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.