Pretoria - South Africa’s firearms legislation is under the spotlight in the Gauteng High Court, Pretoria, which has been asked to issue a range of orders clarifying confusion pertaining to, among others, the renewal of licences.
Three applications have been served before Judge Ronel Tolmay by the South African Hunters Association, Fidelity Security Services and the South African Arms and Ammunition Dealers Association.
Two days of legal arguments began on Tuesday.
The arguments made on behalf of the The South African Hunter’s Association were that legislation relating to the renewal of gun licences was confusing and unclear.
Advocate David Unterhalter told the judge the police acknowledged that certain aspects of the legislation was problematic and dysfunctional. The police even agreed that the infrastructure regulating the gun laws was falling apart, the court was told.
The association asked Judge Tolmay to order the police minister to introduce amendments and an action plan to remedy these administrative challenges.
The South African Arms and Ammunition Dealers’ Association’s case is about legislation preventing firearm dealers from receiving firearms from members whose licences had lapsed.
The court was told these dealers should be able to book their firearms into their stocks and to hold on to them until the gun owners had managed to renew their licences.
In the case of Fidelity Security the court is being asked to order that the police accept applications for the late renewal of firearm licences in cases where this was justified.
As the law stands, it does not make provision for registration outside the 90 days framework.
In all three applications, the court is asked that practical solutions be put in place to manage the firearm legislation.
Gun Law expert lawyer Martin Hood said hundreds of thousands of South Africans were affected by these unclear laws.
One of the issues before the court was a directive issued last year by acting police commissioner Lieutenant-General Khomotso Phahlane and former police minister Nathi Nhleko.
In terms of the directive, all firearm owners whose licences had lapsed were deemed to no longer be in lawful possession of their firearms and had to hand them to the police to be destroyed. No excuses would be allowed.
But the dealers association wants the court to rule that the police not simply destroy surrendered
firearms.
They are asking that gun dealers with valid licences trade in arms and ammunition and hold these firearms in safekeeping until the licence issues had been resolved.
The firearms association said this would provide a mechanism in a sensible and reasonable and lawful way to allow gun owners with lawful but lapsed licences to legitimately reapply for a licence.
According to the association, there are conflicting and inconsistent directives issued by the SAPS regarding the renewal of firearm licences and people who innocently did not renew them should be heard before their firearms are simply destroyed.
A person could also be deemed to be in unlawful possession of a semi-automatic firearm, which was a criminal offence and carried a penalty of up to 15 years' imprisonment.
The police, in opposing the applications, said there was nothing unclear about the legislation and that the circular was merely to provide clarity on the interpretation of the gun legislation.
The court was told strict gun laws had to be in place to regulate and control the ownership of firearms.