Template Objection to the Firearm
Control Act Amendment Bill

on 28 June 2021
by Safe Citizen

Here is a template objection to help you get started.
You can use it by:

First: Downloading the template here.

Then: Making changes to it as you see fit.

Lastly: Submitting your objection on the Dear South Africa website here.

Objections to the Proposed Draft Amendments to FCA as Published in Government Gazette No. 44593 of 21 May 2021 (pages 149 to 156)

To whom it may concern (Civilian Secretariate of Police),

As a private firearm owner who has been through the necessary training and has successfully licensed a firearm for self-defense; I reject the proposed Firearms Control Act Amendment Bill 2021 in its entirety and request it be withdrawn. My main motivations and proposals below: 

Primary Objection:

The above-mentioned Gazette merely contains bullet pointed summaries of proposed amendments said to be contained in the Bill.

On page 156 of the above-mentioned Gazette: "interested persons and organisations" are being invited to submit written comments on the draft Bill and Socio-Economic Impact Assessment System Report not later than 45 days from date of publication.

The following remains unclear as to how the public will:

  • Know where to find the Bill containing the exact draft amendments to the FCA
  • Know how to comment on the summaries of the proposed changes said to be contained in the Bill without proper context – which has not been provided in the amendments
  • Know where to find the Socio-Economic Impact Assessment System Report on which they are also invited to comment
  • Know that the documents which they have been invited to comment on, are the correct documents referred to in the above-mentioned Gazette.

ADDITIONAL AND SUPPLEMENTARY OBJECTIONS:

Objection 1: The Secretariate has not properly fulfilled his mandate of his office.

Comment: The mandate of the Secretariate of police is to enable legislation and to monitor the performance of the South African Police Services. The Secretariate's role is to provide recommendations, legislation, and policy to enhance the performance of the South African Police Services.

Your objects as stated in Section 5 to inter alia: "(d) liase and communicate with stakeholders; (e) implement the partnership strategy to mobilise role players and stakeholders to strengthen service delivery by the police service to ensure the safety and security of communities".

The preamble to your enabling legislation states: "and whereas there is a need to promote democratic accountability, transparency and openness within the police services and to ensure cooperation between the police services and the communities it serves".

Proposal: Outside of the state entities; there was no stakeholder involvement with the firearm community. Firearm stakeholders outside of the state entities should be afforded the opportunity to comment and contribute to possible amendments before amendments are put forward for public comment.

Objection 2: I object to and strongly oppose the proposed amendment as stated in: "2.15 Clause 15 2.15.1". Clause 15 seeks to repeal sections 13 and 14 of the Act.

Section 13 provides for a license to possess a firearm for self-defense purposes. The consequence of the repeal of section 13 is that the Registrar may not issue a license to any natural person who identifies the need for a firearm for self-defense.

Comment: This is not acceptable to me as a law-abiding person living in South Africa where the crime rate is so high - as is reflected in the government's national crime statistics. South Africa is one of the most homicidal nations on Earth, we have among the highest rates of rape and sexual violence in the world, and our murder rate has increased every year since 2011. In October 2018 the National Commissioner of police admitted to Parliament that it is "impossible" for the SAPS to fulfil its constitutional mandate. SAPS Budget cuts over the past several years amounting to billions of Rands also raises serious concerns for South African citizens. The citizens of our republic are truly the last line of defense against the scourge of violent crime. They must be allowed to protect themselves.

Proposal: A person who has undergone the necessary training and who has been deemed a "fit and proper person" should be allowed the freedom of choice to own and license a firearm for self-defense.

The Constitution of the Republic of South African Bill of Rights states: 
"11. Everyone has the right to life. Freedom and security of the person 
12. (1) Everyone has the right to freedom and security of the person, which includes the right— (c) to be free from all forms of violence from either public or private sources."

If the state removes this option as a last line of defense, they take away our right to security and threaten our right to life. I believe that this amendment is in contradiction of the constitution of South Africa.

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