Gun shop owners are taking the police to court in a bid to get information on the workings of the central firearm registry.
This comes in the wake of reports that no legal firearms have been sold in South Africa since the new and tougher firearms Act came into force on July 1.
Safety and Security Ministry spokesperosn Leslie Xinwa also confirmed on Tuesday that there was a backlog of more than 10 000 appeals against refusal of firearms licence applications.
Chairperson of the SA Arms and Ammunition Dealers Association, Alex Holmes, said his organisation, which also represents manufacturers and gunsmiths, had been trying for almost a year to get information on the registry.
The association filed a request in November under the Promotion of Access to Information Act for details of the registry’s workload and staffing, as well as for policy criteria and guidelines for approval of licence requests.
After being stonewalled for months, the association had finally served papers on Safety and Security Minister Charles Nqakula, national police commissioner Jackie Selebi and the head of the registry.
A date for a hearing in the Pretoria High Court had yet to be arranged: if the association was ”lucky”, it would be this year.
Holmes said even though the information requested related to a period before the new Act came in, it would help establish ”a pattern”, and to show that police should have foreseen the current problems.
In addition, there was a matter of principle.
”We have to prove that we’re serious,” he said.
”The central firearms registry must accept that they have to comply with the law, not simply ignore it.”
Holmes said the number of applications turned down by the registry over the past six months was probably over 80%.
His understanding was that the police had issued only five competency certificates — a prerequisite for applying for a licence, which was in turn a precondition for getting a gun — in the past three months.
Before this, 10 to 15 000 guns were sold legally every month in South Africa.
”That’s now gone down to zero for obvious reasons,” he said.
”It’s a total shambles.”
Holmes maintained that the solution was ”quite simple”: The requirement for a competency certificate should be suspended for a year or so, until the system to support it was in place.
Cape Town gun shop owner Rod Price said on Tuesday the new Act had had a ”radical” effect on his business.
Orders placed last year for guns were starting to flow in from the manufacturers, but he was unable to sell the weapons to customers because the bureaucratic infrastructure to deal with the requirements of the Act were not in place.
”We still sell ammunition, but as far as firearms are concerned it’s been a bad one,” he said.
National police spokesperson Director Phuti Setati said he did not know where the figure of 80% for refused applications came from, and that it ”might be misleading”.
He did not, however, have the correct figure at his fingertips.
”Applications are being forwarded now in accordance with the Act and are being processed,” he said.
”Those that are turned down, people can still appeal against the decision that was taken.”
Asked whether the fact that the appeal body had not been functioning since May for want of a chairperson was not a matter of concern, he said.
”That is not the issue. They must appeal. That is what is important — within 90 days. That is what is important.
”Rest assured their appeal will be attended to.”
He said people should not lose sight of the fact that the new Act was meant to help the police control firearms more efficiently, and to promote responsible firearm ownership.
Nqakula’s spokesperson Leslie Xinwa said interviews for a new chairperson for the appeal board would be conducted on Friday, and that the minister would then make an appointment.
Meanwhile, by about 1 000 gun owners have threatened to blockade a part of Schoeman Street in central Pretoria until they get an audience with Safety and Security Minister Charles Nqakula on their firearm licensing grievances.
”We will stay here even if it takes three months,” said Black Gun Owners Association chairperson Abious Khoele shortly after 2pm.
Asked what would happen if the minister did not come, he told reporters: ”After three months we will see what we can do.”
A police water cannon was brought to the scene at 2.15pm. Police were negotiating with the protesters to get them to disperse before the afternoon peak traffic, but they were refusing.
About 2 500 protesters marched from the corner of Schubart and Skinner streets to police headquarters in Schoeman street around noon.
They have been occupying the part of Schoeman Street between Andries and Paul Kruger streets since then.
The crowd, which included several children, has since shrunk to about 1 000.
Earlier the group refused to present a memorandum to a delegated police representative — Central Firearms Registry official Senior Superintendent Sam Lekgotla.
Khoele told Lekgotla: ”We are not going anywhere. We want the minister. We will stay here until we get a proper response.”
He said the group had previously forwarded three memoranda to Nqakula’s office, with no response forthcoming.
The crowd jeered angrily when told the minister was not available.
They carried placards reading ”Nqakula give blacks their firearm licences”, ”Nqakula, who do you impose harsh penalties on blacks?” and ”Stop making South Africa like Zimbabwe”.
In their memorandum the protesters said the new firearm law would force people to arm themselves with illegal guns to defend themselves and their families.
They claimed 99% of firearm licence applications were refused.
”Will the families be entitled to compensation when they [the police] refuse a licence to a person who needs it and he or she is killed or injured?” the memorandum read.
The crowd claimed black people were not consulted when the new law was passed.
”Is it because these laws are aimed at disarming the black population, rendering us defenceless?” – Sapa