Firearms Control Bill: resolutions & voting

Meeting report

SECURITY AND CONSTITUTIONAL AFFAIRS SELECT COMMITTEE
30 October 2000
FIREARMS CONTROL BILL: RESOLUTIONS AND VOTING

Relevant documents:
Firearms Control Bill [B34D]
Firearms Control Bill Resolutions (as recommended by Select Committee) [see Appendix 1]

Chairperson: Mr J L Mahlangu

SUMMARY
The Committee reviewed the resolutions that they had requested the Department to draft. The resolutions that received the most attention were those dealing with Clauses 9 and 108. The committee voted in favour of the resolutions. The committee voted on the Bill and it was passed without amendments by this committee. The DP and NNP voted against many of the clauses and against the Bill as a whole.
[Note: Prior to voting by the National Assembly, two changes were made to Bill as passed by the Portfolio Committee on Safety and Security that will be reflected in the D version: a technical correction to Clause 9 (3)(a) and the removal of the phrase in Clause 120 (2)(a), "or who ought reasonably to be aware"]

MINUTES
Firearms Control Bill
The Committee could not commence with the meeting, as the required quorum for voting was missing. Once a quorum was achieved, the Committee checked the correctness of the resolutions that they had requested the Department to draft beforing accepting them. The Chair, Mr Mahlangu, stated that he would not allow any amendments to be recommended at this stage, as it would delay the passing of the Bill.

The resolutions that the committee passed dealt specifically with Clauses 8, 9, 24, 35, 49, 63, 98, 103, 107,108, 128 and 151. The committee agreed to most of the resolutions as they were presented. However the ones dealing with Clauses 9 and 108 were discussed at length.

Clause 9 (Resolution)
The clause deals with the situation where a final protection order has been granted against a person and how this would affect the Registrar's assessment of the individual's fitness to possess a firearm. Adv Kok (from the Department) said the committee had two choices on how to include this provision in the Bill: either by way of a resolution or by amending Clause 9 with the addition of a new subsection (7). This new section would be as follows:
Subsection (7): " In determining whether a person is a fit and proper person to possess a firearm, to trade in firearms, to manufacture firearms or to conduct business as a gunsmith, as contemplated in this section, the Registrar must give due consideration to any final protection order granted against the person in terms of the Domestic Violence Act, 1998 (Act No. 116 of 1998).

Mr Lever (DP, North West) felt it would be better to include the new subsection (7) to Clause 9.

The Chair, however, felt that amending Clause 9 at this stage would delay the process, as the Bill would then have to go back to the National Assembly for approval of the amendment. This would be impossible to achieve prior to the National Assembly closing for the year. He strongly advised that the provision be dealt with in a resolution.

Mr Mathee (NNP, Kwazulu-Natal) suggested that the provision could be provided for in a resolution as long as reference is made to the Domestic Violence Act, as is provided for in the proposed subsection (7).

The committee agreed to to Adv Kok's proposed resolution:
" The resolutions to be issued in terms of the provisions of this Bill should impose an obligation on the Registrar to give due consideration to the effect of the granting of a final protection order in terms of the Domestic Violence Act, 1998 (Act No. 116 of 1998), against a person who applies for a competency certificate, on the question whether he or she is a fit and proper person to possess a firearm, to trade in firearms, to manufacture firearms or to conduct business as a gunsmith, as the case may be. This obligation should relate to all final protection orders granted within a period of five years before receipt of the application for a competency certificate by the Designated Firearms Officer."

Clause 108 (Resolution)
Adv Kok gave the committee an option of a resolution or, in this case, amending Schedule 4 of the Bill:
Option 1: A resolution would provide that a person should not be prosecuted for a mere refusal to give information to a police official upon a request for information in terms of this section.
Option 2: Schedule 4 be amended by the deletion of the reference to section 108(1) and the corresponding penalty of one year imprisonment.

Mr Lever was in favour of amending Schedule 4 but felt that the words, "In due course" should replace the word, "Alternatively". The Chair was not in favour of amending the schedule.

Adv Kok suggested including the proposed amendment to Schedule 4 in the resolution as well as replacing the word, "Alternatively" with the words, "In due course"

The committee agreed that the resolution would read:
"A person should not be prosecuted for a mere refusal to give information to a police official upon a request for information in terms of this section. In due course Schedule 4 should be amended by the deletion of the reference to section 108(1) and the corresponding penalty of one year imprisonment."

For detail on the resolutions refer to Appendix 1 attached.

Voting
The Committee voted on the Firearms Control Bill, chapter by chapter.

Prior to the voting, Adv Kok noted that prior to voting the National Assembly had effected two changes to the B version of the Bill that will be reflected in the D version [(1) Clause 9 (3)(a) the inclusion of the word "not" which was omitted due to a typographical error. It now states, "a court has not made a determination that the person is not unfit to possess a firearm despite the conviction; (2) In Clause 120 (2)(a) the phrase, "or who ought reasonably to be aware" was deleted at the suggestion of the Minister of Safety and Security. The subsection now reads, "Any person who is aware of the existence of a firearm or ammunition that is not in the lawful possession of any person and fails to report the location of the firearm or ammunition to a police official without delay, is guilty of an offence."]

Preamble
The DP and NNP voted against it.

Chapter 1
Agreed

Chapter 2
DP and NNP object to Clause 4 (3)

Chapter 3
The DP and NNP objected to Clause 5 (2)

Chapters 4 and 5
Committee agreed to these chapters, inclusive of the resolution.

Chapter 6
The DP and NNP were opposed to Clauses 11, 13 and 14 as well as the resolution.

Chapter 7
The committee agreed to it, inclusive of the resolution.

Chapters 8 and 9
The committee agreed to it

Chapter 10
The DP and NNP were opposed to Clauses 92 and 94

Chapter 11
The committee accepted it, inclusive of the resolution.

Chapter 12
The DP and NNP voted against Clause 103 (1)(g) but agreed to the resolution.

Chapter 13
The committee agreed to it, inclusive of the resolution.

Chapter 14
The DP and NNP were against Clause 113.

Chapter 15
The DP and NNP were against Clauses 117 till 119.

Chapter 16
The DP and NNP were opposed to Clause 120.

Chapter 17
The DP AND NNP were against Clause 132 as well as the resolution.

Chapter 18
The committee agreed to it.

Chapter 19
The DP and NNP were opposed to Clause 132.

Chapters 20 and 21
The committee agreed to it.

The committee agreed to the Short Title, Schedule 1, Schedule 3 and 4 but the DP and NNP voted against Item 7 (c) in Schedule 2.

The Chair firstly put the resolutions before the committee to which they unanimously agreed to. Thereafter the Chair put the Bill as a whole before the committee. The DP and NNP voted against the Bill as opposed to the rest of the parties voting in favour of it.

The Bill will come before the NCOP on the 9 November.

Appendix 1:
REPUBLIC OF SOUTH AFRICA
RESOLUTIONS OF SELECT COMMITTEE ON THE FIREARMS CONTROL BILL
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(As adopted by the Select Committee)
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[B 34D—2000] The Select Committee considered carefully whether to introduce amendments to the Bill, in view of the possible delay which might be caused by the introduction of such amendments. As a result of these considerations, the Select Committee resolved not to introduce amendments at this stage, but to pass the following resolutions regarding the content of certain regulations to be passed and the implementation of the Bill.

The Select Committee intends to review the process of the implementation of the Bill periodically to evaluate its compliance with these resolutions.

Clause 8
Resolution
Provision should be made in the implementation of this Bill for participation by the firearms industry in the oversight of the accreditation of institutions.

Clause 9
Resolution
The regulations to be issued in terms of the provisions of this Bill should impose an obligation on the Registrar to give due consideration to the effect of the granting of a final protection order in terms of the Domestic Violence Act, 1998 (Act No. 116 of 1998), against a person who applies for a competency certificate, on the question whether he or she is a fit and proper person to possess a firearm, to trade in firearms, to manufacture firearms or to conduct business as a gunsmith, as the case may be. This obligation should relate to all final protection orders granted within a period of five years before receipt of the application for a competency certificate by the Designated Firearms Officer.

Clauses 24; 35; 49 and 63
Resolution
The Registrar should be empowered by regulation to consider the granting of condonation for late applications for the renewal of licences in appropriate circumstances.

Clause 98
Resolution
Provision should be made in the implementation of this Bill for regular review of the competency of employees of Official Institutions who are allowed to possess firearms under the control of the Official Institutions. The review should be done at least every two years.

Clause 103
Resolution
A person who has been convicted of a crime or an offence disqualifying that person from obtaining a competency certificate, should be allowed to apply to the court for a declaratory order that he or she is not unfit to possess a firearm, if the court did not exercise a discretion in this regard at the trial. If the courts would not allow such an application without explicit authorisation, consideration should be given to an amendment which would allow it.

Clause 107
Resolution
The Department should direct its attention to the implementation of effective measures designed to protect citizens from persons falsely pretending to be police officials.

Clause 108
Resolution
A person should not be prosecuted for a mere refusal to give the information to a police official upon a request for information in terms of this section. In due course Schedule 4 should be amended by the deletion of the reference to section 108(1) and the corresponding penalty of one year imprisonment.

Clause 128
Resolution
The Department should monitor the efficiency of the Appeal Board closely to ensure that no substantial backlog develops in its work. If it cannot cope with its workload, consideration should be given to an amendment allowing a larger number of members. Provision could then be made for a number of smaller appeal committees to exercise the appeal function.

Clause 151
Resolution
Consideration must be given to the appropriateness of allowing magistrates to impose all the maximum penalties provided for in the Bill. This must be done with due regard to the current jurisdiction of magistrates and regional court magistrates.