PARLIAMENTARY PORTFOLIO COMMITTEE ON POLICE BRIEFING BY CENTRAL FIREARMS REGISTRY: TURN-AROUND STRATEGY 1 September 2017 SOUTH AFRICAN GUNOWNERS’ ASSOCIATION (SAGA) NATIONAL ARMS AND AMMUNITION COLLECTORS’ CONFEDERATION OF SA (NAACCSA) JOHN I. WELCH

CONSTRUCTIVE COMMENT THE LICENSE RENEWAL PROCESS GENERALLY RUNS SMOOTHLY AND WITHOUT TOO MANY HICKUPPS, PROVIDED THE FORM IS CORRECTLY FILLED OUT AND ALL SUPPORTING DOCUMENTATION IS SUBMITTED TURN-AROUND TIMES ARE GENERALLY REASONABLE DESPITE THIS SAGA MAINTAINS THAT RELICENSING IS UNNECESSARY IF THE PERSON IS LICENSED RATHER THAN THE FIREARM

CONSTRUCTIVE COMMENT IN MANY INSTANCES THE DFOs ARE HELPFUL NEW LICENSE APPLICATIONS ARE APPROVED , AS THEY SHOULD BE, IF APPLICATIONS ARE PROPERLY MOTIVATED & THE REQUIREMENTS MET THE HELP DESK (TELEPHONE AND EMAIL ENQUIRIES), ALBEIT NOT IN ALL CASES, IS A VALUABLE ASSET

NEGATIVE COMMENT STAKEHOLDER RELATIONS SINCE 2015 NO JOINT STAKEHOLDER MEETINGS NAACCSA HAD AT LEAST 3 MEETINGS IN 2016 AND THE 2ND IS TO BE SCHEDULED FOR 2017 WE ARE AWARE THAT OTHER STAKEHOLDERS HAVE ARRANGED MEETINGS THAT DID NOT MATERIALISE IT IS POSSIBLE THAT THE LITIGATION BETWEEN SAHGCA and MINPOL (CASE No. 21177/16, GAUTENG NORTH HIGH COURT) HAD SOMETHING TO DO WITH THIS

NEGATIVE COMMENT SINCE THE JUDGE IN THE COURT A QUO MADE A CONSTITUTIONAL RULING, THE CONSTITUTIONAL COURT IS REQUIRED TO CONFIRM OR DECLINE THE RULING THE MINISTER SAW IT FIT TO APPEAL DIRECTLY TO THE CONSTITUTIONAL COURT, WHICH APPEAL IS TO BE HEARD ON 8 FEBRUARY 2018 (CASE No. 177/17)

EFFECT OF LITIGATION THE BIGGEST EFFECT IS THAT THERE IS STILL NO SOLUTION TO THE FAILURE TO TIMEOUSLY RENEW CURRENT LICENSES SINCE THE MATTER IS PENDING APPEAL I DO NOT INTEND DISCUSSING THE MERITS OR THE LAW HAS SECTION 24 CONTAINED A PROVISION ALLOWING FOR THE LATE APPLICATION FOR RENEWAL, EVEN AT PAYMENT OF AN ADMINISTRATIVE PENALTY, THE MATTER COULD HAVE BEEN RESOLVED

NEGATIVE COMMENT DESPITE THE MINISTER’S RIGHT TO APPEAL THE RULING, NO CONSTRUCTIVE SOLUTION HAS BEEN FORTHCOMING FROM SAPS, EXCEPTING TO SAY THAT FIREARMS MUST BE SURRENDERED TO THE POLICE IF THE RENEWAL APPLICATION HAS NOT BEEN SUBMITTED TIMEOUSLY AND EVEN IF THERE WAS NOT LAWFUL SOLUTION, NO ATTEMPT WAS MADE TO DISCUSS IT WITH THE FIREARMS COMMUNITY WITH A VIEW OF FINDING AN AMICABLE SOLUTION

NEGATIVE COMMENT DESPITE THE STAKEHOLDERS ENGAGEMENT MEETING IN THE PPCoP IN MARCH 2015, THE PROCESS OF FINALISING THE FC AMENDMENT BILL WAS KEPT SECRET THE SALIENT AND NON-CONTROVERSIAL ISSUES COULD EASILY HAVE BEEN ADDRESSED IN THE BILL THEREBY OBVIATING THE NEED TO LITIGATE, WHILE THE CONTENTUOUS ISSUES (SUCH AS MICRO-DOTTING AND BALLISTIC SAMPLING) COULD HAVE BEEN OMITTED FOR DISCUSSION AT A LATER STAGE

NEGATIVE COMMENT AN ISSUE THAT IS NOT DEPENDENT ON LEGISLATIVE CHANGES AND WHICH WILL GO A LONG WAY TOWARDS ALEVIATING THE CFR’s WORK LOAD AND ENHANCING THEIR PERFORMANCE, IS THE IMPLEMENTATION OF A SUITABLE ON-LINE IT SYSTEM THAT WILL ENABLE THE E-SUBMISSION OF FORMS AND RETURNS, ESPECIALLY FROM DEALERS THE PROCESS MAPPING HAS BEEN CONCLUDED IN 2000 IN CONJUNCTION WITH SITA, AT WHICH TIME STAKEHOLDERS WERE PROMISED THAT THE IT SYSTEM WILL MAKE LIFE EASY FOR ALL USERS OF THE ACT THIS IS STILL TO BE EXPERIENCED (17 YEARS LATER) - IT IS CALLED WORK SMARTER NOT HARDER

NEGATIVE COMMENT NO UNIFORM INTERPRETATIONS OF PROVISIONS OF THE ACT, e.g. RENEWAL OF COMPETENCY CERTIFICATES (SECTION 10A) TRANSFER OF A FIREARM FROM ONE CATEGORY TO ANOTHER (SECTION 13 TO SECTION 15 OR 17) WHETHER LICENSES STILL VALID UNDER THE REPEALED ARMS AND AMMUNITION ACT, No. 75 OF 1969 MAY BE CONSIDERED WHEN AN APPLICATION FOR A LICENSE UNDER THE NEW ACT IS CONSIDERED (ANOTHER REASON WHY THE AMENDMENT TO RECTIFY THIS SITUATION OUGHT TO HAVE BEEN APPROVED ALREADY)

NEGATIVE COMMENT REASONS FOR LICENSE REFUSALS ARE OFTEN SIMPLY WRONG OR NON-SENSICAL INCORRECT INFORMATION ON LICENSES LACK OF KNOWLEDGE AT ALL LEVELS (e.g. CALIBRES, SERIAL NUMBERS AND TYPE) LACK OF ADEQUATE AND SUITABLE TRAINING RESOURCES OF DFOs (VEHICLES, PRINTING MATERIAL FOR LICENSES, ETC.) AVAILABILITY OF DFOs (INVOLVED IN OTHER POLICE ACTIVITIES)

CONCLUSION WE APPRECIATE THE EFFORTS THAT HAVE BEEN MADE TO IMPROVE SERVICE DELIVERY, SYSTEMS AND PROCESSES A SIMPLIFIED LAW; A WILLINGNESS TO INVOLVE STAKEHOLDERS, NOT MERELY TO LOOK GOOD BUT TO LISTEN TO THEM AND IMPLEMENT WORKABLE PROPOSALS; AND THE LICENSING OF THE PERSON AND THE MERE REGISTRATION OF FIREARMS, WILL GO A LONG WAY TOWARDS RENDERING SERVICE EXCELLENCE TO LAW ABIDING AND RESPONSIBLE FIREARM OWNERS BY OUR POLICE SERVICE I THANK YOU