape criminal and civil liability
by merely stating that you believed that your life was in danger. That
belief must be tested against an objective standard and, if your actions
do not meet that standard you can be held civilly or criminally liable.
The court went on and stated as follows: It
is this paragraph that the media focussed on and have somehow
interpreted as meaning that warning shots should always be fired.
However this interpretation is incorrect because the court stated:
“The defendant shot the plaintiff without giving any prior warning of
his intention to do so.” This, in my opinion, means that if you have
the time and therefore the opportunity to give some form of warning it
should be given in a manner such as, “Stop right there because I am
armed and will defend myself.” If
we read further in the judgement the learned judges have made it quite
clear once again that they do not expect warning shots to be discharged
by stating as follows: I
believe that this is supported by the fact that the learned judges
indicated in their judgement that this judgement need not be recorded in
the Law Reports. This means that the decision did not create new law or
even re-interpret existing law and change the law. Although
the law has not changed, all responsible firearm owners should be aware
of the legal requirements of private defence if they wish to avoid
criminal or civil liability in the event that they use their firearm for
self-defence, the fact that this was a claim for damages gives a clear
indication to firearm owners that the American trend of large claims of
damages is creeping into our law. It is advisable, bearing this in mind,
that you should always have substantial amounts of public liability
insurance - particularly if you own a firearm for self-defence. |
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| Firearm Licence Applications - Update | |
Copy of letter sent to: Director Jaco Bothma - Central Firearms Register Assistant Commissioner AJ Burger - Central Firearms Register National Commissioner J Selebi - South African Police Services 1.
When completing a firearm licence application at certain police
stations, some of our members have been told they have to sign an
Affidavit/Declaration form. 2.
Please note that this form is irregular in the extreme in that it
misrepresents the content and intent of the Arms & Ammunitions Act
and/or prevailing case authority. 3.
For example, in the full bench decision of the Witwatersrand Local
Division in S vs de Klerk 1992 (1 SA criminal law reports page 18) it
was held that it is neither unlawful nor an offence to leave a firearm
in a locked motor car in the event that other adequate safekeeping
facilities is not available. 4.
Furthermore, a licensed firearm owner is not obliged to keep a firearm
only on their person or in a safe. Section 9(1) clearly envisages a
firearm being in a person’s “immediate custody”, and furthermore
Section 9(2) only requires licensed firearm owners to produce a firearm
licence “within a reasonable time”. Therefore a firearm owner is not
obliged to carry the relevant licence on his/her person. We agree that
this may be more desirable and convenient for the SAPS, but it is not
obligatory. 5. Section 39 (which specifies offences) quite clearly states that a person commits an offence if he loses a firearm in his possession or if it is stolen “owing to that person’s failure – (ii) to take reasonable steps to prevent the loss or theft of the arm while the arm was on his person or under his direct control ....”. This again contradicts the declaration that it has to be kept on your person. 6.The
statement that the firearm must be kept in a safe is also incorrect.
Part 9 of the Regulations allows for safes, strongrooms, apparatuses,
devices and instruments. Therefore a firearm does not need to be kept in
a safe but can be kept secure in any one of the abovementioned subject
to it complying with the Regulation 28, 29 and 30. 7.
Not one of the licence applicants – who were asked to sign the
Affidavit and who we have managed to contact – had been advised of the
contents of Section 12, 14 & 16 of the Arms & Ammunition Act
1969 by the police official who dealt with their applications. We doubt
that many of those police officials are even aware of these provisions
in the Act, their content or their meaning. 8.
It appears to us that (in their understandable ignorance of these
complex laws) firearm applicants are being misled into signing these
declarations. In doing so they are limiting their rights based on the
false representations of SAPS officials. We accordingly request that you
issue an urgent directive to all police stations instructing them to
stop utilizing this document or any irregular variation thereof. 9. We accept that this may simply be a (misguided?) effort to bludgeon applicants into exercising due care, and to inform them of their responsibilities. However, suggest that this be done within the parameters of the law. We will gladly assist with the drafting of a valid declaration/affidavit and/or assist with other such educational projects. |
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| Security by Martin Schönteich | |
CLICK HERE to read the chapter Security by Martin Schönteich Taken from the South Africa Survey
2001/2002 published by the South African Institute of Race Relations
(2001) |
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| Daily News Editorial | |
Drawing a line on gun ownership One of the liveliest perennial debates in South Africa is the issue of civilian gun ownership. The arguments for and against are frequently highly emotive and tend to surface capriciously in the wake of a highly publicised crime or tragedy involving a firearm. Protagonists
on either extreme can put up strong cases to support their claims, but
in the heat of the battle the views of the majority of South Africans
are generally ignored. The
arguments for and against gun controls have been extensively aired and
the old frontier mentality which suggests that every man has a right to
bear arms is still widely held in some communities. Indeed, in America
today, no presidential candidate would lightly contradict this view if
he or she hoped to be voted into office. Back
to Contents at Top of Page
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| HSRC Survey | |
The Human Sciences Research Council (HSRC) survey released on 24 October 2001 polled 2700 people and asked: Who should be allowed to own a firearm? This survey was not commissioned by SAGA, but by an organisation needing research to support their anti-firearm stance. This explains why the questions asked required simple answers to complex issues and required the answers to be forced into pre-established categories. This means the answers probably do not actually reflect the opinions of those polled. In addition, the figures were weighted across the provinces and resulted in generalisations. Facts to consider from the results: Back to Contents at Top of Page
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