The Black Gun Owners' Association says it is preparing to sue the Minister of Safety and Security, Charles Nqakula, on behalf of thousands of prospective gun owners who have paid fees in advance to comply with new firearm licence legislation, only to have their applications and requests for refunds refused by the South African Police Service.
Gun dealers have also blamed the stringent Firearms Control Act that came into effect on July 1, 2004 for devastating the local industry and have called for the scrapping of the five-year licence renewals required under the Act.
They also claim the government is bowing to United Nations (UN) pressure to totally disarm civilians, who are instead being criminalised by turning to the black market.
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Association chairperson Abios Khoele said his association would file papers at the Pretoria High Court later this month, while its 20 000 members engaged in mass action protests against the blanket refusal of firearm licence applications and refunds.
To comply with legislation, applicants paid up to R1 500 for training courses, safes and competency certificates, only to have their applications denied.
"Everything has been planned for people not to obtain licences. The government has made a big blunder. The minister (Nqakula) said he does not want illegal firearms, so why is he refusing people legal firearms?
"The new law is encouraging people to support illegal firearms. In South Africa, firearms are readily available and some of the people selling illegal firearms are police (disposing of) amnesty firearms," he said.
He said legal gun owners had reacted to high refusal rates by vowing to report their firearms stolen, escalating the number of illegal firearms in circulation.
Khoele said 80 000 appeals were awaiting replies, but he expected them to be declined.
Durban Guns and Ammo owner Justin Willmers said more than 1 000 applications submitted via his shop, after waiting two years to be processed, had been refused on appeal.
He said applicants had received identical response letters saying they had not given a "substantial reason" as to why they could not use alternative means of protection.
"Since July 1 last year, I have not sold one gun," Willmers said. He said when customers realised the lengthy processes involved in obtaining a firearm legally, they simply turned to the black market.
Police spokesperson Director Phuti Setati said approximately 3 000 new firearm licence applications had been received under the new legislation.
"The SAPS is not sitting with some 80 000 applications that are set to be declined. A total of 2 400 competency certificates have been issued in terms of the Firearms Control Act since July 1, 2004. A total of approximately 400 firearm licences have been approved. Each application is considered on its own merits and circumstances."
He said the R70 fee paid to the SAPS for competency certificates was "for administrative processing" and was non-refundable. A competency certificate establishes that the applicant is fit to possess a gun and is different from a gun licence, which has to be applied for separately.
South African Gun Owners' Association Chairperson Martin Hood said 120 000 gun licences had been issued to civilians a year in previous years. He said two surveys showed that South Africans were 75 percent and 87 percent in favour of public ownership of firearms.
South African Gun Dealers' Association Chairperson Andrew Suter said before July 1 last year, there were 720 registered gun dealers in South Africa, but only 220 had applied to renew their licences this year. Hundreds had closed their doors.
Suter claimed the police had neither the capacity nor the expertise to administer licence renewals from the country's roughly 2,5-million gun owners. And with three and a half years left to renew 4,5-million firearm licences, at the current pace of work, it would take 26 875 years, he said.
However, a positive sign "which showed government was at least listening", had been a call by Nqakula to set up an advisory committee drawn from leaders in the firearm industry as provided by the Act.
Setati said: "The SAPS do have the necessary capacity and expertise to issue competence certificates and to administrate applications."
He denied allegations that the government was bowing to United Nations pressure to disarm civilians.
"The SAPS is primarily responsible for... legislation aimed at preventing the proliferation of illegally possessed firearms, to vigorously address firearms-related crime and the establishment... of a firearm and maintenance system."
Margy Keegan, the advocacy manager for Gun Free South Africa, said it was "critical for government to take firm action to implement gun control".
- This article was originally published on page 1 of The Mercury on August 08, 2005
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