Firearm Amnesties: a Means to Reduce Violent Crime in South Africa?
On 11 January this year, the Minister of Police, Nathi Mthethwa formally announced the launch of a firearm amnesty, which will be in place until 11 April 2010. The main aim of the amnesty process is to encourage those individuals that possess illegal firearms and ammunition to surrender such items to the South African Police Service (SAPS). However, the extent to which this amnesty process will significantly reduce firearm-related crime and violence in South Africa remains a moot point.
Guy Lamb,
Senior Research Fellow, Arms Management Programme
On 11 January this year, the Minister of Police, Nathi Mthethwa
formally announced the launch of a firearm amnesty, which will be in
place until 11 April 2010. The main aim of the amnesty process is to
encourage those individuals that possess illegal firearms and
ammunition to surrender such items to the South African Police Service
(SAPS). However, the extent to which this amnesty process will
significantly reduce firearm-related crime and violence in South Africa
remains a moot point.
Firearm amnesties have been implemented in numerous countries
including Angola, Australia, Brazil, Liberia, Sierra Leone, the Solomon
Islands and even the US. In some contexts complete or “blanket” amnesty
from criminal prosecution was provided to those individuals that
surrendered firearms and ammunition. In other contexts, only limited
amnesty was granted, such as in relation to the crime of illegal
possession of firearms and ammunition. Some amnesty processes have also
been incentivised with those individuals that surrender firearms
receiving cash or goods (such as bicycles and farming equipment) in
exchange for firearms and ammunition. Cash-based incentive processes
however have largely become discredited as they have the potential to
encourage a brisker illicit trade in firearms.
Evidence linking firearms amnesties to reductions in violent crime
is scarce, largely because there are numerous variables and context
specific factors that contribute to the occurrence and non-occurrence
of crime. For example, in 2005 a six month firearm amnesty was
implemented throughout South Africa by the SAPS in which approximately
100,000 firearms were collected. Since 2006 there has been a noticeable
reduction in recorded firearm-related deaths in South Africa, but this
downward trend began in 2001 and has also been linked to other violence
reduction processes initiated by the government and civil society
groups. There is a strong possibility that 2005 amnesty process had a
positive impact on reducing firearm deaths, but to date this
relationship is very difficult to prove. However, the key impact of
firearm amnesties is that they can bring about a major reduction in the
number of firearms that can potentially be used to commit crime.
In the case of the current firearm amnesty in South Africa, those
persons that surrender illegal firearms and ammunition to the SAPS will
not be prosecuted for unlawful possession of those firearms and/or
ammunition. Nonetheless, in order to be considered for amnesty, those
individuals in question are required to complete an application form in
which they provide the SAPS with their name, identification number,
residential address and details of the firearm and ammunition. No
immunity for other firearm-related crimes will be provided. For
example, if a surrendered firearm is linked to a murder (by means of
ballistic testing) then the individual who surrendered the firearm may
be charged with murder by the SAPS. Hence, it is unlikely that
substantial number of firearms that have been used to commitment crimes
such as murder, assault and robbery will be surrendered the police.
However, the amnesty process may encourage a significant number of
persons who have inherited or acquired firearms that are no longer
licensed and that they not longer wish to retain (and hence may be
vulnerable to theft) to hand-in these firearms to the police.
This amnesty process, by implication, also appears to have a
secondary objective, namely to provide a relicensing opportunity to
those firearm owners that missed the compulsory deadline of 30 June
2009 to renew their firearm licences. Those individuals that possess
unlicensed firearms (in terms of the Firearms Control Act) have the
option of applying for licences for those firearms that they surrender
to the SAPS. However, such individuals are required to meet stringent
competency criteria, which are outlined in the South African Firearms
Control Act.
