Nqakula warns gun owners

2006-02-28 10:00

Cape Town - Safety and Security Minister Charles Nqakula has warned that gun owners still have to comply with the existing provisions of the Firearms Control Act, despite the publication of a draft amendment bill.

The draft bill was published for public comment in the Government Gazette on Friday.

The ministry said: "It is of vital importance to take note that the draft bill contains mere proposals, which are published for the wider public to submit comments on or before March 31 2006.

"The draft bill does not affect the existing legal position and therefore it is essential that all legal firearm owners must still comply with the existing provisions of the Firearms Control Act, 2000."

The bill did not place a moratorium on the renewal of firearm licences issued under the old Act, repealed when the 2000 Act came into effect, the ministry said in a media statement.

Individual firearms

The draft bill proposed:

- Instead of renewing gun licences every five years, legal firearm owners obtain a competency certificate and their guns be audited. Instead of applying for individual firearms, it will only be necessary to apply for a competency certificate every five years;

- Limitations on the number of guns, which may be possessed in defined categories will only apply to new applications. Owners of firearms licensed under the repealed Act will be able to relicence these after obtaining a competency certificate within the scheduled time-frames;

- "Replicas" of muzzleloaders be removed from the definition of "antique firearms" and also be licenced;

- Prosecutors be enabled to determine admission of guilt fines in respect of minor offences without the offender being automatically declared unfit to possess a firearm;

- All collected firearms be made inoperable; and

- A shotgun able to fire no more than five shots in succession without having to be reloaded be licensed to a dedicated hunter or dedicated sports person.

'Act is failing'

The draft bill was available on the police website www.saps.org.za, and comments could be sent to: Director P Van Vuuren, Legal Services: SAPS, Private Bag X302, Pretoria, 0001, or e-mail: [e-mail] and Fax: [phone].

Commenting on the bill, Democratic Alliance spokesperson Roy Jankielsohn said it was a "mixed bag".

He said: "The most important aspect of the bill is the acknowledgement that the current Act is failing."

Some owners had already surrendered firearms for destruction after being threatened with imprisonment if they didn't renew existing licenses by certain dates.

He said: "Government will have to negotiate appropriate compensation with such individuals."

Martin Hedington, executive member of Gun Owners of South Africa, criticised Nqakula and the police for failing to foresee the economic impact of "this incredibly stupid law", estimated by some to be as high as R24bn a year.

- SAPA