‘Obsolete’ gun laws under scrutiny

SOUTH AFRICA’s firearms legislation is under the spotlight in the high court in 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 SA Hunters Association, Fidelity Security Services and the SA Arms and Ammunition Dealers Association.

Two days of legal arguments started yesterday. Counsel for the SA Hunters Association said 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 SA Arms and Ammunition Dealers Association’s case concerned legislation preventing dealers from receiving firearms from members whose licences had lapsed.

The court was told the dealers should be allowed to book the firearms into their stocks and to hold on to the weapons until the gun owners 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 where 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.

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.