Deputy Chair, hon members, chairperson of the Select Committee on Safety and Security and Constitutional Affairs, I must say that the select committee made history by having its final deliberations on this Bill in Parys, in the Free State.
One must congratulate the committee for the thorough manner in which they have dealt with this Bill, by revisiting the submissions made to the Portfolio Committee on Safety and Security during its public hearings on the Bill, and by way of in-depth discussion of the Bill itself.
One of the touching submissions to the portfolio committee was that of the Red Cross Hospital, which pointed out the tragic consequences of the illegal use of firearms when children land in the crossfire. We all will recall also the recent incident in which a small child was killed in an armed robbery in Johannesburg where an illegal firearm was used.
The cornerstone of the Firearms Control Act of 2000 is responsible ownership, which is directly linked to the competency to possess firearms. One of the sources of illegal firearms is legal firearms that are obtained by means of robberies, housebreakings and theft. I would like to emphasise the need for the safekeeping of firearms by owners because that would reduce the number of illegal firearms we find in our communities.
The amendment to the Act, in the Bill before this House, provides for new categories of competency certificates in respect of muzzle-loaders, professional hunters and collectors. Furthermore, the Bill provides that the validity period of competency certificates will in future coincide with the validity period of the particular licence.
The Bill furthermore provides for a renewal process for competency certificates, which will be simplified but will still ensure that field investigations are done when there is any indication in the application in respect of a person's unfitness to own a gun.
We realise how important the hunting industry is to the country in respect of income generated through hunting by overseas hunters. On behalf of the professional hunters a good case was made for creating a separate category of licence for professional hunters.
At present professional hunters own their firearms as dedicated hunters. They are employed for specific hunts by the hunter outfitters who organise the hunt. In terms of the law, these hunters must be accompanied by a professional hunter.
These outfitters expect the professional hunters in many cases to provide the appropriate firearms. By registering firearms for professional hunting purposes, the professional hunters will be empowered with regard to the Firearms Control Act of 2000. This will now link up with the requirements of provincial laws regulating firearms.
In respect of muzzle-loaders it needs to be pointed out that the provision in the original Act that antique firearms, as well as replicas thereof, were excluded from any regulation in terms of the Act, led to abuse, where muzzle-loading firearms were sold at all sorts of shops, even gift shops, and even children were allowed to buy these muzzle-loaders. The Bill now provides that only a person in possession of a competency certificate will be allowed to possess a muzzle-loading firearm, and that such firearms may only be manufactured, imported, exported and traded in by licensed manufacturers or dealers.
In respect of silencers, it was clear, even from the submissions of various organisations, that there are thousands of silencers being used for hunting purposes. Currently a silencer which can be used for assassination may be manufactured, traded or possessed without any form of control. It is common knowledge in many countries that silencers may only be possessed by a licensed firearm owner.
The Bill now includes a silencer or sound moderator as a firearm part. This will ensure that only a person who is a licensed firearm owner may possess a silencer for that firearm. It may only be manufactured by licensed manufacturers and may only be sold by a dealer.
In addition, it opens the avenue for the Minister of Safety and Security to prohibit or restrict, by notice in the Gazette, the acquisition, disposal, possession or use of silencers, if it is in the interests of public safety or the maintenance of order.
We honestly cannot think of lawful reasons to possess a silencer for a handgun. However, we do recognise that especially game farmers have a need to use silencers in culling operations in order not to scare and traumatise the animals unnecessarily. In terms of the Act, any notice in the Gazette to further regulate silencers would require the approval of both Houses of Parliament.
During the deliberations on the Bill a number of organisations were concerned that orders made under the Domestic Violence Act are not taken into account in respect of pending applications for firearm licences. The Domestic Violence Act does provide that such an order must be sent by the court to a police station of the complainant's choice. However, the committee undertook to strengthen the firearms control regulations in this respect by ensuring that any such order would be related to pending applications for firearm licences, to ensure that a licence is not issued in any circumstances where there is a danger of it being abused.
The Bill is important in that it will simplify the administration and further the implementation of the Firearms Control Act of 2000. The Bill extends the validity period and therefore the sequence of renewal of certain licences, such as firearms for business purposes and gunsmith licences.
An aspect which complicated and slowed down the relicensing of firearms licensed under the repealed Act, as well as the issuing of new licenses, was the requirement of SA Safety and Security Education and Training Authority certificates, which are issued by Sasseta, whilst the service provider is accredited and registered as such.
The SAPS has already undertaken to allow applicants to lodge their applications on the basis of the certificate by the service provider, in anticipation of the Sasseta certificate, to allow the processing of the licences without delay. The SAPS has also commenced accepting applications for licences together with applications for competency certificates, in order that these processes run concurrently. Steps are taken to ensure that applicants are informed at the time of the application that they may follow this route.
In respect of collectors, the Bill provides that prohibited and restricted firearms - in other words, fully automatic and semi-automatic firearms - must be made inoperable in order to be kept in a collection. This process of making a firearm inoperable will mean that it will not be able to fire ammunition. The process will be prescribed by regulations and will be drafted through consultation with the relevant role-players in order that it might be a reversible process not affecting the collectors' value of the firearm in question.
Chairperson, the SAPS is doing its utmost to locate and destroy illegal firearms in South Africa through police operations. A series such as Operation Rachel took place over a period of 12 years between Mozambique and the South African police. During the last operation more than 5 tons of weapons were destroyed by blowing them to pieces with explosives. Similar operations were held in Lesotho and the Democratic Republic of Congo.
Deputy Chair, I move that this House adopt this report, and that the Bill be adopted by the National Council of Provinces. I thank you. [Applause.]