Approve firearm amnesty, urges Cele
Declaration by Parliament would reduce illegally-possessed weapons, says police minister in letter to Speaker
POLICE Minister Bheki Cele wants Parliament to approve the declaration of the firearm amnesty in an attempt to reduce illegally possessed firearms.
This emerged in a letter Cele wrote to National Assembly Speaker Thandi Modise, asking that the national legislature consider the matter.
The request for amnesty has been made over the past three years but parliamentary processes could not be concluded.
The amnesty, first mooted by former minister Nathi Nhleko in 2017, aims to reduce illegally possessed firearms and grant amnesty to persons surrendering their weapons.
It was resuscitated when then minister Fikile Mbalula took over and then again by Cele who initially proposed the long overdue amnesty start from September 2018 until February 2019.
This was met with litigation that involved Gun Owners South Africa taking legal action after the Constitutional Court ruled it an offence to possess a firearm without a licence.
In his latest letter to Modise, Cele said the Firearm Control Act requires of him to publish a notice to declare an amnesty.
“The amnesty may result in the reduction of the number of illegally possessed firearms in South Africa. It is in the public interest to do so,” he said.
In terms of the legislation, the amnesty will be valid if it is approved by Parliament and it must specify the period during which persons may apply for amnesty as well as the conditions under which amnesty may be granted.
Cele told Modise that a draft notice for a declaration of amnesty was tabled by his predecessor in the latter part of 2017 and was referred to the police portfolio committee. “The portfolio committee on police was unable to consider the draft notice prior to February 1, 2018, being the proposed date on which the amnesty period was set to commence.
“I am advised that following further interaction with the committee during February 2018 the draft notice was approved in principle and the amnesty was to commence on June 1 2018.”
He added that the portfolio committee had required Mbalula to table a new letter containing the new date, prior to approval. “While I am in support of the declaration of an amnesty on the conditions that were in principle already agreed to by the portfolio committee of police, I further wish to add that an application contemplated on Section 134 (4) of the said act shall not apply to illegal firearms where documentary proof of previous ownership cannot be produced,” Cele said.
The minister said the proposed new dates for amnesty would be October 2019 to March 2020.
“It will be appreciated if the amended draft notice can be forwarded to the portfolio committee of police for consideration,” Cele said.