|
Stick to your guns
| Date: |
29 March 2009 07:00 |
| Producer: |
Ashleigh Hamilton
|
| Presenter: |
John Webb
|
| Researcher: |
Xoli Matomela
|
| Show: | Carte Blanche |
In 2004 Carte Blanche addressed the aggravation around the implementation of the Firearms Control Act.
[Carte Blanche 2004] Derek Watts (Carte Blanche presenter): Since the middle of last year the Police's Central Fire Arms Register has often hit the headlines. Its inner workings left most South Africans confused and frustrated. The Firearms Control Act is designed to reduce the available number of firearms and to tighten control - something that has become clearly necessary, considering the high crime statistics. Since it only applies to licensed firearms, hundreds of thousands of unlicensed weapons in criminal hands are not accounted for in the clampdown.
That was the story we told in 2004.
John Webb (Carte Blanche presenter): "After 31 March 2009, which is in just two days, if you own a firearm which has not been registered under the new Firearms Control Act you will be the owner of an illegal firearm. And that means if you choose not to dispose of it, if you either use your gun or it's just found on you, you could face a hefty fine or even time in jail..."
Eddy Pretorius is the manager of a firearms dealership. He feels that the process is prejudicial and that applicants are unfairly scrutinised.
Eddy Pretorius (Gun shop manager): "To take unwanted guns out of the system... to update your system... I have no problems with that. But the fact that you need to re-motivate your need for the gun that you have owned for perhaps 20 - 30 years... it's unpalatable."
Abios Khoele (Chairman: Black Gun Owners Association): "If they take away my gun then they are taking away my right to life."
Chairman of the Black Gun Owners Association, Abios Khoele, shoots from the hip. He represents 45 000 members who are up in arms about the Firearms Control Act.
Abios: "South Africa is a dangerous country... you can even see with the ministers... all of them are with body guards. So if they are telling people they must travel alone without guns, let them lead by example."
Under the new law, existing and first-time firearm owners must complete a proficiency training course privately before applying for a competency certificate with the police.
Applicants must finance their own training and rates vary from R600 to R2 000. They must also then pay a R70 fee for each firearm they need to register and another R70 for the competency certificate.
Abios: "Most of the people are angry about this Act and most cannot renew their licenses - it's too costly. When it comes to a push they are going to keep the firearms - illegally. They don't want a license - they want a firearm for self-defence."
The man responsible for implementing the law is Director Jaco Bothma; he is in charge of the Firearms Control Registry in the police. He is adamant that gun owners who have not yet registered are shooting themselves in the foot.
Director Jaco Bothma (Section Head: F.L.A.S.H.): "We have contingency plans in place - we will do an audit on all the people that did not apply for a firearm licence. And it is our responsibility to start with tracing teams to trace these firearms and the individuals that did not apply."
John: "South Africa is said to have the second highest violent crime rate in the world and, while crime is yet to be brought under control, the new Firearms Control Act appears to be disarming the civilian public who are up in arms about their rights to self protection."
Existing gun owners are faced with a few options if they choose not to re-licence their firearms. They can hand in their gun to the police for destruction or they can sign it over to a gun dealer. Some have opted to hold onto them illegally, while others prefer to sell them on the street.
Abios: "It's forcing people to be in possession of illegal firearms. It's adding to that number of illegal firearms in circulation."
Nobody really knows how many illegal firearms there are in South Africa. Estimates range between 500 000 and four million.
The new law sets the stage to target illegal gun carriers. Before, the police had little impact on the proliferation of unlicenced firearms as laws were not in place to allow the full prosecution of offenders. Crucial to the success of the Act is the updated database of licensed firearms and their owners... anyone falling out of this system can be fined or jailed.
John: "If the vast majority of crimes are committed with illegal firearms... why not focus on that?"
Jaco: "If you look at the legislation, the focus is - specifically - on the criminals that are roaming around with illegal firearms."
John: "I beg to differ... the focus is on citizens who have armed themselves for various reasons and the emphasis at the moment is on them [and] not on the criminals."
Jaco: "We not only focus on the legal environment, but also the illegal environment in South Africa. If we look to the legislation in its entire context it provides for our detective service a leverage that they can make certain that a person is maximum' sentenced in a court of law. Otherwise we will not have something to declare people unfit... then we will not have these severe penalties in a court of law in respect of the person who is a criminal in South Africa."
A lot of gun owners do see value in the new law and the training that goes with it.
Reshin Reddy (Police reservist): "It's not just point and shoot. It is safekeeping; what do you do when kids are there; in the event of somebody else being shot - how to actually react to it... If you haven't gone for it [a licence], you deserve to have [your] gun taken away from you."
Reshin Reddy is a businessman and police reservist.
Reshin: "If any gun owner hasn't taken the steps to go renew their licence, then they're not interested in the law, they don't respect the new law that has come out and they don't deserve to own that weapon - whether it's locked forever collecting dust or whether it's actually carried with them every day."
Some would like to comply, but the process presents obstacles.
Abios: "The main purpose of the act is to disarm the population, so that is why I'm very angry because there is no guarantee that when I renew I'm still going to retain my licence."
Eddy: "How do you defend yourself against half a dozen guys that break into your house... pepper spray?"
"You have a husband who can protect you,' "you do not have the right type of house for a firearm," and "you have not yet been attacked" are all reasons the Gun Owners Association have recorded on denied applications. Self protection doesn't crack it either.
Abios: "99% of our applicants have been turned [away] with no reasons at all, which means they are depriving black people to protect their lives and properties."
This figure only represents applications of black gun owners who applied for renewal. Official statistics on the other hand show that of the estimated two million legal gun owners with approximately four million firearms, the police claim 650 000 have applied - of which 400 000 have been approved, 5 000 denied and 145 000 are still pending.
Approximately half of the remaining 1.3-million legal gun owners have surrendered their firearms for destruction. That leaves roughly 700 000 that have not entered the process and will be liable for prosecution.
Eddy: "A lot of applicants are still waiting for licences, they are waiting for things like safe inspections... some of them running, we believe, up to two years late. They are waiting for competency certificates to be issued; they are waiting for licences to be issued; they are waiting for appeals to be heard; and there seems to just be a huge backlog."
Eddy has also found that many of his customers are being shoved from pillar to post in trying to comply with the new law.
John: "Christo, you applied for a licence... tell us about what happened."
Christo "Fats" Bothma: "When the new firearm licence came into effect about four years ago, I went through the process, I did courses; the proficiency certificate I got; I handed in my application for competency and renewal. And - to the day - it is exactly 27 of the 3rd [month] 2005... it is four years later. I still haven't received my competency certificate."
Christo Bothma hopes he will receive his competency certificate before his licence is due for renewal in one year's time.
Christo: "The whole system is so clogged up... so many people... and the police just can't cope."
Abios: "They are overloaded - and they've been overloaded before - and Director Bothma keeps on telling people that he is up to standard with everything, he's very quick with the renewals. I have got people who renewed from 2003 till today whose applications are still pending."
Jaco: "We have not got a backlog..."
John: "So everything is on stream and everything is up to date?"
Jaco: "No... ja, according to me, the information that I've got - all applications have been processed, we've got an administrative process so according to me no'."
John: "We have spoken to people who have for example waited up to four years and still haven't received their licence."
Jaco: "We need to do a proper background evaluation; we need to do a proper criminal check. So yes, there [is] applications for a extensive period of time outstanding, but there is specific substantive reasons for it."
Applications for license renewals will still be processed between the 1st of April and the 30th June 2009 in a three month amnesty period. But you do need to provide good reason for having missed your registration date.
John: "What do you have to say to those who have not participated?"
Bothma: "If they do not comply with the legislation, I am a police officer - there is no alternative. Comply because, at the end of the day, because you, as an individual in South Africa, are going to suffer..."
IMPORTANT DISCLAIMER:While every attempt has been made to ensure this transcript or summary is accurate, Carte Blanche or its agents cannot be held liable for any claims arising out of inaccuracies caused by human error or electronic fault. This transcript was typed from a transcription recording unit and not from an original script, so due to the possibility of mishearing and the difficulty, in some cases, of identifying individual speakers, errors cannot be ruled out.
|