During February 2008, my wife and I obtained the necessary competency certificates and renewed our firearm licences. We were told then that we would not need to repeat any training when we renew our licences again five years later.
But when we went to renew our licences in 2013, the South African Police Service sergeant told me we needed to repeat the competency and practical training. He referred us to a local trainer, who said this would cost R1 800 each.
The trainer also told us his was the only accredited service provider in town. Both he and the SAPS official refused to listen to our complaints that we had been told no additional training would be necessary. They also refused to confirm these requirements in writing.
We suspect that there may be a corrupt relationship between the police and the trainer. What can we do?
Trigger Unhappy
Dear Trigger Unhappy,
The first question is whether you are, in fact, required to perform the new practical training. The short answer is no.
The long answer demands a closer look at the Firearms Control Act. Whenever you apply for the renewal of a firearm licence, you also need to apply to renew your competency certificate. To get your certificate renewed, you need to satisfy the registrar of firearms that you still comply with the requirements for the issuing of a competency certificate in terms of this act. The requirements are set out in section 9(2) of the act and include things such as being in a stable mental condition, not being a drug addict and not having been convicted of various offences.
In addition, the act requires you to successfully complete “the prescribed test on knowledge of this act” and “the prescribed training and practical tests regarding the safe and efficient handling of a firearm”. However, although section 10A requires you to satisfy the registrar that you are not a crazy, drug-addicted criminal when you renew your licence, section 10A(7) states that you do not need to redo the two tests unless the registrar “on good grounds requires otherwise”. To translate from legalese, you need to do the tests only once, unless there is some good reason to require you to repeat them.
Given that there is no legal basis for you to repeat the tests, it is likely that there is a corrupt relationship between the police and the service provider. The fact that the police referred you to the service provider, that there is only one service provider, that the price is so high and that they both refuse to put these requirements in writing all suggest some form of corrupt relationship between the two. The service provider probably pays a kickback to the police officer for each person he refers.
What can you do about it? You could complain to the Independent Police Investigative Directorate, which investigates misconduct by the police. You could also approach the national commissioner of police, who is the registrar of firearms in terms of the Firearms Control Act, or even the public protector. There is also an appeal board established by the act. You could lodge an appeal to the board against the decision of the sergeant to demand you retake the tests.
None of this will immediately get your licence renewed and it will require some effort to lodge the complaint, and probably to follow up with the relevant agency. But stamping out corruption requires us, as citizens, not to take the easy route.
• This article was first published in Sunday Times: Business Times
