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Don't shoot... unless your life is in danger
Jeremy Michaels
June 22 2004 at 07:39AM

The government has issued a stern warning to "gun-toting cowboys": Don't shoot unless your life is threatened, or you will be prosecuted.

The police have also been instructed to use their weapons more carefully, but Safety and Security Minister Charles Nqakula on Monday vociferously defended the right of police officers to shoot to protect their lives.

Criminals were put on notice too - while the government is still considering amnesty for those in possession of illegal guns to hand them in, the police have orders to continue arresting people carrying unlawful weapons.

Unveiling an arsenal of stricter gun control laws, which come into effect on July 1, in Cape Town on Monday, Nqakula said the government was determined to protect lives by ensuring that both the public and police thought more carefully before using their weapons.

'Don't kill a person who is not presenting a danger to you'
"Don't kill a person who is not presenting a danger to you," Nqakula told the audience at V&A Waterfront's amphitheatre.

Even in cases where an intruder entered a house at night, the owner should issue a warning if it appeared that a robbery was in progress.

However, if the intruder appeared to pose a threat to the owner's life, shooting would be justified.

In the case of a robbery, Nqakula said: "You must say 'Stop what you are doing, I have a firearm in my hand!' If that person advances on you, and they want to harm you, then you can defend yourself by shooting."

Shooting without regard for the life of the intruder would be "committing a crime - you will be arrested and prosecuted".

Responding to a question from a member of the public about "trigger-happy police officer", Nqakula made clear that police officers would also have to respect life and limb.

"You cannot, as a police officer, use a firearm when somebody is running away. You cannot shoot them down and say they were running away."

However, police were under instruction to shoot when their lives or the lives of others were in danger.

"I have instructed the police to save themselves from possible harm by acting proactively when their lives are under threat, or the lives of other people are under threat," Nqakula said to applause from both the public and police.

The display of weapons in public places was another crucial issue which needed stamping out.

"There are some people who still want to be like the old cowboys of the wild west, where you have a firearm dangling from your holster on your hip and they come to malls such as these with their weapons on display."

Such individuals were presenting a danger to themselves and other shoppers since criminals often grabbed the weapons and then shot the owner, later using the weapons to commit further crimes, he said.

Nqakula said police were doing well with confiscations - citing the recovery of about 25 000 weapons and 5 000 prosecutions since April 2003 - and the government would make an announcement about amnesty "when the time is right".

Some of the major features of the new regulations are:



One gun per person - for self-defence. Farmers, however, could also apply to have a semi-automatic weapon.


Those applying for firearm licences will have to undergo competency training.


Firearm licences will only be valid for two to five years.


The age limit for applicants will rise from 16 to 21, with some exceptions.


Firearms must be carried in a concealed holster.

Questions about the new law can be directed to the South African Police Service at 012 353 6111 during office hours, or email: firearms@saps.org.za