ATC200617: Report of the Select Committee on Security and Justice on the Notice for the Declaration of an Amnesty Period in terms of section 139(2)(a) of the Firearms Control Act, 2000 (Act No. 60 of 2000), dated 11 June 2020

NCOP Security and Justice

Report of the Select Committee on Security and Justice on the Notice for the Declaration of an Amnesty Period in terms of section 139(2)(a) of the Firearms Control Act, 2000 (Act No. 60 of 2000), dated 11 June 2020.

 

The Select Committee on Security and Justice, having considered the Notice for the Declaration of an Amnesty period in terms of section 139(2)(a) of the Firearms Control Act, 2000 (Act No. 60 of 2000)referred to the Select Committee on 5 June 2020, reports as follows:

 

Background:

The Minister for Police,on 28 August 2019, tabled a Notice for Parliament’s consideration of a Declaration of Amnesty in terms of section 139(2)(a) of the Firearms Control Act, 2000 (Act No. 60 of 2000) and the Council referred the matter to the Select Committee on 29 August 2019. The Select Committee recommended the Council approve the Amnesty for the period 1 December 2019 to 31 May 2020.

During the amnesty period the Government of the Republic of South Africa declared a National State of Disaster due to a Corona virus outbreak that was declared a pandemic by the World Health Organisation. The Regulations to the National State of Disaster Act, 2005 (Act No 53 of 2005), prohibited the movement of people to stem the outbreak of the pandemic. This had a negative impact on persons applying for amnesty.

The Minister for Police tabled a further Notice for Parliament’s consideration of a Declaration of Amnesty in terms of section 139(2)(a) of the Firearms Control Act, 2000 (Act No. 60 of 2000) that was referred to the Committee on 25 May 2020. This Notice indicated the period as 1 June 2020 – 30 November 2020.

The Select Committee met on 3 June 2020and received a briefing from the Deputy Minister for Police and the South African Police Service (SAPS) on the amnesty. The Deputy Minister indicated a new Notice would be tabled with a revised period of 1 August 2020 - 31 January 2021.

The Notice with the revised date was referred to the Select Committee on 5 June 2020.

The Notice contained the following conditions:

1. A written amnesty by an applicant must, be handed to the Designated Amnesty Officer at any police station in South Africa with the exception of those police stations as set out in the Annexure to the Notice. The application must state the full names, identity, residential address of the applicant as well as the details of the firearms and ammunition.
2. The Designated Amnesty Officer must issue a receipt in respect of the firearm and ammunition surrendered to the applicant.
3. An applicant for amnesty who wishes to apply for a license to possess the surrendered firearm must when surrendering the firearm, in writing, notify the Designated Amnesty Officer of their intention to apply for a license to possess the firearm. Such application must be lodged within 14 days from the date on which the firearms was surrendered.
4. The Notice further determines ballistic testing on all surrendered firearms and the destruction of same should an applicant not apply for a license to possess the firearm within 14 days.

 

The Select Committee requested the SAPS to improve the reach of its communication and awarenesscampaigns with respect to the amnesty period to ensure the broader community is aware of the amnesty period.

 

Minority view

The Democratic Alliance, while supporting the Notice for the Firearms Amnesty period, indicated that it would be better to proceed with the amnesty after the Supreme Court of Appeal judgment was handed down. In their opinion, there was a trust deficit between the community and police which would hinder the Firearms Amnesty’s prospects of success. They questioned SAPS ability to ensure that ballistic testing can be done properly and the amnesty be executed effectively without the occurrence of crime and corruption on the part of the SAPS.

 

Recommendation

The Select Committee, after due consideration, approved the Notice for the Declaration of an Amnesty period in terms of section 139(2)(a) of the Firearms Control Act, 2000 (Act No. 60 of 2000)and recommends the National Council of Provinces approve the amnesty period as tabled for 1 August 2020 to 31 January 2021.

 

Report to be considered.