• December 2001
• November 2001
• October 2001
• September 2001
• August 2001
  
  
  

Party Politics ...?
With the shenanigans going on in party politics these days, politicians are attracting more and more attention from cartoonists, stand-up comedians, and the acerbic tongues of the ladies on the Newlands bus. All of which is as it should be – provided that sanity soon prevails and that productive work gets its share of attention. Despite the ‘side shows’, concerns about crime still rule the headlines and much suburban dinner table talk.

SAGA is really a ‘single-issue’ association and does not involve itself in party political matters. Our members’ political affiliations are their own business, they are drawn from all parties, religions, trade unions and businesses – what they have in common is their interest in firearms and their right to choose to own them for sport, hunting, personal protection, or whatever. SAGA, just like every other non-party-political organization, has to work with (or on), and accept the help of, parties or politicians of all shapes and sizes to achieve our aims for the benefit of all. In doing so therefore, we try not to attack the ‘party’ – we try to line-up our sights on the policy or the politician that is creating the problem (or obstructing its solution). We ask that you too try to bear this in mind when arguing a point at a social gathering, in a letter to an editor, or wherever else you stand up to be counted.

Competency matters
SAGA’s Northern Region chairman, Andy Anderson, has attended numerous meetings with Director Bothma and Central Firearms Registry personnel to assist in the drafting of the standards for the proposed competency tests. He reports that the draft is almost complete but that a few areas of doubt or dispute still have to be resolved. The section of the competency tests that will deal with what the private individual needs to know of the Act, and other relevant laws, will be drafted by the SAPS Legal Services division and will be published for comment in due course.

Spreading the ‘liberal’ word
Martin Hood addressed the annual conference of the South African chapter of the Libertarian Society. His talk on gun control and statistics was very well received. Who, or what, are Libertarians? Well, very briefly, they are citizens from all walks of life who believe that government involvement (some say, ‘interference’) in the affairs and private lives of citizens should be strictly limited to the bare minimum. In terms of this principle, they are naturally staunch supporters of the right to own firearms.

Shooting range standards
A couple of years ago, when government got the new Firearms Control Act underway, a fresh opportunity to raise the vexed question of ‘standards’ for shooting ranges presented itself. The SAPS have, over the past number of years, attempted – for “reasons of safety” – to impose a standard (or standards) for shooting ranges. Unfortunately for the SAPS and for shooters, a distinct lack of understanding of the difference between the shooter being safe and a safe shooting environment, was evident in ‘official circles’. And so it was that the standards first proposed, based on Austrian standards, were so onerous that very few, if any, ranges – including police and military ranges – could comply.

After working groups had had long discussions and negotiations at the Bureau of Standards, it was finally agreed that the standards first proposed (and subsequent adaptations thereto) be scrapped. It would be better to start with a clean slate and draft new standards. Alex Holmes, Martin Hood and Sarah Kalell (of the Clay Target Shooting Association) are now members of the working group tasked to draft standards for the physical characteristics of a shooting range. Work is ongoing.

Subject to ‘interpretation’?
The recent Human Sciences Research Council research survey into the public’s attitudes towards firearm ownership was commissioned by Gun Free South Africa – who publicized the findings in a press release.
We are pleased to report that the mainstream press quickly contacted SAGA and the National Firearms Forum for comment. It seems that our efforts to ‘educate’ them, and the steady stream of your “Letters to the Editor” are being rewarded. There is now far more understanding for, and appreciation of, the validity of our ‘cause’. After the report on the survey was published, Martin Hood was favourably (albeit briefly) quoted in at least two national dailies. Gun Free South Africa’s (mis)use of the statistics was criticized as being a misrepresentation of what the statistics actually say. John Robbie of Radio 702 was unusually forthright and outspoken about what he called the use and abuse of statistics.

According to the survey, a full 42% of the population believe that every adult should be allowed to own firearms – despite the ‘unsurveyed’ fact that most of the public’s ‘firearm knowledge’ is based on headline news like “Armed robbers ‘mow down’ storekeeper” (or anti-gun propaganda). As only about 6% of the population actually own a firearm, and far fewer than that actually know anything much about the existing controls or the many implications of the Firearms Control Act, we can only interpret this survey to ‘prove’ that a surprisingly high 42% of the population do not support objectives of the Firearms Control Act.

Website update
As a service and ‘extra value’ for our Corporate Members, SAGA has created a “Green Pages” directory on our website (go to Green Pages). Corporate Members may use these pages to advertise their services or products – FREE of charge – for as long as their membership is up-to-date. Our members, and the general public who visit our site, are asked to support our Corporate Members whenever they can. After all, by supporting your association, they are allies in the fight for your rights and it is only appropriate that you in turn thank them in some tangible way.

So far only a few Corporate Members have taken advantage of this new SAGA offer, the more who join in, the more interesting and useful the site will be, the more useful it is, the more visits it will receive, the more visits ... you get the idea. If you cannot find your local dealer, club, or association in our Green Pages, or Corporate Member list – please find out why and encourage him/her/them to join.
Each ‘free advert’ has the business/club/ association’s name, address, contact details and a short (no more than 40 words, please) description of the service or products available. Links are also provided for visitors to email the advertiser or go direct to his website (if any). Give it a go, help us build this service into a great, comprehensive, ‘must-visit’ site – for your sake and the sake of our cause. To become a valued Corporate Member, please contact SAGA’s admin office on telephone 031-368-1685.

Victimizing’ firearm owners?
SAGA representatives have been invited to participate in workshops being arranged to debate the South African Law Commission’s proposals on compensation for the victims of crime. By the time you read this, your representatives will have attended the workshops in the Western Cape, KwaZulu-Natal and Gauteng. The overall objectives of the Law Commission’s proposals for a compensation fund for the victims of crime – many, if not most, of whom are not in any financial position to ‘heal’ themselves – are very broad ranging and worthy of full debate. As firearm owners, we are however very concerned about the principles (and attitudes) involved in the proposal to impose a ‘direct tax’ on firearms – or, for that matter, a tax or penalty on anything other that the perpetrators of the crimes – to fund compensation for unfortunate victims.

Although we expect that this aspect of the proposals will be but a very small part of the debate, we will be there trying to protect your interests.

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Some snippets about the ‘Main Events’ of the past month:

Electronic Nuts & Bolts
Before the new Firearms Control Act can be implemented, or the Regulations finalized, the necessary systems have to be in place. And, in terms of overall State policy, the operation is to be ‘computer based’. Which is all very well, but it is far from a ‘simple’ matter of the type that can be ‘solved’ by throwing extra money at it. Unless you have been personally involved in setting up a very massive and complex system, you probably cannot imagine the time and detail required to set parameters which accord with practical implementation of the Act – and which remain within the constraints of the Constitution. This system, which has to link ‘seamlessly’ with other State systems, will have to manage huge amounts of data from very large numbers of input stations and cater for a seemingly infinite number of options/variations, etc, etc. Which is where SITA (the State Information Technology Authority) comes in as Bruce Shaw reports:

“I have just spent the last two and a half weeks attending the ‘Final Functional Review of Firearm Business Processes’ meetings held at the SITA offices in Pretoria. Here the modelling (mainly workflow and requirements) of the entire system (as completed to date) were reviewed with all respective stakeholders. There are more than 680 process step models. Representatives came from various specialized police and government departments, and from interested ‘outside parties’ – dealers, gunsmiths, manufacturers, business in all forms (including film production), game-ranchers/rangers, sport shooting collecting, hunting, training institutions, security (including in-house security), etc, etc. Sessions were separated, as far as possible, to cover the areas of ‘special interest’ to the various parties who could then attend only the sessions at which they were needed.
“Apart from SITA personnel and strong Central Firearms Register,  SAPS, and Ministry, representatives and legal advisors, Alex Holmes (NFF and dealers’ association) and myself (for SAGA), because of our wider range of member interests, were the only ones who attended every single day. We were also invited to several sub-meetings in the evenings.

“Basic requirements for accreditation, competency, licensing and all the rest were discussed and more details will be made available later. All of this has to be in accordance with the Act and, of course, the regulations – on which Advocate Gert Joubert was working in parallel and in conjunction with the process. The process is one of the steps leading towards an integrated electronic system of evaluating applications for any type of “firearm warrant” – the term means any licence, permit or authorization that can be issued under the Firearm Control Act. Whilst the idea is to have the system fully electronic, there have to be manual procedures in place to cater for mainly rural areas. The electronic system encompasses complex sub-systems such as interfacing with the AFIS (Automated Fingerprint Identification System) and with the ICJS (Integrated Criminal Justice System) and other internal departments.

It was extremely valuable development and I felt that we contributed with constructive criticism where required. I left with a good positive working relationship with all the official parties, and thank them for their co-operation.” Thus ends Bruce Shaw’s brief report. Bruce came home to Durban with a huge pile of documentation.

Cooperative Success?
Martin Hood, who attended some SITA sessions and kept abreast of developments, comments that there is clearly a growing realization by the police of the enormity of the tasks that they have undertaken and the challenges that they are facing. This has led to them turning towards the firearm community for guidance and assistance. As always, we have gladly  shared the knowledge, experience and expertise we have in virtually all the aspects of firearm ownership, use and regulation.

It was clear that this cooperation led to better and stronger relationships between the police officials present and the firearms community. It must be noted however, that these meetings were not about  the content of the Act (which is now law), but merely how best to implement it in practical and user-friendly ways wherever possible. (As a point of interest, no representatives from the anti-gun lobby were present at these sessions.)

Networking
Attendance at the SITA sessions also gave us opportunities to network with the representatives from other members of the Firearms Fraternity and several informal meetings were arranged where information was shared, problems sorted out and relationships mended or improved. It can be very difficult (and expensive) to arrange get-togethers of this nature so, when the opportunity presents itself, everyone should make an effort to make the most of it.

Central Register
Bruce Shaw and Martin Hood attended a liaison meeting with Director Bothma and Director De Caris at the Central Firearms Registry to discuss some general and some specific licensing problems. We are pleased to report that Director Bothma informed us that the Register has caught up with the backlog of applications and that, as staff training is on track, ordinary licence applications should be processed within six weeks. Bruce comments that the Central Firearms Registry is looking neat, tidy and far more approachable to the public.

Back to Parliament
Alex Holmes and Martin Hood have continued to liaise with the Democratic Alliance in order to get Parliamentary answers to problem issues such as the allegedly discriminatory licensing practices. In this regard, the Minister for Safety & Security is instituting an investigation into what is happening at the Central Firearms Registry in terms of the number of refusals, the time that the licences are taking to be issued, and the basis for such refusals. He has officially responded in Parliament that he will prepare a report and place it before Parliament in due course. This report is eagerly awaited.

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This extended Bulletin should help give SAGA members (and those still sitting on the fence) a better idea of the scope of SAGA’s activities and involvements. By the end of September we hope to be sending out a special Newsletter calling for nominations to stand for election to SAGA’s Regional Committees and calling on you to volunteer your help for various projects and services.
As you will gather from the contents of this Bulletin, volunteers are needed to help keep an eye on Parliament, the Press, the SAPS, the SABS, etc, etc, etc and to participate in projects like addressing Rotary, manning a stand at your local agricultural show, getting Scouts, Voortrekkers and other youngsters shooting at school fêtes and fairs, making sure your friendly gun dealer has SAGA application forms on his counter – and is promoting membership .... There is lots that can be done if we can attract enough self-starters to strengthen the ranks of the few who have been actively contributing to our not-inconsiderable successes ...

“Never in the field of human conflict was so much owed by so many to so few.” Yes, except perhaps for the words ‘in the field of human conflict’, Winston Churchill’s tribute to the Royal Air Force (delivered in the House of Commons on 20 August 1940) is reasonably appropriate to SAGA’s recent past. It would also be fair to paraphrase another famous wartime statement – “Your Association Needs YOU!” Join the party, NOW!

Licensing Policy – Johnny de Lange ‘Lashes Out’
The joint court ‘action’ to get hold of the SAPS ‘policy’ on licensing requirements is proceeding – papers, or affidavits, on the subject are being exchanged, etc, etc. We will keep you informed about developments – one of which could well be the support of Johnny de Lange, ANC MP and chairman of Parliament’s Justice Committee who, according to Business Day (28 August): “... lashed out at state departments for refusing to implement the provisions of the [Administration of Justice] Act that would force them to give reasons for their decisions. He also said ‘Many departments still do not know much about the law – they are not preparing for its consequences.’
“De Lange stressed that it was ‘important for non-governmental organizations to take government institutions and managers to court. (Our emphasis.) He said that they should test the law to its limits. ‘I would like to urge the courts to act harshly and put people in jail when they refuse to implement the new law.’”

Well, well! Constitutional ‘tension’ once again? In the same Business Day report (by Sanchia Temkin) justice department legal adviser, Rainer Pfaff is quoted as saying, ‘Despite the fact that the Act is derived from a constitutional mandate, it is hardly applied anywhere’ and also that government departments saw it as ‘an additional burden ...’.
Will this principled ‘support’ for SAGA’s case from a very senior ANC legal man be of much help to us? Our case is based on constitutional principles – not sheer bloody-mindedness. Watch these Bulletins ... (See also Stirring Times? below)

Vaal Denial
In our September Bulletin, we brought your attention to the Vaal Ster report (sent in by a member and subsequently picked-up by other newspapers) about the threat (campaign) said to have been made by the Barrage SAPS. They would ‘raid’ the homes of firearm owners to confiscate firearms not stored in SABS-approved safes.
We are glad to report that Superintendent JF Rautenbach (Area Head, Legal Services, Vaal Rand) responded promptly to Martin Hood’s ‘protest’ letter by saying, inter alia, that: “It is common cause that our intentions or objectives have been misconstrued or blown out of proportion but that does not have to create any animosity between the community and the SAPS.”
He also clarified the safe-keeping position by confirming that “a safe does not have to be a SABS safe hence the SAPS has its own requirements for safes ...” and said that “the Barrage SAPS was only engaged in a campaign to educate or workshop its community ... with a view to creating a safe environment not only for gun owners but for all law abiding citizens especially in Die Barrage.”

It is easy for us to talk with hindsight, but such praiseworthy objectives would perhaps have been better served if the Vaal Ster and/or other local media had publicized the good intentions and proper details of the campaign – in advance – and thus avoided the storm-trooper* image created by this ‘misunderstanding’. (*See also Bullet-proofing Brazil below)
We couldn’t cope with a thousand requests at once but, if asked, SAGA would have tried to assist the SAPS with this campaign – perhaps by supplying reprints of our “safekeeping” posters. Indeed, if we can be assured that they will be put to good use, we will organize reprints/updates for use by whichever stations want them. And, if there is a way of measuring it, we could even sponsor (or try to find sponsors for) prizes for the best (most effective?) ‘Education & Awareness’ campaigns.

Let it be known – especially by SAPS members – that SAGA actively promotes safety and responsibility in the handling, use and storage of firearms and would happily assist with suitable projects. We will start the talking – if you, dear reader, have ideas on the subject and can help set up such an official campaign, let Gavin Leach (at the admin office) know about it.

Bullet-proofing Brazil
Reports from Sao Paulo have it that Brazil is now the world’s largest market for bullet-proof motor cars. (Is this a job creation opportunity for South African entrepreneurs?) Among the hardened vehicles, are VW Golfs that cost less than their $30000 armour-plating – driving a cheaper car makes the well-off less of a target. The thing that worries us about this whole affair is that Sao Paulo police, now concerned that some criminals are driving armoured vehicles, are after the names and addresses of all those who have acquired such transport.
But hear this “Given the extent of corruption and criminality within the police, that terrifies many customers. They are rushing to re-register their cars in the names of specially created companies.”  It is very sad to have to report that many honest SA gunowners have good reason to have strong reservations about allowing police members into their homes to check their safe-keeping facilities – there are still too many reports of crooked police and criminals dressed up as policemen.

Stirring Times?
On 3 August 2001 we sent a letter to the Cape Times, CLICK HERE for link to letter on "News" page.
To the best of our knowledge, this letter has not been published by the Cape Times. Their readers will therefore retain the (wrong) impression about the intention of our court action. I wonder why they should be kept in the dark about this aspect of a topical and important issue – the state ‘dodging’ its legal responsibilities?

Tough Negotiations in Pretoria
At an August meeting between the SA Bureau of Standards and ‘interested parties’ (representatives of the firearm industry including manufacturers, wholesalers, SAGA, the NFF, etc), the SABS made a presentation concerning the mutual recognition of international arms and ammunition standards. Initially the Bureau stressed the desire to consult with the industry over the implementation of standards for the proofing of firearms and the regulations pertaining to shooting ranges. The industry’s view was that proofing was a waste of time and money and that the proof house should be closed down. Such testing cannot effectively monitor manufacturing standards – it can only ‘prove’ that a  particular firearm did not explode when tested. Questions were raised as to the accuracy of certain numbers – the industry’s figures on proof-testing, based on payments to the Treasury, varied substantially from those of the SABS.

The NFF’s Alex Holmes raised the matter of security – the transport of firearms to and from the SABS exposed them to risks and a concentration of firearms at the Bureau premises provide criminals with an irresistible ‘target’. He also made the point that, in terms of the new Firearms Control Act, the SABS would be in illegal possession of the firearms. A manufacturer stressed that the responsibility for any manufacturing defects always rests with the manufacturer if locally made, or with the distributor and/or dealer if imported. As the SABS would not accept any liability for firearms that passed their proofing and safety standards (a point confirmed by the SABS), there was no need for additional standards.

The SABS made it clear that the SA Police Service wanted safety standards and testing procedures to be imposed – which will increase costs without providing any benefit to the public. (It was becoming clear that politics were involved in what is essentially a privatized process – gun ‘control’ by economic means.)
Another manufacturer asked why the proposed standard applied only to civilian firearms and not to firearms manufactured for and on behalf of the government. (We would have thought that police and military lives were at least as valuable as civilian ones.)
With reference to range certification we were advised that the discussions were still at an early stage and nothing had yet been finalized. The industry pointed out (once again) that not a single range in the Republic complies with the proposed standards and that such ‘standards’ would be a ‘solution’ to a non-existing problem.
The industry was then told that it was the job of the Bureau of Standards to impose safety standards and that it would do its job – regardless of industry participation or agreement. Our vociferous objections had no apparent effect. The meeting ended on an inconclusive basis – further ‘consultation’ will take place if the Divisional Director of Regulatory Services deems it appropriate. Perhaps it is time for a Constitutional amendment – to ‘impose’ very clear definitions of what is meant by ‘consultation’ and ‘negotiation’.

Speaking out loud
Northern Region’s Andy Anderson arranged for Martin Hood to give a Rotary Club meeting a brief presentation on the Firearms Control Act and its implications for firearm owners and society at large. SAGA believes that we must make the most of any such opportunities – it is very important to get our message across to as many of the ‘uncommitted’ as possible and the support (or, at least, understanding) of influential Rotarians is vital for our cause. Our presentation, and the Q&A sessions, was well received and highlighted the fact that the general public is surprisingly(?) ignorant about the implications and legal effect of the Firearms Control Act.
Such presentations, like those given country-wide to farmers’ associations and other leading community groups in all five SAGA regions, are becoming a more and more important feature of our activities and we must record our thanks to all those who “serve the cause” in this manner (and other action).

Constitutional Review
Our presence is being noted in more and more ‘forums’ – from the United Nations to our own Parliamentary Committees – thanks largely to the Forum’s email group and SAGA’s own email list who were alerted by SAGA to the under-publicized review.
According to PMG’s (Parliamentary Monitoring Group) minutes of the 23 August meeting of the Constitutional Review Committee, the Chairman, Dr Z Pallo Jordan (ANC) “... pointed out that where the Committee had received a large number of submissions on a particular issue, this may be significant in determining where public concern lies. On the other hand it only reflects the concerns of certain literate and well-resourced individuals or groups. The numbers may not indicate, for example, the opinion of the general public on the right to bear arms.”
Mrs Sheila Camerer (NNP) said that “the firearms control lobby were a strong body and should be treated with the necessary respect.” [She was in fact talking about us – the ‘firearms lobby’ – without that ‘control’ in the middle. Ed]

In a “brief summary of the submissions” circulated to the Review Committee at an earlier meeting, it was stated: “Most of the submissions do not really fall within the ambit of this committee. They are concerns ... about certain aspects of their lives. The dominating theme ... is that of not being sufficiently protected against violence and other forms of crime ... that victims of crime are not receiving the care and concern that they expect while criminals are protected and even cosseted. This is clear from the submissions concerning criminals and prisoners, the death penalty, and the right to own, bear and use firearms in self-defence.
“We received a total of 317 submissions this year. By far the most of them pleaded for the right to possess, bear and use firearms (237).”
The document can be accessed at www.pmg.org.za

See also SAGA's submission to the Constitutional Review Committee

Collector’s Piece?
Although SAGA has addressed many, many letters and faxes to the Minister for Safety & Security his letter dated 2 August 2001 is the first time we have had the ‘privilege’ of receiving a response signed by the Minister himself. And, what’s more, it was in reply to our letter addressed to the Commissioner. This ‘red letter day’ letter is a collector’s piece – which is not (yet?) up for auction. For now, the most important part of his reply reads as follows:
“... in this case the Firearms Control act, 2000 in Schedule 3 makes specific provision that the provisions of the Arms and Ammunition Act, 1969 be repealed. This section has not been implemented, therefore, the provisions of the Arms and Ammunition Act, 1969 regarding the need to license airguns and antique firearms remain in force.”

We advise that you adhere to this interpretation of a convoluted situation until further notice.

Cops & Robbers
The above is the title of the lead editorial in the Sunday Sun (19 August). I doubt that anyone could possibly have missed Commissioner Selebi’s comments about enforcing the ‘smoking’ and ‘domestic violence’ laws but you may well have missed the comments in the new Sunday Sun  ‘tabloid’. Here is what was said in that headlined editorial:

“Police commissioner Jackie Selebi and his political boss Steve Tshwete often act like a pair of bulls in a china shop.
“Let’s face it though, the china is often old and chipped and needs clearing out.
“They’re both to diplomacy what PW Botha used to be to the milk of human kindness, but at least they’re honest in their outspoken opinions.
“Do we really expect the cops to sniff out who’s smoking while the country is on fire with crime?
“Do we expect people to be caught chatting on cellphones while somewhere somebody is being mugged for theirs?
“Zero tolerance is all very well, but then let it be against real crime.
“What is the point of making laws if they cannot be enforced?
“Those who think up frivolous laws should also be tasked with policing them, so that cops can get on with their real job – upholding the law and protecting citizens.”

We’d say that that was well said. It’s just a pity it doesn’t seem to apply to other impractical (frivolous?) laws and regulations.

Recruit and Win!
Thanks to the generosity of our sponsors YOU could win great Magnum-style prizes in time for Christmas! And you’ll be helping add much-needed ‘muscle’ to our membership numbers! (Which means YOU win again.)

We have been promised lots of lovely prizes to give, by lucky draw, to those of you who recruit new members for us. For every 200 full members recruited, we will draw ten prizes; you have a one in twenty chance of winning a valuable prize, but ALL gunowners WIN by having a stronger SAGA to look after all their interests.

• Sharp Edge is donating two lockback folders by CRKT (See ad on page 17)

• Pertinax is donating a Gold Medal sleeping bag (see report on page 78 of this issue); a Casco expandable baton;

• Bbobb is donating firearm/hunting books and Cold Steel knives (See ad on page 40);

• Magnum is donating subscriptions and binders ...

And that’s not all ...
If your response warrants it, it should be easy for us to find more sponsors willing to support our cause by giving more great prizes.

DO IT NOW – the sooner the first 200 are in, the sooner we’ll have the FIRST draw, with a higher than average prize value!

Please read the fine print:
You may recruit yourself if you are a lapsed member!
Only paid-up SAGA members  may enter.
You get one chance for every new paid-up full member recruited.
Make sure that your name and membership number appears on the application form of everyone you recruit.
Prizes may not be exchanged for cash or other goods.
The winners’ names will be published in Magnum and in SAGA’s Newsletter asap after each draw.

All an entry will ‘cost’ you is a little bit of gumption – go out there and recruit your friends and colleagues. If they do not appreciate the necessity of belonging to a strong and active association – this Bulletin should ‘prove’ how SAGA is beavering away in their interests.

Please contact the office with any enquiries or to offer extra prizes!

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Court Action

SAGA has again been busy protecting your rights to firearm ownership. SAGA representatives in conjunction with E Gun Shop, the largest retailer of firearms in South Africa, started a licensing monitoring project approximately a year ago because of concerns that licence applications were not being fairly assessed in a constitutionally correct manner.
At the end of last year the Promotion of Administrative Justice Act was promulgated which gave the public additional means to obtain reasons for administrative action from state officials. The effect of this Act is to expand the existing common law right to fair administrative action to compel administrative officials to provide reasons for their decisions. SAGA and the dealers’ association provided dealers with pro-forma letters to help them request reasons on behalf of those applicants whose licences were refused.

Allied to this effort, SAGA and National Firearms Forum representatives met with the Central Firearms Registry, in May, and requested that the “new, official” firearm licensing policy be disclosed to us – because it had become clear that the 1994 policy was no longer being applied, and because the number of licence refusals had substantially increased. Although our meetings were cordial, the Central Firearms Registry failed to honour undertakings to provide us with the licensing policy and we therefore had little option but to make an application in the Pretoria High Court for the disclosure of the policy. This was done because it is indisputably your right to be given all relevant information concerning administration actions/decisions that affect you. In other words, it is about ‘rights’ not ‘guns’. Our application is, however, being opposed by the Minister for Safety & Security.

In the same time period, the Central Firearms Registry provided E Gun Shop with a batch of reasons for firearm refusals. When these ‘reasons’ for refusals were vetted by SAGA’s attorneys and Counsel, it was concluded that many of them appeared to be unconstitutional and discriminatory. The press was alerted to this. Then the Democratic Alliance issued a press statement indicating that they were concerned about the improper application of policy and possible discrimination. In response to which, on 31 July, (in a sudden about-turn?) the Minister for Safety & Security, issued a press release which included the following, rather interesting, statement: “… it is simply because the black majority …. now enjoy human rights, one of which is gun ownership.” [Our emphasis.] In any event, we are fairly confident of reaching either an amicable resolution to the policy dilemma (our preferred, and less expensive, option), or of successfully obtaining the court order necessary to compel the disclosure of the policy.

Newsworthiness
It is often said (don’t ask who ‘they’ are) that there is no such thing as bad publicity. We disagree, but the court action did receive plenty of coverage (including about seven radio interviews with Martin Hood or Alex Holmes) – not all of which were accurate or favourable. It is thus clear that, despite the efforts of SAGA and the NNF to ‘educate’ the media, we still have some way to go before the press reveals a proper understanding of the issues involved. We cannot expect the media to support our position on the issues, but we do expect their commentary to be based on a fair understanding of the facts.

“That” Proclamation
SAGA has also taken issue with the Central Firearms Registry (CFR) and the Secretariat for Safety & Security concerning the 1 June 2001 Proclamation which brought into effect certain provisions of the Firearms Control Act – mainly those intended to facilitate the introduction of firearm-free zones. Section 140 was promulgated but led to difficulties because it also introduced the new definitions of a firearm that conflicted with the current Arms & Ammunitions Act. This was pointed out to the CFR with a request for clarification. Two contradictory responses were received. The first was from the Registry itself which indicated that in effect the proclamation should be ignored as air rifles and ‘antique firearms still needed to be licensed. This is a clear contradiction of what the proclamation states and SAGA is presently awaiting clarification from the Minister for Safety & Security as to precisely what the proclamation is meant to be and whether the Central Firearms Registry has the authority to overrule a Presidential Proclamation.

The second explanation, from Advocate Louis Kok (one the architects of the Firearms Control Act), was equally unsatisfactory. He interpreted the Proclamation to the effect that it was be of force and effect only in respect of firearm-free zones. This may have been the intention, but the Proclamation clearly does not state this. Further clarity is awaited.

Communications
We are pleased to report that members (and some of the unconvinced) have responded in an incredibly positive fashion to the SAGA Bulletins, the most recent newsletter and the new-look website. Not only is the office receiving much more information from the public about firearm problems and licensing difficulties with the police, but the public are now turning to SAGA for advice and help in respect of firearm related matters. A recent and notable example was that of the Barrage Police Station near Vereeniging. The Station Commander issued a directive that all persons holding firearm licences within his jurisdiction should obtain a safe – that complies with the SA Bureau of Standards regulations – within seven days, failing which their firearms will be confiscated, and the owners arrested and prosecuted.

The difficulty with this is that there is no SABS specification that has the effect of law and there is no law at present that requires a licensed firearm owner to possess a safe. The law merely requires that you have access to a safe for when a firearm is not on your person or under your direct control. SAGA’s attorneys have addressed the Station Commissioner and asked that he withdraw this directive and the Central Firearms Registry and the South African Police Services Legal Division has also been advised of this abuse. We would not have known about this had it not have been for an eagle-eyed reader of the Vaal Ster who saw this and immediately contacted us. It is this type of public participation that SAGA needs in order to fulfil its role in protecting your rights.

(Dis)United Nations
Well, SAGA’s delegates to the UN “Conference on the Illicit Trade in Small Arms & Light Weapons, etc, etc”, Bruce Shaw and Alex Holmes, have returned home in one piece – despite the climate being distinctly anti-gun over in New York. (Alex travelled under the SAGA banner because we were the only pro-gun organization to get accreditation, but his trip was financed by the National Firearms Forum.)
See also: UN Conference Report on the "News" page

The next SAGA Newsletter will carry a more detailed report on the activities and debates but we must take this early opportunity to record some thanks: First up must be President George W Bush. Although the USA was not the only country to oppose the inclusion of sanctions/regulations on “licit” firearms and trade, it was the USA which forced the conference to stick to the agenda/title – “illicit trade”. Without the strong principles his representatives displayed, the conference could well have deteriorated into another talk shop bent on demonizing guns and, while ignoring all the beneficial uses therefore, disparaging all those who wish to own firearms for entirely legitimate reasons. The activism at the G-8 meeting in Genoa drove the conclusions of ‘our’ conference off the headlines, but it was a very important affair and is due for a follow-up in 2006.

We ‘survived’ this round of the fight but it became more and more apparent that our ‘enemies’ are strong and determined.

Our grateful thanks also to Tom Mason of the World Forum. Tom coordinated the pro-gun delegates, and was (and remains) a mine of information and of great assistance to the South African party. The ‘networking’ opportunities he arranged resulted in our drawing strength from, and improving contacts and relations with, many of the other pro-gun (it is probably more accurate to say, “pro-individual freedoms, pro-independence, pro-human rights”) organizations from around the world. The time allowed for NGO’s ‘official’ statements was very, very short (some would say, not worth the airfare) but we and others believe that our presence alone contributed much to what we must regard as a successful conference and a set-back to all the interfering busybodies.

Scary Conference?
Jim Stockley sent us a lengthy report written by Jim Beers who attended the five day “Animal Rights 2001 Conference” in Virginia, USA also in July. Mr Beers confirms that “radical activism”, seemingly the flavour of the new millennium, abounds in all sorts of places. His full report on those sessions of this conference can be viewed CLICK HERE. In the meantime here follow some of the “pointers” or “tips” delegates were given to help them put a stop to hunting:

ON HUNTING
New Jersey is running out of kids indoctrinated to hunt.
Training kids with guns endangers everyone.
Stress issues that divide hunters like “canned” hunts.
Dog hunting and baiting also divide hunters so use these topics.
Hunters are already divided, keep dividing them.
Oppose all right to subsistence hunting by indigenous people.
Use kites, recordings, bullhorns, and “other” things
Hunters are getting old. Pretty soon they will just disappear.
Get to children early in school so they learn to hate hunting.
Work with the UN to bring more animals under their control.

You have been warned! We must learn to stand together.

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Premature Proclamation?

Airguns & Antiques
In last month’s Bulletin (and in the Newsletter that SAGA members should have had by now) we discussed Proclamation R33 which is supposed to bring certain sections of the new Act into operation. Our feeling that this was somewhat premature has now been confirmed. The Central Firearm Register circulated this message to the trade on
5 July: “With reference to the Government Gazette No 7076 Vol 432, Pretoria, 1 June 2001 it must be noted that all airguns as well as antique firearms must still be licensed.  
“Please note that the President has assented to the Firearms Control Act, 2001 (No 60 of 2000) which is published for general information, but not in operation yet.”

So it does appear that somebody forgot to oil the engine. If such a circular message from the CFR is indeed more powerful than a mere Presidential Proclamation, then we are going to have an awful lot to think about. And think of the savings, is Parliament really necessary? And what about Presidential jets and security systems?

For all practical purposes however, it appears to be “business as before” – as if the Proclamation had not been published. It is all rather confusing. As far as we can ascertain, the Proclamation has not been withdrawn, but is not operative. Questions must be asked, like: Was an expensive ‘consultant’ or ‘expert’ involved in this mess?
Was anyone consulted? Certainly not SAGA or the National Firearms Forum. Who do we question? Parliament? No, they’re off for the Winter recess, some of them may even have gone off on a hunt. Sorry, you will all just have to hang in there. We will bring you whatever concrete news we can – when everybody makes up their minds about what they really want, and are in a position, to actually do.  

Gangstas Rule – Not OK
We haven’t picked up any further statements from the Minister to the effect that the troubled (very) areas of the Western Cape are being declared “Gun-Free”. Neither have we picked up any reports on masses of gangsters being picked up for being in possession of unlicensed firearms. We can, however, ‘rely’ on regular news reports of gang shootings (in which innocents are also sadly killed or injured) and TV documentaries about violent behaviour – nearly all the good gun owners disappear into in the background while the bad ones hog the headlines.

Peculiar Phenomena?
We were sent a copy of a (semi-?) official police questionnaire for firearm licence applicants. Someone is going beyond the call of duty, and while he/she is about it, is also going above the law. Headed “Requirements for Application to Possess a Firearm” this ultra vires document lists the ‘Requirements’ as (we are quoting it verbatim – i.e. warts and all):-

1. Firearm Application
2. R50-00 Revenue Stamp
3. Copy of Identity Document
4. Copy of spouse's Identity Document if married
5. Letter from spouse if married : Character Reference
6. Letter from Neighbour : Character reference : Copy of Neighbours Identity Document
7. Letter from prominent person : Character Reference : Copy of Identity Document
8. Doctor's certificate stating physically and mentally fit
9. Letter from parent if living with Parent: Copy of Parent's Identity Document
10. Shooting Certificate
11. Reference from Place of Employment
12. Receipt of safe (ends quote)

You are then required to telephone to confirm an appointment.
There is no doubt at all in my mind that this document is totally out of order. The person/s behind it should be charged with fraud, misrepresentation and intimidation (or should that be ‘inviting corruption’?). Which highlights one of the very biggest problems facing ‘the system’. What does an ordinary, uninformed but generally law-abiding, citizen do when such irregular ‘demands’ are made? Does he/she assume that such requirements are legal and necessary? And do his/her best to comply? What happens when (not ‘if’) the doctor refuses to even contemplate issuing such a certificate? Or will sign one for a fee? Of R500? Will the policeman ‘recommend’ his cousin/uncle/brother/buddy to issue a ‘shooting certificate’? Which is then issued without any shots being fired for the ‘bargain price’ of R250?

The possibilities (probabilities) for corruption can be multiplied by each extra document required. And, this is nothing new, there are probably plenty of pre-94 models of it in circulation. I believe that quite a number of officials have been investigated and some charges laid. Is the whole list of ‘requirements’ a private ‘scam’ to make it easier to ‘suggest’ that problems can easily be sorted out by a ‘small service fee’. And the victims? They will be those most likely to be intimidated by ‘authority’. Those who simply cannot afford not to get their firearm licence and are therefore unwilling to risk any confrontation. They will mostly likely be first-time licence applicants with little knowledge of the system and who can least afford ‘small service fees’ and rotten useless ‘shooting certificates’.

SAGA has challenged this ‘Requirement List’ and demanded an urgent response from the Station Commander concerned. That is only the first step ... watch this space.

What can you do about such farcical behaviour?
When it is about firearm licensing and other relevant matters, please send as much detail as you can to Gavin Leach at SAGA’s admin offices. He will try to help you and use the data to build up a database of maladministration, out-of-hand bureaucrats, etc, etc, etc. We will use such data to the benefit of all SA firearm owners, and indeed the SAPS – which certainly needs credibility and public support much more than it needs over-officious, meddlesome members/ employees. 

When it is about other matters, take it to the next higher authority and only after he/she/it has had a chance to correct the problem, take outside action. Write to the press (local and/or national), raise it on a radio talk show, write to your MP,  take it up with a relevant NGO, Chamber of Commerce, etc.

We urge you to get into the habit of speaking up for your rights.

Licensing Policy
Despite all our attempts, including ‘lawyer’s letters’, we have not (yet?) had access to the official licensing policy. And this while refusals seem to be at an all-time high. If you have been refused a licence, please copy the refusal letter, with any further details, to Gavin in our Durban office. Remember also to insist on getting written reasons any refusals – you are fully entitled to proper reasons.