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TRANSCRIPT
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OUTLINE
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… COMPOSITION OF THE SECTION: CENTRAL FIREARM REGISTER
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PURPOSE
Manage the CFR and perform duties as assigned by the Registrar.
Manage the Central Database in terms of Section 125 of the Firearms Control Act,(Act 60 of 2000).
Manage the administrative process in terms of the Firearms Control Act, (Act 60 of 2000).
Improve command and control measures within the CFR.
Ensure the proper assessment of performance within the CFR.
Prevent corruption.
Capacity building and career path within the Firearms Control Environment.
Design and develop a system that is user friendly.
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REGULATORY FRAME WORK
The management of firearms is governed by the following
legislations:
Firearms Control Act, 2000 (Act 60 of 2000)
Firearm Control Regulations, 2004
Amendment Firearm Control Act 2006 (Act 28 of 2006)
Amendment Firearm Control Regulations, 2006
Promotion of Administration of Justice Act, 2000 (Act 3 of 2000)
Access of Information Act, 2000 (Act 2 of 2000)
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ORGANOGRAM OF THE CFR
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PERSONNEL BREAKDOWN
RANK LEVEL TOTAL
BRIGADIER 13 1
COLONEL 12 5
LIEUTENANT COLONEL 10 8
MAJOR 10 8
CAPTAIN 8 16
LIEUTENANT 8 12
WARRANT OFFICER 7 3
SERGEANT 6 1
CHIEF ADMIN CLERKS 7 11
SENIOR ADMIN CLERKS 6 20
ADMIN CLERKS 5 163
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RESPONSIBILITIES OF CFR
Processing of duly completed firearm applications received from the FLASH Provincial Offices, inter alia including:
Update the application status on the EFRS,
Conduct quality checks on applications for correctness and completeness,
Determine if any additional information is required from the DFO or applicant
If the application is incomplete:
Update the application status on the EFRS and forward the relevant correspondence or the application form together with the supporting documentation to the relevant DFO
If the application is complete:
Forward the fingerprints (SAPS 91(b)) to the Criminal Record Centre (CRC)
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RESPONSIBILITIES OF THE CFR (cont)
After all outstanding reports, documents and correspondence have been
obtained the application is prepared for consideration.
If the application is approved:
• The licence will be printed at CFR or the relevant Provincial Office
• The CFR or relevant Provincial Office must forward the licence to the relevant Designated Firearm Officer (DFO).
• The DFO must hand over the licence to the applicant against a signature of the applicant in the SAPS 86 Registers.
If the application is refused:
• The refusal letter ( SAPS 301) will be printed at the CFR.
• The refusal letter must be date stamped, signed and forwarded to the applicant and to the relevant DFO.
• File all source documents
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CURRENT STATUS AND TURN AROUND OF APPOINTMENT
Due to the alleged corruption and maladminstrative cases against senior management of the CFR and personnel, Brigadier HL Matshene has been appointed Acting Section Head for the Central Firearm Register since the 22nd of July 2013.
A task Team to deal with imports/exports/temporary authorization permits has been established by the Divisional Commissioner: Visible Policing on the 15th of July 2013, whereby Colonels Kibido and Sikhakhane have been assigned additional task to manage the Task Team under command of Brigadier Matshene.
There is a shortage of personnel especially on salary level 12 for the Section Commanders for the Regions: Limpopo/Mpumalanga and Gauteng North and a shortage of salary level 10`s as approving/deciding officers across the six (6) Regions
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CURRENT STATUS AND TURN AROUND OF APPOINTMENT (cont)
The above are identified as critical posts that need to be filled, however the posts on salary level 10 were not addressed as per the recent Fixed Establishment.
Due to the workload and the responsibility of finalizing all new received applications within a period of ninety (90) working days, three (3) Lieutenant Colonels, namely Lt Col Semono, Lt Col Morkel and Lt Col Mpungose are appointed as Acting Section Commanders for the Gauteng North and Limpopo/Mpumalanga Regions, rotating to address the shortcoming and improve service delivery.
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OUTSTANDING APPLICATIONS AT CFR AND PROVINCES AS ON 11 AUGUST 2014
CATEGORIES CFR PROVINCE
Competency 13 770 14 555
Individuals 8 349 9 733
Institutions 1 352 2 518
Renewal Individuals 18 126
Renewal Institutions 481
Temporary Authorisation 151 634
Export/Import Individuals 1 320 1 270
Export/Import Institutions 139 264
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CHALLENGES
The following challenges are experienced by the CFR and the
Section: Firearm Compliance in the management of firearms, listed as follows:
Litigation cases against the CFR and Appeals Board Space facilities Policy issues Processes Human capital Physical resources; and IT Equipment
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SPACE FACILITIES
Lack of office space and storage facilities resulting in insufficient storage space facilities and limited human resources capacity to manage the large volume of files must be created and filed properly.
The current warehouse facilities are not suitable for achieving purposes, the premises are not maintained regularly resulting in the accumulation of dust and grime.
Large volumes of paperwork generated from firearm licences applications, competency certificates, accreditations and permits are not properly filed.
The Active Registry and Archives is on separate premises with CFR, thus hampering effective work flow.
There are problems with the retrieval of old files and documents for the appeal process due to backlog on filing.
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POLICY ISSUES
Alignment of the competency with the licence
Time frame for issuing of firearm licences (90 working days)
Section 21 of the FCA does not specify the validity period of the temporary authorization ( no provision to extend the period of the authorization)
Review proficiency training certificates with regard to the unit standard 119650 for self loading rifle/carbine (HMC) and unit standard 119651 for Manual operated rifle/carbine
Imposing and implementation of administrative fines for late submission of firearm licence renewals
Finalization of the transitional period for renewals of firearm license in terms of the Arms and Ammunition Act, 1969 (Act 75 of 1969) (old green card licenses)
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PROCESSES
DFO`s unable to capture the Government Department 29 and/or 25
Delay in forwarding applications to the relevant Provincial Offices/CFR
Difficulties in scheduling safe inspections and interviews With applicants, next of kin, as applicants are not Readily available/accessible and difficult to contact.
Unavailability of DFO`s due to sickness, leave and transfers
Improper physical inspections at Gun Dealers
Dealers selling firearms more than once
Dealers failing to renew their licences
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PROCESSES Cont….
Provinces failing to conduct quality checks, (statuses on awaiting payment, sent to CFR)
Failing of DFO`s to conduct Section 102 investigations
Failure by the Detectives to close dockets
Failure of Detectives to ensure that lost/found firearms are circulate within a specified time
Failure of Detectives to submit identity numbers for suspects/accused persons for the purpose of declaration of unfitness must be created and filed properly.
Port of Entries failure to submit monthly returns pertaining to import/export permits
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Dealers failure to submit monthly returns pertaining to import/export permits to update ownership on the system
Holders of transporters permits failure to notify the Registrar of the reason why firearms were not transported.
Dealers failing to submit the SAPS 350 (a) or SAPS 534 on time
PROCESSES Cont….
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o Lack of DFO training
o Inconsistence/multi tasking of DFO`s
o Improper control of firearms handed in at the police stations
o Shortage of resources (human/physical and logistical)
o Lack of personnel, e.g insufficient Lieutenant Colonels Within the respective regions (delegation of authority to be extended to Majors for approval of applications).
HUMAN CAPITAL
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o Shortage of personnel to conduct compliance inspections at Dealers/Gunsmith and Manufacturers
o Lack of resources, e.g computers, printers, fax machines, vehicles and stationery such as, photocopying papers, toners
PHYSICAL RESOURCES
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The registration system is not used optimally in that when there is a renewal the registry staff cannot locate the documents on the system because they were not registered on approval.
IT EQUIPMENT
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Ineffective support and requirement structure within the Component FLASH.
Obtain building for the Component FLASH and subsection Registry and Archive
Electronic filing be utilized to prevent large volume of paperwork generated from firearm licence application, etc.
Database be established for temporary import/export permits
Upgrade SAPS Network to enable productive use of the EFRS especially at police station level, enable the SMS facility already available on EFRS to inform applicants to collect their firearm licensing cards in addition to letters that are sent out to applicants to collect their cards.
Component FLASH to be declared an accounting office.
Development and implementation of a National Instruction on the management of deceased firearms, accredited Institutions, Section 102 (members/applicants declared unfit to carry a firearm).
IT RECOMMENDATIONS
Ends