IMPLEMENTATION OF FIREARMS CONTROL LEGISLATION IN SOUTH AFRICA PRESENTATION TO THE PORTFOLIO COMMITTEE FOR SAFETY AND SECURITY 2002-09-04.

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Presentation transcript:

IMPLEMENTATION OF FIREARMS CONTROL LEGISLATION IN SOUTH AFRICA PRESENTATION TO THE PORTFOLIO COMMITTEE FOR SAFETY AND SECURITY

AIM OF THE PRESENTATION  The aim of this presentation is to provide you with a holistic overview of the implementation of the Firearms Control Legislation

SCOPE OF THE PRESENTATION  SAPS Strategy  Implementation Processes For Firearms Control Legislation  Broad Implementation Plan For The Firearms Control Act  Communication  Impact  Contentious Issues  Conclusion

Firearm Strategy South African Police Service

FIREARMS STRATEGY To eradicate the proliferation of firearms for use and availability in crime and violence in South Africa

SAPS FIREARMS STRATEGY Focus areas of Strategy  Regulators  Processes and Procedures  Operational Issues  Social Crime Prevention  Regional & Sector Co-operation

Management Structure of FA Strategy PRIORITY COMMITTEE FIREARMS STRATEGY Regulators Control Process & Procedure Operational Issues Social Crime Prevention Regional & Sector Cooperation Programme Office

SAPS FIREARM STRATEGY  Develop and maintain appropriate firearm related regulators  ensure effective control processes and procedures regarding firearms  reduce and eradicate the illegal pool and criminal use of firearms  ensure prevention of crime and violence through public and civil awareness and social design  Regional and Sector Co- operation  Policy, Legislation, standing orders, national instructions  Control processes currently located within the Central Firearms Register and the Registrar of Firearms  Operational crime combating approach  Crime prevention initiatives i.t.o public awareness and education campaigns  Management of SAPS Regional intervention on Firearms, eg Ops Rachel

IMPLEMENTATION PROCESSES FOR FIREARMS CONTROL LEGISLATION

IMPLEMENTATION OF PROCESSES FOR FIREARMS CONTROL  Designated Police Officials(DPO’s)  Licencing –Firearms Registration Centres –Enabled Police Stations  Firearm Control IT System –Current Firearm Registration System –Interim Firearm Control System –New Firearm Control System

Designated Firearms Officials  Structured At Provincial, Area and Police Station level  Responsibilities /Functions  Firearms Registration Centres  Enabled Police Stations  Alternative Model - Gauteng

MODEL OF FIREARMS REGISTRATION CENTRE

FIREARM CONTROL MECHANISMS  FIREARMS REGISTRATION CENTRES –Gauteng 22 Centres  Enabled Police Stations –Eastern Cape 53 –Freestate 25 –KwazuluNatal 54 –Mpumalanga 22 –Northen Cape 32 –Limpopo 28 –North west 31 –Western Cape 44  Provincial Office 9  Area Offices 44

CAPACITY BUILDING  Personnel  Logistical Equipment  IT Equipment  Upgrading Of Infrastructure  Components/units  Central Firearms Register  Provincial, Area And Police Stations  Border Police Units  Serious And Violent Crime Units  Criminal Record Centre  Forensic Science Laboratory

Firearm Control IT System  Current Firearm Registration System –Licencing  Interim Firearm Control System –Competency certification –Accreditation –Import and export of firearms –Application for new licence –Application for renewal of existing licences (re-licencing) –Application for duplicate licences (replacement) –Temporary authorizations –In-transit permits –Transport permits –Payments –Seized, surrender and destruction of firearms  Adaptive Maintenance - 1 April 2003

Interim Firearm Control System Signed on to the System

Interim Firearm Control System Navigating the Application via expandable Menu’s

Interim Firearm Control System Initial License Application Capture Screen

Interim Firearm Control System Scrollable Natural Person Information

Interim Firearm Control System Full Web Enabled Functionality ( )

Interim Firearm Control System Firearm Detail Capture Screen

Interim Firearm Control System New Firearm License - Front

Interim Firearm Control System New Firearm License - Back

Interim Firearm Control System New Firearm License – Dealer License

New Firearm Control System  BPR Study –Finalised  Tender Process & Allocation –Dec 2002  Design & Development –Jan 2003  Implementation –To be scheduled following on Tender Allocation

Audit / Inspections  Government –State Departments Of 178 Departments 105 have been inspected –Local Governments (Municipalities) Of 856 Municipalities 298 have been inspected  Security Institutions –Of approximately 4000 institutions 385 have been inspected

STANDARDS  Safe Storage Facilities –Safes, Strong Rooms, Safety Devices  Proofing of Firearms  Shooting Ranges

BROAD IMPLEMENTATION PLAN FOR THE FIREARMS CONTROL ACT Phased Implementation

JANUARY 2002  De- regulation of air guns  Increase of License Fees  De-regulation –Streamline admin process –Implement section 5(1)(f) of the FCA  Fees –To bring costs in line with actual licensing fees in the FCA –Last increase 1992 –Previous Cost = R50-00 –Current Cost = R120-00

JANUARY 2003  Accreditation –Hunters Ass –Collectors –Sports –Training institutions  To bring external environment into line with the requirements of the FCA  Application of minimum standards for the use of firearms in SA

JANUARY 2003  Voluntary Surrender of Licenced Firearms  To reduce the actual number of firearms to be audit when sections of the FCA are promulgated  To provide opportunity to owners to dispose of firearms they no longer want.

JANUARY 2003  Inspection –Section 107 – Duty to comply with request of police official –Section 108 – Request for information  Additional powers to enhance policing  Focus is to assist in the investigation of crime  Implementation particularly in Crackdown operations

JANUARY 2003  Organizational Structures for the Registrar of Firearms  To implement the organizational structures within the Central Firearm Register  Provide mechanisms for implementation of i.e DFO, Appeal Board, FRC etc.

APRIL 2003  Transitional Provisions  Enable department to implement the remainder of the FCA

APRIL 2003  Firearm Categories Sec 11 to 27  Current system will allow for the issue of licenses in line with the FCA  Limitation on number of firearms possessed by individual owner

APRIL 2003  Competency Certificate  Re-licencing of Firearms (Audit)  Link between the accreditation and competency certificates  Application of minimum standards for the use of firearms in SA  Improved information on the possession on firearms  Increased control over firearms in SA  Enhancing of policing of firearms

APRIL 2003  Firearm Dealers, Gunsmiths and Manufacturers  Import, Export and Transit of Firearms  Stricter control over suppliers of firearms  Enhance co-ordination between CFR and the industry  Control of firearm movement in and across SA borders

APRIL 2003  Storage, Transport and carrying of firearms and ammunition  Enhance security around the carry, transport and storage of firearms  Applicable to all users

APRIL 2003  General Provisions  Provide for the implementation of sections relating to the promulgation of the regulations of the Act, Disposal of firearms in case of ceasing to carry on business etc.

JULY 2003  Official Institutions  Establishment of a stock control system for all government departments  Implementation of permit system to manage possession of state owner firearms by employees  Implementation of database for the sharing of information pertaining to firearms with the CFR

Additional Legislative Issues  Amendments to FCA –Correcting of technical and linguistic errors –Changes to enhance implementation of the Act –To be discussed with the Minister for Safety and Security  Replacement of the Legal Officer  Regulations –Draft Published for Comments - End Sept 2002 –Finalised – April 2003  Amnesty for the illegal possession of firearms –To be discussed with the Minister for Safety and Security

FIREARM FREE ZONE (FFZ)  Currently Researched  Pilot Study for FFZ in Schools –25 Schools in Co-operation with Dept of Education North West5 Gauteng5 Western Cape5 Eastern Cape5 KwazuluNatal5  Model for FFZ for implementation  Report finalised Mid-September 2002  Roll-out to be verified with the Minister

CONTENTIOUS ISSUES EFFECTING IMPLEMENTATION  Amendments to the Act  Duration of Implementation  Timeous Communication on progress of implementation to SAPS as an organization and to the Public

COMMUNICATION  Short term objectives; –To support operational implementation of the FCA –Assist in educating the community and the SAPS –To create public and SAPS support for the Firearms Control Act and Regulations and its objectives. –Encourage compliance with the Firearms Control Act and Regulations. –To build understanding and support for key themes in the Firearms Control Act and Regulations.  Medium to long term objectives –Facilitate change of attitudes of the youth to firearms and firearm violence. –To create a culture of responsible firearm ownership and responsible use of firearms.  Communication Mechanisms –Workshops –Pamphlets –Booklets –Media

IMPACT - Drop in application for Firearms Licences

IMPACT- Declaration of Unfitness Sect 11  YearSec 11     TOTAL1576

IMPACT  Reduction in Registered Dealers –Decrease from 644 in 2000 to 565 in 2002  Reselling of firearms between owners rather than new firearms being purchased  Destruction of redundant State Owned Firearms

IMPACT  Department participating in Voluntary Destruction of State Firearms –SAPS –Dept of Correctional Services –Independent Complaints Directorate –Dept of Transport –Dept Labour –Dept of Trade and Industry –SA Revenue Services –Nature Conservation KZN –Dept of Agriculture Eastern Cape –Dept of Communications –SANDF –TOTAL

CONCLUSION Understand the past, Anticipate the future Clarify the present