Commission to probe unscrupulous firearm dealers

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"In order to ensure that the provisions of the Act are properly complied with by the firearm dealers and that alleged malpractices do not take place to the detriment of applicants for firearm licences, I have decided to set up an independent investigation into the practices complained of," said Mthethwa.

The complaints allege that certain dealers withhold either the entire or a portion of the deposit paid by the applicant when the application is either refused or where the refusal is subject to an appeal.

It is also indicated that certain dealers sell or dispose the firearm for which a deposit has been paid to another person, while the application for a firearm is still pending.

Firearms for self-defence purposes, such as Norincos and Lorcins, that have defects are sold or offered mainly to applicants who are members of the black population.

The other allegation is that there is collusion between certain firearm dealers with certain members of the Central Firearm Registry in the South African Police Service, with the purpose of delaying the processing of the application for a firearm for self-defence purposes or the refusal of such application.

"The above concerns are serious and cannot be brushed off lightly. If proven to be true, they have potential negative indictment and impact on crime-reduction efforts. The proper, correct keeping of registers and the integrity of the Central Firearms Register are essential elements in our fight against crime. As such, any lack of proper controls may lead to a proliferation of unlicensed firearms throughout the country."

The commission will be headed by a senior counsel and three other members drawn from the legal fraternity, whose appointments will be announced in due course.

The commission, according to the ministry, will be legislatively empowered with the necessary powers and procedures to execute its mandate in accordance with the terms of reference.

They will be given six weeks to complete its work, whose findings and recommendations will be handed to Mthethwa.

The Firearms Control Act, 2000 (Act No. 60 of 2000) requires that any dealer in firearms must be issued with a dealer's licence in order to trade in any firearm or ammunition.

The Act also makes provision for the duties of dealers and under this provision, a dealer may trade in firearms or ammunition only on the premises specified in the dealer's licence.

According to the law, dealers may not permit any person to trade in firearms or ammunition on his or her behalf unless that person is in possession of the appropriate competency certificate.

They must also keep such registers as prescribed containing such information at the premises specified in the dealer's licence.