Legislation passed three years ago to ensure stricter gun control is finally about to come into effect — and is facing harsh criticism from pro-gun lobbyists, who believe the police are unable to implement it.
The Firearms Control Act, passed in October 2000, is expected to be implemented by the end of the year. It limits the number of weapons that can be owned by one person, and imposes stricter controls on who can qualify for a licence. Self-defence licences must be renewed every five years, requiring proof of training, as well as an assessment of proficiency and mental stability.
Previously, applicants were screened only for a criminal record or obvious behaviour that would make then unfit to own a gun. Under the new law police will have to conduct specific background checks on histories of violence or sexual abuse, the applicant’s domestic relationships and any fraud in a previous application. It also increases the legal age of firearm owners from 16 to 21.
According to the national organiser of Gun-Free South Africa (GFSA), Joseph Dube, the number of illegal firearms in South Africa is believed to be about 800 000.
So far this year police have recovered 14 140 illegal firearms, said Senior Superintendent Andrew Lesch, communications officer for the South African Police Service’s (SAPS) Operation Sethunya (firearm). Stolen firearms account for 20 000 illegal weapons each year.
”In South African cities more people die of gunshots than in car accidents,” said Richard Matzopoulos, a scientist in the Unisa and Medical Research Council’s crime, violence and injury programme. As many as 75% of aggravated robberies (those in which force or the threat of force is used) are committed with handguns, said Gareth Newham of the Centre for the Study of Violence and Reconciliation.
Anti-gun activists feel the legislation is not strict enough. GFSA national chairperson Sheena Duncan said: ”We see it as an intermediate step towards getting guns out of civilian hands. We are sorry that it’s taking so long to be implemented.” GFSA aims to get rid of all ”guns in private hands”.
The new law is threatened by organisational chaos. ”If the Act were to be implemented now, there would be an unmitigated disaster that would embarrass the police and politicians,” said Martin Hood, attorney for the South African Gun Owners’ Association (Saga) and the South African Arms and Ammunition Dealers’ Association (Saada).
”The police are not telling the truth to politicians or the public about their capacity to implement [the Act],” he said. According to him, the law is ”a dog’s breakfast. It’s very complex. We have reservations about a number of sections”.
A senior member of a firearm training association said he doubted whether all existing licensed gun owners could receive the required training by the time they had to renew their licences. There were some two million legal private gun owners in South Africa at June this year.
A lack of police resources, said Hood, meant lengthy delays in processing applications. His clients complained that police take up to three months to interview people named as referees in licence applications. He attributes this to a lack of police vehicles, stationery and computers.
Lesch agrees that the regulations must be worked out: ”The Act says what must be done, not how.” This has been delayed by the comprehensive consultative process required.
Currently, Lesch said, the process of acquiring a licence takes two to three months. He disagrees with Hood, saying the SAPS is ready to implement the law. ”I don’t say it’s an easy task. Most of the people we have to interview are only available after hours.”
Hood said the delays will be considerable: ”In June this year it took a few weeks to get a licence. Now it’s predicted that it will take up to a year.”
He estimates that as many as 80% of applications for firearms are turned down; Lesch said applications rejected this year amount to just over 20%.
The courts have directed the SAPS to do stricter checks. Assessors and trainers must be accredited with the policing, private security, legal, justice and correctional services sector education and training authority.
By October 29, the authority had issued three accreditations to associations and individuals, with another 11 applications under assessment.
Applicants’ experience will be taken into consideration in the application process, though even experienced gun users will have to undergo a day’s training. Applicants who have not used guns before may require a week’s training. It is expected that firearm owners who are currently licensed will be given a five-year grace period to reapply.