Firearm licences which were valid before 1 July 2004 will remain valid until June 2009, according to a statement issued last week by the Office of the Area Commissioner, SAPS, Vhembe Area in Thohoyandou.

The statement, issued in response to an earlier newspaper report, emphasises, however, that licence holders must still renew their licences within the period indicated in Government Gazette No. 26664 dated 20 August 2004, or face prosecution.

The statement reads that any person who was obliged to apply for the renewal of his or her existing firearm licence, permit or authorization during 2005 and failed to do so and who wishes to apply for the renewal during the years 2006 to 2009 is liable to be prosecuted for being in contravention of item 11(4) of the Act, depending on the circumstances of the failure to apply for the renewal.

“If a holder of a firearm licence intends not to keep the firearm, it is not necessary to renew the licence; however, the licence holder must dispose of the firearm by selling it to another person or firearm dealer, permanently export it, donate it to another person, deactivate the firearm or voluntarily hand in the firearm to the South African Police Service for destruction, or transfer the firearm from one individual to an accredited business. The onus is on the owner to ensure that such a firearm is disposed of in a lawful manner.

“After June 30, 2009, a person who has not applied for the renewal of his or her licence and has not disposed of the firearm may be prosecuted for the illegal possession of a firearm.

“The firearm licence holder may not give the firearm to any other person unless that person is already a firearm licence holder. The official pro forma document (SAP539) must be completed by the licence holder and signed and stamped by the Designated Firearm Officer. The firearm may not be used by another person if the firearm is in safe storage. The firearm may not be transported by any other person except by the licence holder. Without the necessary documents, both the person who is in possession and the person who supplied the firearm can be prosecuted,” the statement reads.

In the statement, the Office of the Area Commissioner takes issue with the report in the Zoutpansberger of 23 December last year, in which Mr Gideon Meiring of the Soutpansberg District Agricultural Union suggested that owners who do not want to keep their firearms should donate such firearms to TLU SA Veiligheid for training purposes. The Commissioner says such a statement “is irresponsible and may cause innocent people to be prosecuted.”

The Commissioner says the SAPS is making a huge effort by implementing special measures to ensure that the public receive the service they are entitled to with regards to the renewals of firearm licences.

“A vast number of firearm licences (renewals) and competency certificates have already been issued to firearm owners in the Limpopo Province. This office requests firearm licence holders to renew their firearm licences in the prescribed period to avoid possible prosecution. The firearm offices are well equipped and ready to process any firearm renewals and competency applications.

“If any person experiences a problem with service delivery at any of the Firearm Registration Centres, they can inform Supt Bez Bezuidenhout (015 963 8069 or 082 565 7955), Senior Superintendent Ronnie van Niekerk (015 963 8000 or 082 451 7554) or Capt Patrick Moedi (015 963 8044 or 072 443 0805.”

Reacting to the Commissioner’s criticism of the TLU SA’s request for the donation of unwanted firearms, Mr Meiring rejected what he termed yet another deliberate effort by the Area Commissioner to intimidate firearm owners with dubious and contradictory hog-wash.

“If the Area Commissioner feels himself free to threaten innocent people with prosecution, that is something he will have to explain to his superiors,” Mr Meiring said. He added that even the articles of the law quoted by the Area Commissioner specifically provide for donations and also indicate the procedure and documentation required for such a process.

“It is obvious that the TLU SA, well-known as a responsible, professional and law-abiding organization, would see to it that all offers of donations for its training program would be transparently dealt with in accordance with the requirements of the law and with the necessary documentation,” Mr Meiring said.

In the meantime, the cut-off date for persons whose birthdays fall between January and March to renew their licenses has been extended until March 30 this year.