FIREARMS STRATEGY
Presentation to the Select Committee on Security and Constitutional Affairs

PRESENTING DELEGATION
- Divisional Commissioner MW Makhubela: Division Crime Prevention
- Assistant Commissioner G Kruser: Visible Policing
= Director J Bothma
= Dir P van Vuuren
= S/Supt Mokholwane
- Assistant Commissioner B Groenewald
= S/Supt Mahlekisi
= Supt Dykes

STRATEGIC OBJECTIVE OF THE STRATEGY
"To eradicate the proliferation of firearms for use and availability In crime and violence In South Africa"

PROGRAMME STRUCTURE OF SAPS FIREARM STRATEGY

Leg Islation, regulation',
Standing orders national
Instructions
Cantrol proc~loc~ in the Central Fimarme Rig ister and to Registrar

Operational crime combating approach

SAPS Firearm Strategy
- DeveIop and maintain appropriate firearm related regulators => Legislation, regulations, standing orders national instructions
- Ensure effective control processes and procedures regarding firearms => Control processes located in the Central Firearms Register and to Registrar
- Reduce and eradicate the illegal pool and criminal use of firearms => Operational crime combatting approach
- Ensure prevention of crime and violence through public and civil awareness and social design => Crime prevention initiative i.t.o public awareness and education campaigns
- Regional Cooperation => Regional initiatives focusing on firearms

BACKGROUND TO FIREARMS CONTROL IN SOUTH AFRICA
- The ministerial policy on firearms Control was approved during September 1999.
- The Firearms Control Act was enacted during April 2000.
- Firearm Control Regulations is currently being finalized
- The aim of the Firearm Control legislation is to:
= Improve control over legally possessed firearms In South Africa
= To reduce firearm related crime
= Enable the government to remove illegally possessed firearms from society
= To control the supply and use of firearms and prosecute offenders for the negligent or criminal use

PILLAR 1
DEVELOPMENT AND MAINTENANCE OF APPROPRIATE FIREARM RELATED REGULATORS
- The regulators focus on legislation, regulations, international instruments and instructions issued to manage the flow and possession of firearms in SA.
- Relevant to this section of the Strategy
= UN Protocol and SADC protocol on Firearms
= Firearm Control Act
= Regulations, Instructions, Standard Operating Procedures etc.

FIREARMS CONTROL ACT, 2000 (Act 60 of 2000)
- Sections promulgated by the Minister during July 2000
= Section 113 deals with taking of bodyprints and bodily samples
= Section 140 deals with Firearm Free Zones
- Amendment Bill to the Firearms Control Act currently before Parliament for consideration

PROPOSED AMENDMENTS THE FIREARMS CONTROL ACT
- Nature of the Amendments:
= Administrative and linguistic errors during the printing of the Act in the Government Gazette, for
example...
* "Game Hunter" to be changed to "Game rancher" and similar amendments
* Custom building of firearms by Gunsmiths
* Provisions for an apprentice to a gunsmith to be in possession of a firearm for the purpose of the work of a gunsmith
= Amendments to the transitional arrangements to allow for the continuation of an existing certificates to trade as gunsmith when the Firearms Control Act, 2000 comes into operation

REGULATIONS TO THE FIREARMS CONTROL ACT
- Draft set of regulations published on Internet for comments from the public during Oct-Nov 2002
- Publication coincided with media releases
- At that stage draft regulations covered only 40 out of 107 instances where regulations may or must be made
- Draft regulations were expanded on basis of comments received to that basically required to implement Act

DRAFT REGULATIONS
- Minister approved the publication in Gazette of the draft Regulations for public comment. 330 pages including the annexures (forms)
- Publication in the Gazette took place on 2003-03-27 Closing date for comments were 2003-04-29.

WAY FORWARD: IMPLEMENTATION FCA
- Two phased implementation of the Firearms Control Act, 2000
= Accreditation
* Necessary for the issue of certain types of licenses
* Regulations already for consideration at the State Law Advisors
= Rest of the Firearms Control Act, 2000 subsequent to Accreditation

PILLAR 2
DEVELOP AND MAINTAIN EFFECTIVE CONTROL PROCESSES AND PROCEDURES
RECARDING FIREARMS
- Focus will be on the development and optimization of all control process and capacity to ensure Firearm Control
- Some aspects contained in this section of the strategy relates directly to the functioning of the
= Business Process Re-engineering Capacity Building Designated Firearms Official

KEY INITIATIVES
- Enhanced Firearms Registration System
- Shooting Ranges
- Training
- State Department Audit
- Voluntary Handing in of legal firearms

FIREARM CONTROL INFORMATION SYSTEM
- Administration of Firearms as apposed to Control over Firearms in South Africa
- Adaptive maintenance to the current system to support implementation of the FCA
- Enhanced System provides for:
= Implementation of areas such as accreditation, competency, relicensing
= Transitional period of the Act
= New equipment to print licenses in accordance with the FCA

SHOOTING RANGES
- Standards for shooting ranges being developed by SANS
- Aim:
= Improvement of safety at shooting ranges
= Mechanism to accredit shooting ranges who wish to provide training to individuals in the use of firearms

TRAINING: COMPETENCY CERTIFICATION
- Training required by the Firearms Control Act, 2000
= SAPS personnel in the provisions and regulations of the Act
= Approved minimum unit standards for levels of competency training for firearms
= Accreditation of service providers by SAPS

AUDITS: NATIONALIPROVINCIAL STATE DEPARTMENT~
- To effect firearms control an audit is being conducted on all state departments in possession of firearms
- Objective of Audit:
= To accurately record the number of State Departments in possession of firearms
= Correction of firearm records kept by specific departments and Central Firearms Register
= Identification of obsolete and redundant firearms for destructions
- Total number of national and provincial government department 182. Of these departments 127 have firearms in their possession

VOLUNTARY HANDING OVER OF LEGAL FIREARMS
- Procedures are in place for the voluntary handing over of firearms by legal owners to the SAPS for destruction.
- Aim:
= To assist persons who want to hand in legal firearms i.e. reducing the number of firearms in their possession to comply with Firearms Control Act, 2000

ESTATE FIREARMS
- Firearms belonging to deceased persons are of grave concern for the SAPS
- A large number of firearms are in possession of relatives who is under the impression that firearm(s) inherited does not require licensing
- Persons in possession of these firearms under these circumstances need to come forward and apply for firearm licenses or hand these firearms over for destruction voluntarily or deactivate the firearm

IMPLEMENTATION INITIATIVES
- Initiatives completed I implemented as part of the pre-phase implementation of the Act:
= Implementation of the Designated Firearms Officer Model I Firearms Registration
Centres
= Capacity at various levels in SAPS
= Standards for safe storage facilities
= De-regulation of air guns
= Background evaluation of firearm license applicants (risk assessment)

PILLAR 3
REDUCTIONIERADICATION OF THE ILLEGAL FOOL AND CRIMINAL USE OF FIREARMS
- Primary driver behind the operational combating approach
- Focus on analysis of control dysfunctions, detection of illegal origins, procedural interventions
etc.
- This pillar will pave the way for effective implementation of the Firearm Control Act

AIM OF OPERATION SETHUNYA
- EstabIishment of a combating operation to eradicate the proliferation of firearms for the use and availability in crime and violence in South Africa

OBJECTIVE OF OPERATION SETHUNYA
- Tracing of Illegal Firearms
= Based on targeted intelligence identified individuals, groupings
= Geographical locations (high crime areas)
- Legal Compliance
= Individuals
= Dealers
= Institutions (Private)
= Official Institutions (Government)

TRACING OF ILLEGAL FIREARMS
- Objective is to find, confiscate and destroy illegal firearms in circulation which contribute to crime and violence.
- Launch of Operation Sethunya on 1 April 2003
- Progress made during the Operation

PROGRESS MADE DURING OPERATION SETHUNYA FOR APRIL AND MAY 2003
- TotaI Arrests made: 15 903
- TotaI Priority Crime Arrests: 8 023

TOTAL FIREAEMS CONFISCATED DURING APRIL AND MAY 2003
Diagram not included

TOTAL NUMBER OF ROUNDS OF AMMUNITION CONFISCATED APRIL AND MAY 2003
Diagram not included

TOTAL PRIORITY CRIME ARRESTS DURING OPERATION SETHUNYA
Diagram not included

OPERATION SETHUNYA: TOTAL ARRESTS FOR THE ILLEGAL POSSESSION OF FIREARMS AND AMMUNITION 2003
Diagram not included

COMPARISON BETWEEN FIREARMS CIRCULATED STOLEN/LOST AND RECOVERED FOR THE PERIOD 1998 TO 2002
Diagram not included

COMPLIANCE WITH FIREARMS LEGISLATION
- In addition to tracing of illegal firearms an objective of Operation Sethunya is to test compliance of the provisions with the firearms legislations
- During the last two months compliance inspections have been conducted at individuals, dealers, security companies etc.

DESTRUCTION OF FIREARMS
- Total number of firearms destroyed from 2000 to date
= 100 769 firearms
= Value of approximately R 51,4 million

TOTAL NUMBER OF FIREARMS CONFISCATED IN PERCENTAGE FROM 2000 TO JUNE 2003
Diagram not included

PILLAR 4
PREVENTION OF CRIME AND VIOLENCE THROUGH AWARENESS AND SOCIAL
CRIME PREVENTION PARTNERSHIPS
- Programmes to target social intervention in terms of firearm violence, responsible use and the implementation of new concepts contained in the FCA
- Key focus:
= Environment conducive to firearm control
= Responsible firearm ownership and use

PUBLIC AWARENESS ON FIREARMS CONTROL
- Firearm safety hints
- Safekeeping of firearms
- Content of Firearms Control Act Administrative processes on Firearm related matters
- Firearm safety and children

PILLAR 5
REGIONAL COOPERATION
- RegionaI Cooperation and Coordination of efforts relating to firearms1 ammunition and related
materials
- Key focus area:
= Operationalisation of SADC Protocol on firearms1 ammunition and related materials
- SADC Protocol on Firearms, ammunition and related materials
= Operational plan for the implementation and compliance of the Protocol
= Establishment of a National Focal Point to coordinate implementation efforts
= Integrated approach with implementation of Firearms Control legislation

SADC PROTOCOL ON FIREARMS AMMUNTION AND RELATED MATERIALS
- Focus of the Protocol is
= Harmonization of firearms legislation
= Harmonization of administrative processes and procedures
= Coordination of cross border operations within SADC
= Cooperation on training and public awareness on firearms in the region