FIREARMS CONTROL BILL APPROVED BY CABINET

Issued by the Ministry for Safety and Security

18 November 1999

The Firearms Control Bill, drafted in accordance with Ministerial policy was yesterday approved by Cabinet.

The passage of the Bill through Cabinet sends a clear and loud message; this government has dealt a decisive blow to violent criminals, given that guns are the common denominator in crimes as diverse as rape, domestic violence, hijacking and robbery.

The focus of the Bill is the criminal element that has terrorised law- abiding citizens for too long.

The drafting team was appointed by me, comprising members of the South African Police Service, Secretariat for Safety and Security and the National Directorate for Public Prosecutions. Adv. Paul Pretorius SC and Adv. Matthew Chaskalson assisted the drafting team.

The drafting process was dogged by misinformation and rumour-mongering. There was a claim -both dangerous and irresponsible - that the government was attempting to disarm Afrikaners. The claim was particularly outrageous in the light of our commitment to reconciliation and nation-building.

The Bill is in fact sensitive to the needs and cultures of special interest groups: to sports shooters, hunters and collectors. We have also taken into account special circumstances such as inheritance of firearms with sentimental value.

MAIN POINTS OF THE BILL

• The Bill provides for stricter control over the issuing and renewal of firearm licences
• It provides for stricter control of State owned firearms
• New presumptions have been developed on the illegal possession of firearms, together with heavy penalties (being in possession of an unlicensed firearm illegally carries up to 15 years sentence).
• It provides for extended policing powers. (Significant for instance is the ability of the police to fingerprint all occupants of a motor vehicle in a case where an illegal firearm is found and seized, to establish ownership or possession).
• Administrative penalties will allow the Registrar to act against certain transgressions. This is intended to avoid clogging the courts with minor offences.
• Incorporated into the Bill are measures that ensure that State departments and other institutions of the State are not hampered in their work, but at the same time carry the responsibility for ensuring proper control of their official firearms.

GENERAL

• The Bill is as easy to read as possible. Our aim is to ensure that it is user friendly for law enforcement agencies and the public alike.
• The presumptions and penalties contained in the Bill are very tough - but necessary. We will relentlessly address the unacceptably high levels of firearms related crimes and violence in our society.

PUBLIC CONSULTATION

• The Bill is now available on the Internet and will be published in the Government Gazette. I will forward the Bill to Parliament where the process of full public consultation will be initiated within the Portfolio Committee for Safety and Security. Weticipate constructive debate during the public hearings that are expected to take place early in the new year.
• The drafting of this Bill has required complex and extensive understanding and balancing of often-conflicting needs and requirements of a variety of interest groups. It will be central to our campaign to create a new and responsible culture of firearmwnership, and will be supported by ongoing education and awareness initiatives.
• This is not an attempt to disarm any sector of our society except for those who use firearms in the commission of crime and violence.

For further information call Andre Martin (082 809 5265)
or Barbara Holtmann (082 444 8824)

The Bill will be available to you via your email from 10:30 am Thursday 18th November 1999. Should you have any difficulty accessing it, please call us.