• “Our success or failure in fighting crime is, to a large extent, dependent on how effectively managed [the Central Firearms Registry (CFR)] is. …Its effectiveness cannot be compromised.

  • While official police statistics recently released, show an increase in the murder rate by 8.4% and attempted murders up by 8.7%, proposed amendments to the Firearms Control Act gazetted for public comment on Friday, want to remove “self-defence” as a reason for owning a firearm.

  • The Civilian Secretariat for Police Service, headed by police minister Bheki Cele, is proposing to prohibit firearm licences for the purposes of self-defence. Their reasoning, however, is flimsy and full of holes (bullet holes? – Ed) 

    Last August, Koane Potlaki, accused in a house robbery case and allegedly involved in a farm attack, accosted a police officer and relieved him of his service pistol. He went to a farm north of Potchefstroom in the North West Province. There, he ambushed farmworkers, and forced them to lure the farmer to their location near a water tank. The 32-year-old farmer, who was a witness in the case against Potlaki, duly arrived, only to be shot in the chest by Potlaki. He returned fire, killing Potlaki. If he had not done so, Potlaki would certainly have finished the job of silencing the witness against him.

    The story is recounted on News24 and collected in a small archive of similar stories of self-defence maintained by Safe Citizen, a public interest group which holds that lawfully armed citizens make themselves, their families and their communities safe. 

    There is no data in South Africa on the use of firearms for self-defence. We simply don’t know how many people use legal firearms for this purpose and how such incidents turn out. We also don’t know how many legal firearms are used in the commission of crime. 

    This absence of data suggests that the Civilian Secretariat for Police Service, of which police minister Bheki Cele is the head, has no empirical basis for proposing to remove self-defence as a valid reason for obtaining a firearm licence.

    Eye-catching stats

    This doesn’t stop anti-gun lobbies, like Gun Free South Africa, from citing a bunch of eye-catching factoids. For example, it claims: ‘South African research undertaken in two Johannesburg police precincts shows you are four times more likely to be shot at if you use your gun in self-defence.’ 

    In the same media release, it states: ‘…the 1999 study conducted in two Johannesburg police precincts showed that you are 4 times more likely to have your gun stolen from you than to use it in self-defence when under attack.’

    Another group, Gun Safe Cities, states: ‘you are four times more likely to have your gun used against you than to be able to use it successfully in self-defence’.

    All of these claims rely on a single survey conducted by Anthony Altbeker. 

    ‘No research backs widely shared statistic about gun ownership risk in South Africa,’ announced AfricaCheck, a fact-checking service. 

    Altbeker’s study examined a mere 602 police dockets for gun-related crimes from Johannesburg suburbs Alexandra and Bramley, dating back to the first three months of 1997. 

    It found that in 8% of those cases the victims were armed, and of those, nearly 80% of victims lost their guns to their attackers without being able to defend themselves. It also found that those who used their own gun to defend themselves were ‘four times more likely to have been fired upon by their attackers’.

    Data quality issues

    The latter statistic is used by Gun Free South Africa to make the claim that you’re less safe if you use a firearm to defend yourself. However, this ignores the fact that correlation does not imply causation. In fact, the causation may well run the other way: people who get shot at are more likely to use guns to defend themselves.

      Corruption in South Africa’s firearms registry puts guns and ammo in the hands of gangsters

    It also doesn’t take into account the fact that many victims, who successfully deterred an attack by brandishing a firearm, may not have reported it to the police, knowing, as they do, that it is fairly useless to involve the police in any matter other than insurance claims or cleaning up after rioters.

    Neither statistic is supported by any comprehensive or recent data. Extrapolating from a small number of cases in one or two suburbs to the entire country is not justifiable. There is no way to tell whether they are close to the average or whether they are statistical outliers. 

    According to the AfricaCheck article, Altbeker revisited the question in a subsequent research report, this time commissioned by Gun Free South Africa. Although slightly more representative, it was also published more than 20 years ago, and suffers from what the author himself calls ‘data quality issues’. 

    Of course, the possibility of being disarmed by an attacker is a real threat and should be a focus of firearm proficiency training, but it is not a justification for disarming all legal firearm owners a priori

    Unarmed victims are just what criminals want.

    A drop in the bucket

    You’ll also hear that every year, some 10 000 licensed firearms, or thereabouts, are stolen. This, it is argued, contributes to the problem of illicit firearms. Cut off this supply and, they claim, you’re making inroads against the illegal use of firearms. 

    This is arrant nonsense. While every firearm stolen is one firearm too many, they are often stolen from police officers, who are not about to be disarmed by law. What the anti-gun lobby also won’t tell you is that the number of stolen firearms is down from some 30 000 in 1998. 

    More importantly, those firearm thefts are a drop in the bucket. According to the Small Arms Survey of 2018, there are approximately 5,4 million licensed and unlicensed firearms in circulation in South Africa. Of those about 3,2 million are licensed (based on 2015 numbers). 

    So there are likely north of 2 million illegal weapons in South Africa (although this number is admittedly an estimate with very wide error margins – it could be as low as 500 000 or as high as 4 million). Assuming 2 million is a reasonable estimate, 10 000 stolen firearms represent 0.5% of the illegal guns in circulation and just over 0.3% of the stock of legal firearms. 

    Arguing that firearm theft is the major driver of criminal firearm use in South Africa is spurious. If the government is concerned about illegal weapons, it should act to recover those weapons, instead of disarming law-abiding citizens and leaving them to face those illegal weapons unarmed.

    South Africa is nowhere near the most-heavily armed population in the world. The top 25 countries by number of firearms per 100 population include, of course, the United States (120,5) and war-torn countries like Yemen (52,8), but also peaceful and relatively crime-free countries such as Canada (34,7), Austria (30), Norway (28,8), New Zealand (26,3), and Sweden (23,1). France and Germany come in at 19,6 respectively, the same as Iraq. Number 25 on the list is Luxembourg at 18,9 guns per 100 people. By contrast, South Africa has only 9,7 firearms per 100 population, fewer than half of that.

    It is clear, then, that crime rates are not closely correlated to legal firearm ownership. On the contrary. 

    Crime deterrent

    In the US the Centers for Disease Control and Prevention (CDC), published a report commissioned by President Barack Obama, in which it cited research suggesting ‘self-defence can be an important crime deterrent’, and also that ‘the association between self-defensive gun use and injury or loss to the victim have found less loss and injury when a firearm is used’.

    ‘Studies that directly assessed the effect of actual defensive uses of guns (i.e., incidents in which a gun was ‘used’ by the crime victim in the sense of attacking or threatening an offender) have found consistently lower injury rates among gun-using crime victims compared with victims who used other self-protective strategies,’ the report says.

    This contradicts the view of the anti-gun lobby that owning a firearm for self-defence exposes you to greater risk than being unarmed.

    The Police Secretariat’s poorly-drafted socio-economic impact assessment of the proposed bill makes a great number of unsupported statements and inferences, suggesting strong preconceived opinions.

    For example, it claims that high levels of gun-related crime are caused by ‘increased availability and abuse of firearms’, which it says persists primarily because the Firearms Control Act ‘does not sufficiently limit the number of firearms’.

    The millions of guns that are beyond the remit of the Firearms Control Act, because they are unlicensed in the first place, are a mere afterthought. Those are the weapons most often used in gun-related crimes, yet the Secretariat takes it as a given that restricting legal firearm ownership would reduce gun-related crime. This belief is not supported by any evidence.

    It also cites the fact that murder rates in South Africa have steadily risen between 2011/12 and 2016/17, which it attributes in part to increasing availability of firearms. This ignores the fact that murder rates steeply declined between 1994 and 2011, and more importantly, ignores the fact that as the murder rate rose after 2011, the number of legal gun owners consistently decreased.

    Murder vs gun ownership

    It seems that legal gun ownership is inversely correlated with gun crime, which is the exact opposite of what the government’s documents appear to claim.

    If anything, the rising murder rate since 2011 is likely attributable to a captured and deteriorating police force. 

    Dubious data 

    Perhaps one of the reasons for these weak claims is that the Secretariat’s own data gathering is pretty dubious and is in part reliant on the anti-gun lobby. 

    Its 2016 White Paper on Safety and Security, for example (available in full only on the website of Safer Spaces, an NGO that helped develop and implement it), sources statistics about firearm licence issuance to Gun Free South Africa documents. Does the Secretariat not have direct access to its own Central Firearms Registry?

    There are also other questionable citations in that White Paper. In one case, it references data from 2009 and 2011 to a book by Robert Chetty that was published in 2000. This book, according to Ludwig Churr, head of research at Safe Citizen, does not itself give any data sources.

    Personal safety

    The National Development Plan 2030 states: ‘Personal safety is a human right. It is a necessary condition for human development, improved quality of life and enhanced productivity. When communities do not feel safe and live in fear, the country’s economic development and the people’s wellbeing are affected…’

    The Police Secretariat uses this passage to support its view that it has a mandate to remove firearms off the streets, starting not with illegal guns, but with legal firearm owners. 

    In truth, that passage suggests that law-abiding citizens have a right to defend their own personal safety, and that of their communities, especially in a country where the police is grossly derelict in its duty to secure safety for its citizens.

    The anti-gun activists are a small, if vocal, minority. A News24 poll found 89% of respondents believed citizens ought to be able to use firearms to protect themselves, while only 11% think it leads to increased availability and abuse of firearms.

    Unfortunately, their blinkered ideology has found favour with the Secretariat, since it plays perfectly into the hands of authoritarians, central planners, looters, and expropriating socialists. Can’t have people defending their land with guns when the government comes to take it, now can we?

    It is time for the rest of us, the 89% – whether or not we personally own firearms – to stand against this gross violation of civil rights. 

  • The news that newly proposed firearms legislation would no longer recognise self-defence as a valid reason to own a firearm, has been met with anger, despair, and disbelief. And not only by those who own a gun.

  • Any prospective piece of legislation must be evaluated from two perspectives. The first is whether the goal is to be supported.

  • More than 21 000 South Africans have rejected the government’s proposed ban on owning guns for self-defence through the campaign mounted by the Institute of Race Relations (IRR) against the draft Firearms Control Amendment Bill.

  • Statistics produced by the police and mortuary surveillance systems in South Africa have consistently shown that firearms are the most commonly used weapons to commit murder and other violent crimes, such as carjacking and house robberies

  • The rioting and civil unrest that gripped KwaZulu-Natal and parts of Gauteng saw the destruction of numerous businesses and plenty of infrastructure.

  •  On February 24, the Russian Federation launched air attacks on military installations and airports across the nation of Ukraine.

  • Recently, in an unusually candid moment before Parliament’s Portfolio Committee on Police, the director general of an oversight body of the South African Police Service (SAPS), the Civilian Secretariat for Police Service (CSPS), Thulani Sibuyi, let slip an inconvenient truth about South Africa’s proposed new firearm legislation: it is legislation first and diagnosis of the actual problem later. That admission should concern every South African.

    Over the past few years, policymakers have moved to rewrite the fully adequate Firearms Control Bill without first establishing whether the real failure lies not in the actual Bill, but in the state’s chronic inability to enforce the legislation already in place.

    During a meeting by Parliament’s Portfolio Committee on Police at the end of last month, the CSPS was directly challenged on its approach to the Firearms Control Amendment Bill. Ian Cameron, the chairman of the committee, questioned why the department appeared to be pushing ahead with legislative changes while long-standing failures in the existing system remain unresolved. Those failures are not theoretical.

    They include the well-documented dysfunction of the Central Firearms Registry, the loss of state-owned firearms, weak tracing capabilities, and limited enforcement against criminal possession of illegal firearms.

    In the 2023/24 financial year, 741 SAPS-owned firearms were reported lost or stolen, with only 170 recovered to date. Over a five-year period, more than 3 400 police firearms have entered the system as lost or stolen. Yet despite this, the policy focus has remained firmly on further restricting lawful firearm ownership rather than fixing the state’s own systems and inability to enforce the current law.

     GAZETTED DRAFT AMMENDMENTS TO THE FIREARMS CONTROL ACT, CLEARLY DEMONSTRATES THAT MINISTER BHEKI CELE IS OUT OF TOUCH WITH REALIT

    Under pressure from the parliamentary committee, the CSPS conceded two critical points.

    First, it acknowledged that the language used in its presentation before the committee –and specifically the phrase “to ensure enactment” of the Amendment Bill – was inappropriate and created the impression that the legislative process was predetermined. With the use of such language in its documentation, one is justified in thinking that the CSPS likely views lawmaking as a process of steamrolling, followed by rubber-stamping by Parliament. That is unacceptable.

    Second, and far more significantly, the CSPS confirmed that a new internal research project has now been commissioned to determine whether the problems in South Africa’s firearm environment are in fact caused by legislative gaps or simply by failures in implementation.

    Sibuyi said: “We have commissioned […] our research unit […] to start looking at whether or not the current legislation is implemented fully”, “what are the failures in terms of the implementation”, “we can’t rush to the amendment of legislation if […] it’s the failures of implementation”.

    This presents a deeply troubling but inescapable question: why is the Amendment Bill being progressed through the National Economic Development and Labour Council (NEDLAC) in the absence of clarity on this most basic issue?

    For people and organisations who have attempted to engage constructively in this process over several years, this is deeply frustrating. Despite repeated requests for transparency, access to underlying data, and meaningful participation, key industry participants have been excluded from substantive engagement since 2021.

    Not Genuine

    Consultation processes have often appeared procedural rather than genuine. The processes were given the outward form of engagement, without any open or cooperative substance. Now, with the department itself acknowledging the need to reassess the factual foundation of the Amendment Bill, and confirming in fact that the research is underway, it is fair to say that the legal process has effectively been reset.

    Should this be the case, it is a welcome development, but it also confirms what many have argued all along: the issue is not a lack of regulation. It is a failure of administration and enactment. South Africa already has one of the most comprehensive firearm control frameworks in the world. What it lacks is consistent enaction, functional systems, and accountability within the institutions responsible for implementing the law.

    If the newly commissioned research is conducted properly, it should lead to the simple conclusion that before changing the law, the system should be fixed. Until then, any attempt to push forward legislative amendments would not only be premature, but it would also be irrational and in all probability procedurally irregular.

    The responsibility now lies with the government to ensure that this process, including the methodology and findings of the new research commissioned by the department, is transparent and based on evidence. They need to draw on the expertise and goodwill of those who want to assist in ensuring that South Africa is safer for all who live it in. Anything less will only deepen the growing crisis of confidence in how critical public safety policy is being developed.

    Marco van Niekerk is the group chief executive of Outdoor Investment Holdings.

  • A proposed amendment to the Firearms Control Act would gut shooting sports, and with them, one of the most effective tools for producing safe, skilled, and accountable gun owners.