Demand for Immediate Public Release of the Draft Firearms Control Amendment Bill

Mr. Ben Ntuli
Civilian Secretariat for Police

Per email: Benjamin.Ntuli@csp.gov.za
Copy to Secretary of Police, SAGA, AfriForum.

Dear Mr. Ntuli,

I write to you with reference to our recent correspondence in which you have confirmed that there is an amended version of the 2021 FCA amendment bill. It is now common cause that the Secretariat has furnished this bill to Nedlac and that Nedlac has involved BUSA in discussions around this developing legislation in the safety and security cluster.

This sharing effectively places the draft in the public domain, yet it has not been made available to the broader public, the firearms community, or the directly affected industry stakeholders.

We respectfully but firmly demand the immediate release of the full draft FCA Bill to the public without delay. The conduct of selectively sharing developing legislation within the safety and security cluster—specifically with a trade organization such as BUSA via NEDLAC—while withholding it from the public at large is contrary to the public interest.

This approach undermines fundamental principles of transparency, just administrative action, and public participation in legislative processes, as enshrined in the Constitution of the Republic of South Africa, 1996, and related administrative law frameworks.

By restricting access to only certain organizations, the process fosters secrecy and excludes those with direct constitutional, economic, and public safety interests in lawful firearm ownership, thereby rendering it procedurally illegitimate.

As highlighted in recent public discourse, NEDLAC's statutory mandate, established under the NEDLAC Act, 1994, is limited to facilitating dialogue on socio-economic and labour matters, including labour legislation, workplace policy, and industrial/economic strategy. It is not empowered to independently weigh in on safety and security legislation, such as firearm regulation, which pertains to public safety, constitutional rights, and sector-specific economic issues. NEDLAC is neither the South African Police Service (SAPS), the Civilian Secretariat for Police, nor Parliament, and its involvement in convening a task team on the FCA Bill appears to operate outside its legal mandate, usurping the roles of Parliament and the Police Ministry.

Firearm regulation directly impacts the livelihoods, rights, and safety of law-abiding citizens, the firearms industry, private security sector, rural communities, and conservation efforts—sectors that contribute billions to the economy and employ hundreds of thousands.

Any amendments must be grounded in transparent, accountable, and fact-based policy-making, free from backroom deals or hidden drafts. The failure to engage directly with those most affected, including law-abiding firearm owners, accredited hunting and sport shooting bodies, and the private security industry, further erodes democratic principles and risks illegitimate outcomes that we will actively oppose. We place you on notice that continued withholding of the draft FCA Bill from public scrutiny may necessitate further action to ensure compliance with principles of openness and inclusivity.

We urge you to rectify this matter forthwith by publishing the draft in full on official channels, allowing for meaningful public participation and consultation with all relevant stakeholders. We look forward to your prompt response and confirmation of the draft's release within 7 days.

Yours sincerely,
Jonathan Deal
Director, Safe Citizen