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IMPLEMENTATION OF FIREARMS CONTROL LEGISLATION IN SOUTH AFRICA. PRESENTATION TO THE PORTFOLIO COMMITTEE FOR SAFETY AND SECURITY 2002-09-04. 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.
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IMPLEMENTATION OF FIREARMS CONTROL LEGISLATION IN SOUTH AFRICA PRESENTATION TO THE PORTFOLIO COMMITTEE FOR SAFETY AND SECURITY 2002-09-04
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
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 SAPS FIREARMSTRATEGY
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
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 (E-Mail)
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 2002 - 2004 Phased Implementation
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 2002
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. JANUARY 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. APRIL 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 JULY 2003
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 West 5 • Gauteng 5 • Western Cape 5 • Eastern Cape 5 • KwazuluNatal 5 • 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- Declaration of Unfitness Sect 11 • Year Sec 11 • 2000 551 • 2001 572 • 2002 453 • TOTAL 1576
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