Barry Streek South Africa’s tougher new gun control regime is rapidly taking shape in Parliament in Cape Town. Prospective gun- owners will have to be older than in the past, demonstrate that they are competent to have a firearm and will hold a licence for a fixed period only, rather than for life.
It seems likely that a prospective gun owner will have to be at least 21 years of age, but possibly as old as 25; ownership will be limited to one firearm a person for self-defence; and an owner will have to renew his or her permit periodically, which may mean anything from every two to every 10 years. Hearings before Parliament’s portfolio committee on safety and security on the 155 clauses of the Firearms Control Bill and consideration of proposed amendments are scheduled for completion by the middle of next week when voting is due to take place. The Bill is then due to be debated in the National Assembly on October 12. This week the committee unanimously voted in principle to support the proposal for the establishment of gun-free zones because of its potential to help fight crime. Various interest groups – including the gun lobby, civil rights organisations, women’s groups and Gunfree South Africa – have testified before the committee. Some women’s and children’s rights groups have proposed amendments to provide greater protection to victims of domestic violence. But most of these proposals had not been incorporated into the legislation by late this week. The current age restriction for gun licences is 18, but most of the political parties have proposed it be raised to 21, while the African National Congress is proposing an age limit of 25. Support for a higher age limit stems from concern about the rate of firearms violence among young people, particularly in schools and between gangs.
As formulated, the Bill will, however, allow exceptions to whatever higher age limit is imposed. People over the age of 18, but under the new limit, will be allowed to own guns if they are farmers, have opened businesses or if they are members of the police, the defence force and security firms. The Bill provides that no one may own a firearm without first acquiring a competency certificate, which will not be issued unless the applicant is of a stable mental condition and is not dependent on any intoxicating or narcotic substance. Apart from excluding people convicted of offences involving the use of firearms or violence, applicants will have to complete a prescribed test on knowledge of the law and complete prescribed training and practical tests. Only then will people be able to apply for a firearm licence, which, like the competency certificate, will have to be registered at the Central Firearms Register.
At present, a person applies for a firearm licence only once and for life, through the police, and the information is then recorded at the Central Firearms Register. Under the new Bill a firearm can be acquired only for a specific purpose, such as self-defence, and the licence has to be renewed periodically. Gunfree South Africa’s Adele Kirsten is cautiously optimistic about the legislation, but feels the committee has “failed to seize the opportunity to give further protection to women and children from firearms threats, particularly in the home. They could go much further.” People will not be entitled to own guns if a permanent protection order under the Domestic Violence Act has been issued against them. But the gender equality commission and the child health policy unit proposed this provision should be extended. They proposed competency certificates should be suspended when an interim protection order has been issued in terms of the Domestic Violence Act, or where an application was waiting for a determination of sentence, or where an appeal against conviction or sentence had been filed. These suspensions should be lifted only in cases where a final protection order was not issued, where sentence has been determined or where an appeal process has been finalised. These proposals have not yet been accepted by the committee, although Kirsten says she expected the committee to do so after the hearings.
Kirsten says there is growing consensus in the committee on the need for the new measure.
There is, however, opposition, particularly from the gun lobby, to the limit of one gun for self-defence purposes. But the ANC majority is in favour of this control.