SAPS
Attention:
Dear Sir/Madam
RE: RIGHTS OF SA CITIZENS
The high level and intensity of crime that citizens are being subjected to in South Africa refers. We are all aware of the unabated deaths of not only citizens but of police men and women on a daily occurrence. The police, who are also citizens, have been appointed with the provisions of the Law to Protect and Serve.
I grew up with a respect for any uniformed member of the armed services, who were respected for the very nature of their duty, which brings them into direct contact with the worst that crime has to offer.
Unfortunately the level of crime has escalated to a level where a handful of police can not be expected to contain or challange crime alone. If this was not the case then crime would be almost none existent – and South Africa would not be considered as one of the most dangerous countries with one of the highest crime rates in the world.
It is to this end that I wish to submit a reasoning that a by-law attempt to make citizens even more vulnerable and defenceless against criminals as well as make the police more susceptible to become victims as a small entity that has to face crime on it's own.
This by-law has also created a distance between citizens and the police by allowing the infringement of the public's rights as afforded by the Constitution, which has created another reason to distrust the intentions of police actions and their administration.
The specific Law I am referring to is the FCA Act 60 of 2000, which infringe / threaten the following Rights under the Constitution -
The “Right to Life” Chapter 2 Section 11
The inability of every law abiding citizen who chooses to, to obtain a firearm for self-defence within a reasonable period of time. A person obtains a firearm to defend himself, NOW – not months and years later since it may not matter any more by then.
Enforcing an expiry date on a license would imply that the individual’s 'Right to Life' also expires, which is ridiculous. Keep in mind that a firearm is internationally recognized as a suitable means of self-defence without which the 'Right to Life' cannot be protected. The expectancy is 'life long' and can not be limited by a license expiry date.
Expecting any individual to defend themself against criminals who are armed even with automatic assault rifles in some cases without a fire arm is ludicrous.
If the individual’s Right to Life, as the most basic right, is denied then they will ultimately not be bound by any other laws or rules.
Individuals will seek other means to defend themselves - even if it means illegal firearms – since failing to defend themselves could lead to their extinction.
If the individual's “Right to Life” is not recognised, how can it be expected of the individual not to resort to other illegal means of self defence, hence is forced to become a criminal in order to protect themself.
Right to “Property” Section 25
Depriving thousands of licensed firearm owners of their property and expecting them to accept this infringement.
If the right to property exists then the right to defend that property surely also exists, or this right would be meaningless.
The 'Right to Property' was never intended to be controlled or prescribed by the police. It is every individual's Right to decide which firearm and for what purpose he wants to obtain it, as it is with any other property the individual chooses to obtain.
Many more people are killed in vehicle accidents than with firearms, so how can a person have a drivers license but not aquire a firearm license. A firearm is a property like any other, and like many other properties requires a sense of responsibility.
The idea is to get rid of criminals and illegal firearms, so why beat the law abiding individual up who applies legally within his rights for a firearm license to obtain a firearm.
Right to “Privacy” Section 14
Announcing the ability to 'track and control' licensed firearms on TV by the police has breached the security and privacy of trusting citizens. There is however clearly no control over illegal firearms.
Apart from criminals not honouring the individual's privacy, it is made even worse if the police are now also allowed the right to demand the individual's firearm for what ever reason, seemingly on demand.
A police officer confiscating or taking a firearm without proper legal justification is in possession of an illegal firearm and it is also theft. A firearm is per se' a personal private possession and is not for exploitation at any police officer's will or private reasons.
Right to Just Administrative Action” Section 33
The delay in processing applications for months and years is unlawful and unconstitutional.
Considering that seemingly ~60% of rejected applications are overturned by the Appeal Board - this indicates wilful obstruction and/or incompetence by the police.
Rejecting applications on the grounds of “not supplying sufficient motivation of the need” is absurd and indicates a lack of understanding the criminal threat prevalent in SA. Perhaps explaining 'trying to stay alive when attacked' would clear the irrational 'motivation of need' up.
Rejecting applications on the grounds of “not supplying a reason for the specific firearm” makes no sense since the firearm has been legally imported for sale, as well as the individual's right to buy whichever firearm he wants for which ever reason he chooses. Self defence, sport shooting, hunting or collecting should be more than adequate.
Rejecting the application on the grounds of “not providing sufficient motivation of use” is absurd for the same reason as above.
The competency required is absurd since it will not prepare the average person for the possible situations they may encounter and has sadly become a money making racquet, especially since you will suddenly become incompetent overnight after exactly 5 years. It is the individual's own responsibility to achieve a level of competency and it is the individual's right to choose for how long he wants to own a firearm.
Varied validity dates of licenses for same firearms used for different purposes will render the individual unlicensed to use the firearm for self-defence (5 years) but licensed for occasional sport (10 years) ? Someone clearly did not put mind to matter here. A firearm license should be issued for life as stated before.
“Right to “Freedom and Security of the Person” Section 12
The wilful attack by criminals on any person infringes on this right since the defender has no choice but to react to the threat.
It further breaches security since criminals in police clothes impersonating police officers now have easy access to any individual's firearm(s). This may lead to either a threat to 'Right to Life' or 'Obstruction of the Law' in the case of a legit officer who is refused.
-volg-


Aanhaling
