Chapter 2

FIREARM-RELATED CRIME IN SOUTH AFRICA

In 1998, 175 742 new firearm licences were approved, bringing the existing pool of legal firearms to approximately 4.2 million firearms, owned by 3 527 035 registered firearm licence holders.5 Although this cannot be established definitively, the number of illegal firearms in circulation ranges from the official government estimate of 500 000 to those who conservatively estimate that, for every legal firearm in circulation in South Africa, there is one illegal firearm.6

The tables below provide a summary of the number of reported violent and firearm-related crimes in South Africa between 1994 and 1998. This is a useful barometer of the ratio of firearm-related to violent crimes in South Africa.

Murder

It is widely argued that murder is one of the most accurately reported crime types. Independent victim surveys provide rates similar to those released in police statistics.

Murder as a proportion of violent crime in South Africa remained relatively constant between 1995 and 1998, although the absolute number of murders decreased by 1 762 cases from 26 637 in 1995 to 24 875 in 1998. The stabilisation in murder rates provides a comparative base against which to examine the increased use of firearms as instruments of murder in South Africa.

Of the total murders committed annually, the proportion of murders committed with a firearm has shown a marked increase between 1995 and 1998. In 1995, 41.5% of all murders were committed with firearms, which increased to 49.3% in 1998. Other studies have shown that there are significant variations between one region of South Africa and another. The Medical Research Council showed that, at one of the largest hospitals in South Africa, Groote Schuur Hospital in Cape Town, the percentage of people killed with firearms increased from 48% in 1995/96 to 63% in 1998.7

The increase in the proportion of firearm murders can be interpreted as reflecting various factors. It shows that more criminals are arming themselves; access to firearms has become easier compared to previous years; and the criminals of today know that, in light of the backlog in the criminal justice system, there is an increased chance of escaping justice, or receiving a short sentence. These sentiments are reinforced by research undertaken to examine the nature of firearm-related crime in South Africa.

Attempted murder

Seen as a proportion of violent crime in South Africa, attempted murder has remained relatively stable from 1995 to 1998. The number of cases of attempted murder increased by 2 906 cases between 1995 and 1998, even though the number of attempted murders with a firearm has remained unchanged (at 22 035 in 1995 and 22 001 in 1998).

The fact that the proportion of attempted murders with a firearm has decreased in comparison to overall attempted murders should not be seen in isolation from the murder data, which shows an increase in the proportion of murder with firearms.

Robbery with aggravating circumstances

Robbery with aggravating circumstances includes crimes such as car-hijacking, hijacking of trucks, robbery of cash-in-transit and bank robberies. From these incidents, it is evident that firearms play a significant role in robbery with aggravating circumstances. It was found that, in 1995, 75.8% of all reported cases of robbery with aggravating circumstances were committed with a firearm. This increased to 78.7% in 1998, and a substantial decrease was evident between 1995 and 1996.

Transgressions of the Arms and Ammunitions Act

In South Africa, firearm and ammunition use and possession are regulated by the Arms and Ammunition Act (no 75 of 1969). This legislation is currently under review.

The negligent use of a firearm refers to the use of a firearm in an irresponsible manner, and against the regulations and laws governing the use of firearms in South Africa. In 1995, there were 2 895 incidents which increased to 3 384 in 1998. For example, the possession or use of a firearm while under the influence of alcohol is a crime considered to be part of this category.

Discharging a firearm in a built-up, or public place, or municipal area refers to the unlawful discharge of a firearm in such surroundings. In 1996, there were 2 791 incidents, increasing to 3 098 in 1998.

Pointing a firearm refers to the unlawful pointing of a firearm by one person at another. In this crime and the previous one, this action not only serves to intimidate, but also places another person at risk of injury through the use of such a firearm. It is interesting to note that, in 1996, there were 22 742 incidents of pointing of firearms, increasing to 25 375 in 1998 (representing a 10.4% increase). In addition, the transgression of pointing a firearm was as significant in absolute terms as the incidence of murder.

The entry of legal firearms into the illegal pool of weapons in South Africa occurs in many ways. Some legal firearms are particularly targeted by criminals as a source of weapons, and would be recorded as theft of firearm incidents (which increased from 9 085 in 1996 to 12 141 in 1997, and 11 391 in 1998). It has been found that almost half of all firearms lost by licenced owners and finding their way into the illegal firearm pool, are through negligent loss. In 1996, 4 729 incidents were reported, with an increase to 6 231 in 1998.

The illegal possession of firearms and ammunition is also a serious transgression of the Arms and Ammunition Act. This can apply to a number of different circumstances. It implies the possession of a firearm without the necessary licence or permit that authorises its possession. In 1998, there were 14 554 reported cases of the illegal possession of firearms and ammunition.

Limitations of information on crime trends in South Africa

It is widely recognised that crime statistics have limitations. These include, among others, the fact that police statistics often rely on people voluntarily reporting crime, and that the police sometimes do not record the crimes reported.8 In addition, the punitive action taken against people reporting crime, especially in terms of the negligent use of firearms, often discourages reporting. In the docket survey, it was found that crimes such as those in contravention of the Arms and Ammunition Act, were usually reported by the police or another concerned intervening third party, and not by the victim.

As cited by Louw,9 the reliability of police crime statistics is limited by the following technical problems:

The capturing system is too complex to be user-friendly without proper training. As a result, much of the data is inconsistent or incomplete.



The extent of the CAS database is overwhelming, since historical data is not archived.



Delays are experienced in obtaining statistics from non-computerised stations (which amount to less than a quarter of all stations).



Other problems include network downtime, faulty programmes and the inadequate validation of data when incorrect variables are entered.

Sources of human error include:

the lack of an information culture in the SAPS;



insufficient training (no curricula for, or national standard of training currently exists);



inadequate physical and human resources, as well as computer support at station level; and



a high turnover of skilled personnel.

The police data on firearm-related crime is hamstrung by the same limitations as other crime data. It was (and still is) not sufficiently detailed to provide information on the role of firearms in crimes, the relationship of the firearm to the victim and perpetrator, or how the presence of a firearm influenced the outcome of the incident. These primary research questions required answers that could inform government on the need for improved control measures over firearms.

There are problems with information on crime trends in South Africa that make it difficult to quantify the changing role of firearms in crime over the last few decades. According to Schönteich,10 the dramatic increases in statistics on crime levels in South Africa during 1994 appear to be linked to the reincorporation of the homelands and the independent territories into the rest of South Africa. Firstly, the crimes committed in these areas were captured by the SAPS in 1994 for the first time. Secondly, many police stations in the former homelands failed to provide adequate crime statistics for 1995 and 1996. For example, the 35% upsurge in robbery between 1993 and 1994 might be attributed to the exclusions of all crimes committed in the ten homelands, comprising a population of 17.8 million people.

Schönteich further argues that the levels of reported crime are stabilising, even decreasing, for certain crime categories in South Africa. Given this insight, the extent to which the national figures are accurate is still questionable, since these only reflect crime that is reported to the police. Many crimes go undetected and/or are never reported.

Most scholars in South Africa choose not to make deductions about crime trends in South Africa. Although crime trend information is available, the reliability of this information is questionable. The implication for the interpretation of South African crime statistics is that the more recent the data recorded, the more reliable the information. As a result, it is useful to look at firearm-related crime data for a more recent period only.