1. The Human Rights Committee (HRC) is an independent national NGO established in 1981 from a number of banned human rights organisations. We believe in protecting and promoting fundamental human rights and in sustaining and developing democracy. Through our research, monitoring and advocacy work we seek to contribute to a South Africa where everyone meaningfully enjoy the rights and benefits enshrined in the Constitution and the Bill of Rights.
2. We have been monitoring taxi violence in Gauteng and political killings in KwaZulu-Natal and the Eastern Cape. Our research shows that firearms play a major part in these crimes.
3. According to a 1998 United Nations survey of 69 countries, South Africa is second to Columbia in firearm related homicides in the world, viz. 26.63 per 100 000 people. According to the Crime Information Analysis Centre firearms are increasingly used in South Africa to murder people. Statistics indicate that South African law enforcement officers are most at risk of being killed with firearms compared to the rest of the world. In his report to Parliament, 18 March 1999, the Minister of Safety and Security indicated that 80 licensed firearms were stolen or lost per day. Less than seven percent of these are recovered. The Human Rights Committee supports a gun free South Africa. We also support measures to limit and / or control the use and circulation of firearms in South Africa. HRC therefore supports the aim of the Firearms Control Bill [B34-2000] (hereafter the Bill) and asks the Committee to pay due consideration to submissions supporting strict firearm control, including our own.

Comments on the Bill

4. The Bill respects, protects and promotes the right to inherent dignity, the right to life and the right to freedom and security of the person. The HRC supports the effective implementation of clauses 3, 8(2), and 11 relating to competency certificates and lawful possession of firearms. In the context of effective gun control, this clause must be implemented to exclude any doubtful applicants from legally possessing a firearm.
5. HRC supports the provision in clause 106(2) that a court must declare a person unfit to possess a firearm. We urge the Committee to consider proper monitoring of the implementation of this section including:

• adequate training of judicial officials to familiarize the judiciary (including lower courts) with the Bill;
• adequate training to administrative personal to record all findings in terms of this section; and,
• adequate resource allocation to support the above training and record keeping.

1. The HRC support bona fide efforts of the Government to eradicate and / or restrict the flow of guns in South Africa. In this context we support clause 142 relating to the granting of amnesty. We also support clause 143 relating to the creation of firearm free zones, and clause 144 relating to emergency provisions.
2. The HRC is however concerned about the inconsistency in clause 105(4). The clause allows a person declared unfit to possess a firearm by the registrar thirty days to surrender all firearms, ammunition and related documents to a designated firearms officer. In terms of clause 106(5) when a court declares a person unfit to possess a firearm, such declaration is subject to different measures. A court’s declaration to that effect "must be accompanied by a court order for the immediate search for and seizure of" all firearms, ammunition and related documents (our emphasis). We are convinced that clauses 105(4) and 106(5) have the same objective in mind, namely to prevent inappropriate use of firearms. We submit to you that the appropriate part of clause 105(4) should be framed as follows (our submission is underlined):

"When the Registrar declares a person unfit to possess a firearm in terms of this section, such person must within 30 days as soon as reasonably possible or within a reasonable time determined by the Registrar surrender to the Designated Firearms Officer – …"

3. We thank you for this opportunity to make a submission and trust in your judgement to lead South Africa into a safer millenium.

Submission drafted by: Frankie Jenkins

Human Rights Committee

Researcher (Legislation)

Cape Town