South African Hunters and Game Conservation Association

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Presentation transcript:

South African Hunters and Game Conservation Association 17 May 2016 Presentation to Parliamentary Portfolio Committee on Safety and Security Fred Camphor CEO

SA Hunters and SAPS:Firearms Control Act Act 60 0f 2000 as Amended Background 1 2006 Act implemented with Transitional Arrangements 2006 – 2009 Relicensing period – total chaos June 2009 – Regulation – All “Old Licenses” will lapse and be cancelled June 2009 – S A Hunters bring Court Applications Main Application – Challenge constitutionality of some transitional arrangements and parts of the Act Urgent Application – Deem all “Old Licenses” valid until decision given in Main Application 24 June 2009 – Decision in Urgent Application – Granted request of SA Hunters Main Application – Not heard yet SAPS never responded to founding Affidavit Interest of members of SA Hunters protected by decision in Urgent Application 11 Jan 2010 – Minister announces Amnesty Period Act 60 of 2000 as Amended

SA Hunters and SAPS:Firearms Control Act Background 2 25 Jan 2010 – Request from Govt Attorney – Possible settlement discussions 29 March 2010 – By agreement between SA Hunters and SAPS – Validity of Decision in Urgent Application extended and hearing of Main Application deferred “sine die” June 2010 – Minister appoints Task team to investigate problems experienced with implementation of Act and licensing process – Report never published publicly 2011 – Amendment Act – Limited changes 2011 to 2013 – Some improvement in licensing process 2013 – Indications of Fraud and Bribery Feb 2014 – File with clear proof of Fraud and Bribery to Secretary of Police 2014 – Fraud in CFR – Large number of staff disciplined 2014 – Acting Commander of CFR appointed on monthly rotation – massive deterioration of service levels Act 60 of 2000 as Amended

SA Hunters and SAPS:Firearms Control Act Background 3 Feb 2015 – Brig Mabule appointed as Commander CFR March 2015 – Firearms Forum presented by Portfolio Committee Hereafter – “Stakeholder Forums” created by SAPS – Focus on 2 Task Teams Stakeholder Communication Strategy Matters for Immediate Attention Massive conflict – no progress – terminated about Oct 2015 SAPS / Hunters Consultative Forum Created 2004 Met regularly (3 X per annum) and attended to implementation problems Good success record over time of solving practical problems Since 2014 not attended by Commander of CFR No method of Communication with CFR on problems experienced First meeting with Brig Mabule July 2016 – No results Meeting with Mr Irvin Kinnes 10 Feb 2016 Meeting with Brig Mabule and Gen Mamotheti on 3 March 2016 Meeting with Mr Beukman with other role players on 8 March 2016 Act 60 of 2000 as Amended

SA Hunters and SAPS:Firearms Control Act Practical Problems Experienced Refusal of License Applications for inappropriate reasons such as Refused Lack of motivation Not convinced of need No Endorsement No Competency Certificate Already own sufficient firearms Poor Service delivery Firearms sold not removed from name of person License cards not printed or printed long after approval or cards lost SA Hunters applied for Accreditation as Professional Hunters Association on 4 September 2015 – no response received yet Renewal of Competence Complete mess – Inconsistency between DFO’s on what is required and when to be done Feb 2016 – Directive contrary to requirements of Act Section 10A (1) of Act specifically states Renewal of Competence to be handed in with application for renewal of relevant license Act 60 of 2000 as Amended

SA Hunters and SAPS:Firearms Control Act Practical Problems Experienced 2 Renewal of Licenses that Lapsed First Licenses Lapsed in 2011 Since then all applications received, processed and new licenses issued SA Hunters and Hunters Forum identified this as problem area since 2011 Complete inconsistency in way this is done in SAPS between Provinces and even DFO’s In 2015 extensive discussions with SAPS – Meetings and Correspondence at level of Deputy Commissioner of SAPS Feb 2016 – Directive issued by Gen Phahlane – Contrary to requirements of Act Barrel Replacements Takes at least 2 years to process license System cannot deal with the process Pressure test still required yet no organisation does this in RSA any more Pressure Test not required for Importers or Manufacturers of new rifles Variance Between Calibre of Rifle and Head Stamp on Bullet SAPS does not know how to deal with this at all – Lack of Training Act 60 of 2000 as Amended

SA Hunters and SAPS:Firearms Control Act Practical Problems Experienced 3 Delay in Processing Permits Temporary Import and Export Permits Issued at CFR - 21 days - or Port of Entry or Exit - Immediately Import permits of Dealers Capturing of data from Dealers Permits Data provided on CFR Website Completely outdated and contain wrong information CFR requested update on info from Associations in April On 11 May no changes made yet in data available on website Act 60 of 2000 as Amended

SA Hunters and SAPS:Firearms Control Act Present Situation SA Hunters brought Court Application in Gauteng North High Court Founding Affidavit filed on 16 March 2016 SAPS issued notice – Application will be opposed Prior to SA Hunters Application served I personally informed Mr Irvin Kinnes with request to please inform Mr Beukman Gen Mamotheti On 3 May State Attorney requested extension of time for response to end May and suggested discussions to attempt to find “common ground” SA Hunters is completely prepared to enter into discussion with SAPS with the objective to Address the problems experienced Have changes made to the Act where required Avoid Court Action if possible Act 60 of 2000 as Amended