Organisational structures

The National Commissioner is the Registrar of Firearms.

[S 123 commencement: 1 July 2003.]

(1) The Registrar must perform his or her functions in accordance with such directions as the Minister may issue.

(2) The Registrar must—

[S 124(2), words preceding (a), substituted by s 16 of Act 43 of 2003.]

(a) establish and maintain the Central Firearms Register;

(b) establish and control the Office of the Central Firearms Register;

(c) recover the fees payable in terms of this Act;

(d) develop a training curriculum for competency testing in terms of this Act;

(e) conduct research into firearms policies;

(f) monitor the implementation of this Act;

(g) conduct public education programmes concerning the provisions of this Act and all other matters relating to the safe possession and use of firearms; and

(h) designate police officials as Designated Firearms Officers.

[S 124(2)(h) commencement: 1 July 2003.]

(3) The Registrar may—

(a) conduct any investigation or enquiry which he or she deems necessary in order to exercise his or her powers or carry out his or her duties in terms of this Act; and

(b) make recommendations to the Minister on any matter relating to this Act.

[S124(3) commencement: 1 July 2003.]

[S 124 commencement: 1 July 2004 except s 124(2)(h) and (3): 1 July 2003.]

(1) The Central Firearms Register must contain—

(a) the central firearms database;

(b) the central dealers database;

(c) the central manufacturers database;

(d) the central gunsmiths database;

(e) the central importers and exporters database;

(f) the central Official Institutions database; and

(g) any other information required to be kept by the Registrar in terms of this Act.

[S 125(1)(g) commencement: 1 July 2003.]

(2) The central databases referred to in subsection (1) must contain—

(a) such information as may be prescribed concerning—

(i) competency certificates, licences, authorisations and permits, as well as renewals and cancellations thereof;

(ii) applications for competency certificates, licences, authorisations and permits and any renewal applications which have been refused in terms of this Act;

(iii) transfers of firearms effected in terms of this Act;

(iv) imports and exports of firearms and ammunition in terms of this Act;

(v) the transport of firearms and ammunition in terms of this Act; and

(vi) the loss, recovery, theft or destruction of firearms;

(b) all original documentation submitted in support of all applications made in terms of this Act;

(c) a record of all licensed dealers, manufacturers, gunsmiths, importers and exporters, transporters for reward, accredited institutions, organisations and all firearms and ammunition in their possession;

(d) a record of all firearms in the possession of Official Institutions;

(e) a record of the acquisition, transfer, loss, theft or destruction in respect of firearms in the possession of Official Institutions;

(f) a record of all firearms recovered, forfeited to the State or destroyed;

(g) the fingerprints which have been submitted for purposes of an application in terms of this Act; and

(h) any other documentation and information as may be prescribed.

[S 125 commencement: 1 July 2004, except s 125(1)(g): 1 July 2003.]

Any document containing information contemplated in section 125 and purporting to be a certificate signed by the Registrar is, upon production in a court by any person, prima facie evidence of the facts stated therein.

[S 126 commencement: 1 July 2004.]

(1) The Registrar must, with the approval of the Minister, designate a police official as Head of the Office of the Central Firearms Register.

(2) The Head of the Office of the Central Firearms Register—

(a) must manage the Office of the Central Firearms Register;

(b) must perform the duties assigned to him or her by the Registrar; and

(c) may exercise such powers as may be delegated to him or her by the Registrar.

[S 127 commencement: 1 July 2004.]

(1) An Appeal Board is hereby established.

(2) The Appeal Board consists of no more than five members who must be appointed by the Minister and who, when viewed collectively, must as far as possible be broadly representative of the population of the Republic.

[S 128 commencement: 1 July 2003.]

(1) The period and conditions of office, remuneration and allowances of the members of the Appeal Board are as prescribed by the Minister with the approval of the Minister of Finance.

(2)

(a) The Minister may at any time withdraw the appointment of a member of the Appeal Board if there is sufficient reason for doing so.

(b) A member may resign by notice in writing to the Minister.

[S 129 commencement: 1 July 2003.]

(1) The quorum for, the procedure at, and the holding of meetings of the Appeal Board are as prescribed.

(2) The Appeal Board may establish such committees consisting of members of the Appeal Board as may be prescribed to perform the duties assigned to them by the Appeal Board and to exercise such powers as may be delegated to them by the Appeal Board.

[S 130 commencement: 1 July 2003.]

The administrative work of the Appeal Board must be performed by such members of the South African Police Service as may be designated by the National Commissioner.

[S 131 commencement: 1 July 2003.]

(1) The Minister may establish such committees as may be appropriate to assist him or her, or any other person appointed in terms of this Act, in respect of any matter dealt with in this Act.

(2) The composition and functions of the committees may be determined by the Minister.

(3) The conditions of office, remuneration, allowances and other benefits of members of the committees may be prescribed by the Minister with the approval of the Minister of Finance.

[S 132 commencement: 1 July 2004.]

Uncommenced amendment