1. IMPLEMENTATION OF THE FIREARMS CONTROL ACT, 2000 (ACT No. 60 OF 2000) Portfolio Committee on Safety and Security 2003-04-02

2. INTRODUCTION Request from Portfolio Committee Status of the Regulations to the Firearms Control Act, 2000 Implementation of the Firearms Control Act, 2000 Firearms Control Information System Delegation to Present Divisional Commissioner MW Makhubela Asst Comm. PC Jacobs Asst Comm. GJ Kruser Director JJ Bothma Director P van Vuuren Supt(f) A Pienaar-Marais

3. SUBMISSION TO THE MINISTER FOR SAFETY AND SECURITY Includes: Draft set of Regulations to the Firearms Control Act, 2000 Recommendations pertaining to amendments to the Firearms Control Act, 2000 Minister approved proposals in relation to: the phased implementation of the Act (accreditation first) A consultation process in order to finalize the regulations, as required by the Promotion of Administrative Justice Act, 2000

4. DRAFT REGULATIONS Minister approved the publication in Gazette of the draft Regulations for public comment. 330 pages including the annexures (forms) Publication in the Gazette took place on 2003-03-27 Closing date for comments is 2003-04-29. Regulations to be finalized as soon as possible thereafter - target date not later than end of June 2003.

5. REGULATIONS TO THE FIREARMS CONTROL ACT Areas of the Act which require regulations but no regulations have been drafted yet Administrative aspects i.r.o. required databases. Training and knowledge testing Other work that may be performed by a holder of a gunsmith’s license Prohibited firearms that may be licensed under a license to possess a firearm in a public collection Conditions in respect of the acquisition, use, destroying and disposal of firearms by Official Institutions

6. Areas of the Act which require regulations but no regulations have been drafted yet (cont) Fees/remuneration which may be charged by dealers i.r.o any firearm/device required to be disposed of through a dealer Disposal of firearms forfeited to the State Above aspects will be addressed once policy in that regard has been determined. These areas are not critical for present implementation

7. AMENDMENTS TO THE FIREARMS CONTROL ACT Cabinet memorandum has been submitted for approval to introduce an amendment Bill to Parliament, to be dealt with concurrently with drafting of regulations Cabinet memorandum considered on 2003- 03-24 by Cabinet Committee Tabling and introduction of the Bill in Parliament planned as soon as possible thereafter.

8. PROPOSED AMENDMENTS TO THE FIREARMS CONTROL ACT Nature of the Amendments: Administrative and linguistic errors during the printing of the Act in the Government Gazette, for example… “Game Hunter” to be changed to “Game rancher”, and similar amendments Custom building of firearms by Gunsmiths Provisions for an apprentice to a gunsmith to be in possession of a firearm for the purpose of the work of a gunsmith

9. PROPOSED AMENDMENTS TO THE FIREARMS CONTROL ACT Provision to be made for SAPS, SANDF, DCS, Metro Police Service members and security officers on duty to be exempted from the requirement that a firearm must be completely covered Amendments to the transitional arrangements to allow for the continuation of an existing certificates to trade as gunsmith when the Firearms Control Act, 2000 comes into operation

10. FIREARMS CONTROL OPERATIONS Intelligence driven Firearm Control operations Part of the primary driver of the operational crime combating approach Amnesty on the illegal possession of firearms and ammunition

11. AIM OF OPERATION SETHUNYA Establishment of a combating operation to eradicate the proliferation of firearms for the use and availability in crime and violence in South Africa

12. OBJECTIVE OF OPERATION SETHUNYA Tracing of Illegal Firearms Based on targeted intelligence Identified individuals, groupings Geographical locations (high crime areas) Legal Compliance Individuals Dealers Institutions (Private) Official Institutions (Government)

13. PRINCIPLES AND CODE OF CONDUCT FOR OPERATION SETHUNYA Tracing of illegal firearms Targeted based on verified intelligence Strict compliance legal procedure eg. Use of warrants of arrest/search and seizure Focus on competency (Section 11 & 12) Use of applicable legislation to address identified threats within high crime areas eg. Security Industry Regulatory Authority

14. PRINCIPLES AND CODE OF CONDUCT FOR OPERATION SETHUNYA COMPLIANCE Ensure compliance with current legislation (Arms and Ammunitions Act 1969(Act 75 of 1969)) Awareness of new drive towards Operational Firearms Control Preparation for the implementation of the Firearms Control Act, 2000 (60 of 2000) Procedural approach Recognition for compliance Strict actions on irregularities (administrative and criminal) Focus on competency (Section 11) Principle of reasonability

15. CLEARANCE OF SAPS 13 EVIDENCE STORES Clearance of firearms from SAPS 13 with no evidential value Provide for adequate space in stores for: Confiscated firearms Voluntary handed over firearms Amnesty firearms

16. FIREARM CONTROL INFORMATION SYSTEM Administration of Firearms as apposed to Control over Firearms in South Africa Adaptive maintenance to the current system to support implementation of the FCA Enhanced System provides for: Implementation of areas such as accreditation, competency, re-licensing Transitional period of the Act New equipment to print licenses in accordance with the FCA

17. SHOOTING RANGES Standards for shooting ranges being developed by SANS Aim: Improvement of safety at shooting ranges Mechanism to accredit shooting ranges who wish to provide training to individuals in the use of firearms

18. TRAINING: COMPETENCY CERTIFICATION Training required by the Firearms Control Act, 2000 SAPS personnel in the provisions and regulations of the Act Approved minimum unit standards for levels of competency training for firearms Accreditation of service providers by SAPS

19. VOLUNTARY HANDING OVER OF LEGAL FIREARMS Procedures are in place for the voluntary handing over of firearms by legal owners to the SAPS for destruction. Aim: To assist persons who want to hand in legal firearms i.e. reducing the number of firearms in their possession to comply with Firearms Control Act, 2000

20. FIREARM FREE ZONES Applications received for declaration Verification of physical aspects of premises Recommendations forwarded to the Minister for Safety and Security after finalization of verification process, for consideration, and if approved declaration of firearms free zones in Gazette

21. AUDITS: NATIONAL/PROVINCIAL STATE DEPARTMENTS Objective of Audit: To accurately record the number of State Departments in possession of firearms Correction of firearm records kept by specific departments and Central Firearms Register Identification of obsolete and redundant firearms for destructions A total number of 163 state departments (national and provincial) already been audited. 195 136 firearms have been surrendered for destruction

22. IMPLEMENTATION INITIATIVES Initiatives completed / implemented as part of the pre-phase implementation of the Act: Implementation of the Designated Firearms Officer Model / Firearms Registration Centres Capacity at various levels in SAPS Standards for safe storage facilities De-regulation of air guns Mechanism of the voluntary handing over of legally possessed firearms Completion of Business Process Re-engineering study

23. IMPLEMENTATION INITIATIVES Development of new firearms classification table Conducting of regular inspections at Dealers, Gunsmiths and Manufacturers Awareness campaigns for the safe keeping and use of firearms Regular destruction of firearms Establishment of a Firearm Priority Committee and Firearm Control programme in SAPS Approved minimum unit standards for firearms training.

24. IMPLEMENTATION OF THE FIREARMS CONTROL ACT, 2000 (ACT No. 60 OF 2000) Portfolio Committee on Safety and Security 2003-04-02