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The Minister of Safety and Security, Mr. Charles Nqakula, says he will not compensate legal gun owners for the loss of weapons when licenses are reissued. According to the new gun law, individuals are only allowed to have a restricted number of guns. This implies that current gun owners will not be allowed to have certain guns and will either have to sell them or hand them to the police for destruction. The Minister replied to a question of Mr. Pieter Groenewald (MP) of the Freedom Front Plus in Parliament.

"With this reply the Minister forces the FF Plus to initiate the process of a court case against the Minister. The Minister contravenes sec. 137 of the new Act on the Control of Weapons (Act 60 of 2000). This section in the law specifically provides for the compensation of persons who hand in or forfeit their weapons to the State. Sec. 137 (5) of the same Act furthermore places an obligation on the Minister of Safety and Security to introduce, in conjunction with the Minister of Finance, guidelines for the payment of compensation. The Minister, Charles Nqakula, is busy neglecting his duties and is quite clearly not aware of sec. 137 of the Gun Law," Mr. Pieter Groenewald (MP), chief spokesperson for Safety and Security of the Freedom Front Plus said.

"In his reply the Minister furthermore places the onus on legal gun owners to sell the guns themselves, have the guns de-activated or willingly hand the guns to the SAPS for destruction. The government in this way deprives legal gun owners of their property rights without compensation. In our view this is a further contravention of sec. 25 of the Constitution which guarantees property rights. Section 25 (1) of the Constitution stipulates amongst others that nobody may be deprived of his/her property and no legal regulation may arbitrarily allow the dispossession of property," Groenewald said.

The FF Plus calls on all gun owners, when handing in their guns, to insist upon the completion of the prescribed form which is to be submitted to the Registrar, thereby applying for compensation in terms of sec. 137 of the Act.

NATIONAL ASSEMBLY

FOR WRITTEN REPLY - QUESTION NO 727

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 27 MAY 2005
(INTERNAL QUESTION PAPER NO 16/2005)

Date reply submitted: 08 June 2005

Mr P J Groenewald (FF Plus) to ask the Minister of Safety and Security:†

(1) Whether gun owners who, in accordance with the new Firearms Control Act, Act 60 of 2000, will not be able to own certain guns and will have to hand in those guns, will be compensated for such guns; if not, why not; if so, what will the compensation amount to;

(2) whether he will make a statement on the matter?
N862E

REPLY:
(1) No, all existing firearm licence holders who have been issued with firearm licences in terms of the Arms and Ammunition Act, 1969 (Act No. 75 of 1969) and who wish to renew their existing firearm licences, permits or authorisations must apply for the renewal of their corresponding licence, permit or authorisation within the period as prescribed. Such person may only renew the required number of firearms in terms of the Firearms Control Act, 2000 (Act No. 60 of 2000). The firearms for which the licences cannot be renewed may be disposed of in the following manner:

ÿ selling the firearm to another person who may lawfully possess the firearm.
ÿ the firearm may be deactivated.
ÿ the firearm may be sold to a licenced firearm dealer or handed to such licenced dealer to be sold on her/his behalf.
ÿ voluntary handing in of the firearm to the South African Police Service for destruction.

The existing firearm licence holders have various options at their disposal to dispose of their firearms and therefore no compensation will be payable.

(2) No.