The right to bear arms is a contentious issue in South Africa. The Constitution provides for the right to self-defense and to protection from armed violence, but there is also a provision that the state may regulate the right to bear arms. In terms of the Firearms Control Act, 2000 (Act No. 60 of 2000) (“FCA”), a person may not possess or use a firearm unless that person has been issued with a license or permit in accordance with the FCA.
The purpose of the FCA is to “regulate and control the possession, carrying and use of firearms by persons in the Republic”. The FCA does this by, amongst other things, setting out the process for applying for and obtaining a license or permit, and setting out the conditions under which a license or permit may be revoked. The FCA also provides for the establishment of the Central Firearms Registry (“CFR”), which is responsible for maintaining a register of all firearms and their owners in South Africa.
The reality is that, despite the strict regulation of firearms in South Africa, the country has one of the highest rates of gun violence in the world. A recent study by the Medical Research Council found that gun violence is the leading cause of death for men aged 15-34 in South Africa. The study found that the majority of gun violence in South Africa is gang-related, and that the availability of firearms is a major contributing factor to the high levels of gun violence. It is estimated that there are over 6 million firearms in circulation in the country – that’s one firearm for every 10 people.
The high levels of gun violence in South Africa is a major concern, and the government is taking steps to try to address the problem. In May 2021, the government announced a new Firearms Amendment Bill, which includes a number of measures aimed at reducing gun violence, such as increasing the penalties for illegal possession of firearms, and establishing a gun buy-back scheme. The government has also announced plans to establish a national firearms registry, which will help to track firearms and their owners.
However, an aspect of the bill that is trying to be implemented also states that the issuing of a gun license for the purpose of self-defense will no longer be valid. This is a concern for many as it carries the possibility of all civilians being disarmed and private security companies possibly being restricted to the point of being obsolete.
The government has tried to address the issue of gun violence through a number of measures. However, these measures have not been successful in reducing the level of gun violence. This is because they do not address the root causes of gun violence such as a lack of social cohesion. This is the result of years of apartheid and a lack of investment in social services.
South Africa needs to address the issue of gun violence by investing in social cohesion alongside changing regulations. This can be done through the provision of quality education, healthcare and social services among many others. Only by addressing the root causes of gun violence will the country be able to reduce the number of firearms in circulation.
