Compensation Notice

[Crimefree]

GOVERNMENT NOTICE
DEPARTMENT OF POLICE No. 1071 10 November 2009
ESTABLISHMENT BY THE MINISTER OF POLICE OF GUIDELINES FOR COMPENSATION UNDER SECTION 137(5) OF THE FIREARMS CONTROL ACT, 2000 (ACT NO. 60

1 . 1, Emmanuel Nkosinathi Mthethwa, Minister of Police, hereby, with the approval of the Minister of Finance, establishes under section 137(5) of the Firearms Control Act, 2000 (Act No. 60 of 2000), the following guidelines for compensation of persons whose firearms have been surrendered or forfeited, other than those referred to in sections 134, 135 and 136 of the Act.

2. These guidelines are not applicable to firearms which have been voluntary surrendered for destruction to the South African Police Service in the period between 1 July 2004 and 30 June 2009-
(a) by the lawful owners of such firearms, in accordance with Regulation 94 of the Firearms Control Regulations, 2004; and
(b) by virtue of a choice made by the person involved to have the firearm destroyed and not to sell, donate or otherwise dispose of the firearm involved.

3. These guidelines shall apply to firearms referred to in section 149(3) of the Firearms Control Act, 2000. Notwithstanding paragraph 2 above, I hereby determine that if the Registrar decides that a particular firearm needs to be kept by the South African Police Service for forensic- and other training, research or heritage reasons; and will therefore not be destroyed, that the owner whose firearm was voluntarily surrendered for destruction must be compensated in accordance with these guidelines. In such a case the Registrar must notify the person concerned of the intention not to destroy the firearm and provide the person with the prescribed application form for compensation. Any application for compensation pursuant to a notification by the Registrar, as refer-red to in this paragraph, must be submitted to the Registrar within 30 working days from the date of notification by the Registrar,

4. 1 will appoint a Panel of at least three independent valuators. The Registrar must have the firearms in respect of applications where the applicant is not satisfied with the flat rate valuated by the Panel. Such applicant for compensation shall be entitled to compensation in accordance with the valuation determined by the Panel, subject to the unt of compensation determined in these guidelines for the relevant category of firearm. The costs incurred to obtain such valuation must be deducted from the compensation payable to the applicant.

5. Taking into account the -
(a) Financial constraints on the State and its ability to meet actual and anticipated claims for compensation; and
(b) interests of persons who have applied or may in future apply for compensation,

6. I hereby determine that the flat rate and the maximum amount of compensation paid in respect of a particular firearm may not exceed the following:
(a) In the case of a handgun (pistol or revolver) - R 600.00;
(b) in the case of a rifle (combination, single shot, semi-automatic/fully automatic); shotgun (combination, single shot, semi-automatic or automatic), or of any other firearm not mentioned above - Flat rate - R 1 200.00.

7. The maximum amount of compensation which may be paid in respect of any firearm, irrespective of an evaluation by the Panel, shall be the following:
(a) (b)
In the case of a handgun (pistol or revolver) - R 1 000.00;
in the case of a rifle (combination, single shot, semi-autornatict/fully automatic); shotgun (combination, single shot, semi-automatic or fully automatic), or of any other firearm not mentioned above - R 2 000.00.

8. In the case where compensation is to be paid, such payment must be effected from the allocated budget of the Department of Police.

9. The payment must be effected within 90 ( date of determination by the Registrar of the amount of compensation, or within the same period after an appeal has been upheld.
I approve of these guidelines.

P GORDHAN MINISTER OF FINANCE
30th day and signed on this 00 day of October 2009.

STAATSKOERANT, 10 NOVEMBER 2009 No. 32701 3

[Analyst]

Great, R600 in your back pocket. Would it be feasible to set up some kind of mass sale to the US for example? Apologies in advance if my brain is just fried.

[Sean Murphy]

They can take their pissy little amount and shove it up their arses. Do they really think that someone who has paid between R5000 and R10 000 for a firearm is going to be happy with less than R2000. I have a rifle that is worth at least R20 000 (The Iron sights alone are worth R6000)If these tossers think they are going to take it off me for R1200 they can think again.

Sean.

[gizmo16]

What a joke!

[Geoff Carter]

md217 Pathetic!

[ikor]

Seems to me that at the least this is an attempt to 'show' that the government is willing to give compensation...true enough at a pathetic level...but it would seem to put the onus back on the other side (our side) now to return to court and say the compensation offered is not nearly enough, etc. (?)

[andy_760901]

wow so i can be forced to hand in my Sako TRG, which is worth over R45K without the optics and mounts for not more then R2K, they can go FU*K themselves...

[Crimefree]

Hmm did nobody notice the bit that says guns handed in for destruction "voluntarily" will not be compensated?

That means government has neatly sidestepped the court ruling and is forcing gun owners to go back to court. Yet as far as I can see the judgement was based on the fact that "voluntary" handing in had to be compensated. And in case anybody is wondering there is no money in the kitty to take government or the SAPS to court because the majority of firearm owners do not think this is needed and will not donate money.

That amount of firearms represents at least 50% of what government would have to otherwise pay for.

I don't have a full transcript of the JASA/GOSA court ruling but SAHunt should have and will also hopefully be taking a very keen look at this notice. Because their case is about compensation only.

It still leaves the status of some 900,000 yes count the zeros, firearm owners who will on the day of SAHunts judgement become illegal firearm owners since a compensation case has nothing to do with this status.

I was also under the impression that this guideline would be subject to public input.... but since t is a notice under the FCA Act maybe not.

We have not even begun to feel the full sting of the FCA It seems the majority firearm owners still do not care enough to voice objection. As law-abiding citizens they will wake up one morning when the Minister declares their firearms undesirable and rush to hand them in voluntarily for destruction and receive no compensation.

Do note the "voluntary".

I also wonder how many more firearm related business and clubs will fold in the next year. Any of these who think a bounty awaits them are living in la la land. Actually most have been for some time and still think the bounty is coming and customers and members will flock to them in desperation.

And those thinking the SAPS and government would now play the game...... well they did, their game not ours.

[camouflage762]

Frogs are a boilin' !
md217

[shooter]

If they need to go to court again and they need money: post an account with details and I will make a contribution. Sure a lot of people will. This is an insult to gunowners.