EXPLANATORY MEMORANDUM

 

 

FIREARMS CONTROL ACT, 2000 (ACT. NO. 60 OF 2000): DECLARATION OF AN AMNESTY IN TERMS OF SECTION 139 OF THE ACT

  1. The Firearms Control Act, 2000 (Act No. 60 of 2000) authorizes the Minister for Safety and Security to declare an amnesty in respect of unlawful possession of firearms and ammunition.
  2. The said declaration must, in terms of section 130(2) of the Act, be published in a notice in the Gazette.
  3. It is a prerequisite in terms of section 139(2)(a) of the Act that the Notice will only be valid if it is approved by Parliament.

    1. An amnesty may only be declared if-

    1. the amnesty may result in the reduction of illegally possessed firearms in South Africa, and
    2. it is in the public interest to do so.

    1. There is a high number of illegally possessed firearms and large quantities of such ammunition in South Africa. The successful discovering and subsequent destruction of such firearms and ammunition during OPERATION SETHUNYA conducted by SAPS during 2003 is sufficient proof of this statement. Research shows that approximately 50% of murders committed in SA involves the use of firearms – mostly illegally possessed firearms. Other serious violent crimes are also being committed with illegal firearms. It will be in the public interest to declare an amnesty in respect of illegally possessed firearms as it is foreseen that large numbers of such firearms and ammunition will be surrendered to SAPS. With the implementation of the Firearms Control Act, 2000, there is a focus on the regulation of legally possessed firearms. Logically the huge numbers of illegally possessed firearms need to be addressed as well.
    2. The requirements for a declaration of amnesty are therefore met. The only outstanding issue before a declaration of amnesty is the approval of Parliament as is required in section 139(2)(a) of the Act.

  1. A Draft Notice, to be published in the Government Gazette is attached for consideration by Parliament. It is proposed that the amnesty commence on 1 January 2005, until 31 March 2005.

6. In terms of section 139(c) the notice in question must specify the conditions under which the amnesty may be granted. The following conditions are proposed in the draft Notice -

(a) a written application for amnesty by an applicant must be handed in at a police station and the application must state the full names, identity number and residential address of the applicant, as well as the type, caliber, make, model and all marked serial numbers or other identification marks on the firearm or particulars of the ammunition;

(b) the firearm or ammunition concerned must be surrendered by the applicant to a member of the South African Police Service on duty at any police station and such a member must issue a receipt in respect of such firearm or ammunition to the applicant; and

(c) the applicant for amnesty must, when surrendering the firearm or ammunition, notify the relevant Designated Firearms Officer in writing if he or she intends to apply for a licence to possess the firearm or ammunition, as contemplated in section 139(4) of the Firearms Control Act, 2000 and lodge the application within 14 days from the date on which the firearm or ammunition was surrendered (the relevant Designated Firearms Officer has the meaning assigned to it in the Firearms Control Regulations, 2004, and particulars of the nearest Designated Firearms Officer may be obtained from any police station).

It is further determined that the South African Police Service must act in accordance with the provisions of Regulation 93(4)(a) of the Firearms Control Regulations, 2004, if an application contemplated in paragraph (c) is not duly lodged or not lodged within the specified period and test all firearms surrendered in terms of this amnesty ballistically.

        1. A person who surrenders a firearm or ammunition in compliance with a notice published in terms of subsection (1), may not be prosecuted in relation to-

    1. the firearm, for having been in possession of that firearm without the appropriate licence, permit or authorization; or
    2. the ammunition, for having been in possession of that ammunition without having been in lawful possession of a firearm capable discharging the ammunition.

A person who surrenders a firearm in compliance with a notice published in terms of subsection (1) may apply in terms of this Act for a licence in respect of that firearm. If a licence is granted, the firearm and ammunition, if any, surrendered in terms of this Act must be returned to the holder of the licence.

        1. The Registrar must dispose of any firearm or ammunition surrendered in compliance with a notice in terms of subsection (1) in such manner and after the expiry of such period as may be prescribed."
        2. The manner of disposal of surrendered firearms and ammunition is prescribed in Regulation 93 of the Firearms Control Regulations, which provide that:

"(1) A person who surrenders a firearm or ammunition in terms of an amnesty notice published in terms of section 139 of the Act, must surrender the firearm or ammunition to a police station.

      1. In all instances where any firearm has been surrendered during a period of amnesty under section 139 of the Act, it must be destroyed subject to the provisions of regulation 104.
      2. In all instances where ammunition has been surrendered during a period of amnesty under section 139 of the Act, the cartridge case and bullet may only be destroyed by melting or in any other manner approved by the Registrar.
      3. Firearms and ammunition surrendered in compliance with an amnesty notice published in terms of section 139 of the Act, must subject to the provisions of regulation 104(5), section 114(2) and section 139(4) of the Act be destroyed within a period of six months after-

(a) the expiry of the amnesty period; or

(b) an application contemplated in section 130(4) of the Act was refused".