Chapter 22

CONCLUSION

The primary function of the research reflected in this monograph was to provide insight into the role played by firearms in crime, in order to inform and support the formulation and revision of firearm legislation. More specifically, the aim was to establish whether there is a need to tighten existing firearm legislation. The extent to which the research achieved this objective is debatable. Clearly, the docket analysis provided a useful description of eleven crime types in which firearms played a dominant role. However, the utility of the information fell short of expectations. This was in part attributed to the lack of detailed information in the police dockets.

Comparing investigation levels in dockets from 1994 to 1998, a decline in the quality and thoroughness of investigations became evident, and the capturing of key information on case dockets and statements were often incomplete. The lack of thoroughness and the disappointing quality of investigations do not necessarily imply that detectives are not doing their work properly. These could also be attributed to the fact that the levels of experience among detectives have declined, as many experienced officers have left the SAPS.

Closed police dockets are a valuable source of information, among others, to determine crime patterns, predict future trends, profile offenders in crimes, profile victims and obtain other relevant information. However, the usefulness of police dockets hinges on the quality of the information contained in the dockets. Much valuable information is lost from police dockets due to the lack of proper care in completing the docket. The police need to prioritise the improved completion of dockets and, hence, would improve the usefulness of interpretations of factual information contained in case dockets.

In considering the involvement of firearms in crime, it was clear that handguns were the preferred weapons of both victims and offenders, in defending or taking either property or life. This suggests that national firearm legislation needs to look at methods to control, or reduce the availability of handguns for criminals. This means tightening legislation on the possession of handguns, limiting the number of handguns a person may possess, and compelling people to be responsible towards the firearms in their possession. They should understand and have clarity about the reason for obtaining a handgun.

From the docket analysis, it was found that a great degree of impunity was exhibited by criminals involved in firearm offences. Many cases did not make it to court, and among those cases which did make it to court, the penalties against offenders appeared light in comparison to the seriousness of the crime.

The formulation of firearm legislation in South Africa must extend to include both criminals using illegal firearms and the legal firearm owners. This will ensure that both criminals and legal firearm owners know when they are transgressing the law, and that they will face the maximum penalty if they do not adhere to the laws and regulations governing firearms. This implies that sentencing and fines for transgressing firearm laws and regulations must be a deterrent to criminals for possessing or using illegal firearms. It must also be an incentive to legal firearm owners to be responsible in having or using their firearms. Although the law directly governs legal firearm users, it also extends to illegal firearm possession.

From the docket analysis, it was clearly identified that more research is needed to broaden the understanding of the nature and dynamics of firearms involved in specific crime types, as well as the legitimate use of firearms in self-defence. Throughout this monograph, areas for further research were indicated. Some of the more interesting research questions on the role of firearms that need to be answered in South Africa, would include:

Why does the conviction rate appears so low in relatively straightforward prosecution cases, such as the possession of illegal firearms, and what are the dynamics informing this?



What proportion of firearms are used in crime in relation to overall weapons used?



What are the implications of where an injury occurred on the person, the tool causing the injury, or the cost of the injury?



How does the loss of a firearm through negligence compare to a similar loss of a firearm in robbery incidents?



How many legal firearms enter the illegal pool of firearms in South Africa, and what are the dynamics impacting on this?



What proportion of firearms that are lost or stolen from legal gun owners have been recovered, and what are the dynamics impacting on this?



What proportion of victims were able to retain their property through the use of a firearm, and what are the dynamics impacting on this?

Finally, one of the implications of drawing a random sample for this survey was that certain key firearm-related crimes were not of a sufficient quantity to be able to make any valid conclusions. However, the information collected did provide a qualitative glimpse into the nature of the crime described. The main crimes which warrant further research as a priority would include those crimes in contravention of the Arms and Ammunition Act such as:

discharging a firearm in a built-up or public place;

possession of illegal firearms;

possession or use of a firearm under the influence of alcohol;

negligent loss of a firearm;

domestic violence;

assault; and

theft of a firearm.

The limitations of a docket analysis should be addressed in the methodology and, perhaps in future, researchers should undertake interviews with victims of crime — as identified in the dockets — to complete pro forma questionnaires comprehensively with regard to the information absent from the docket. However, this would increase the cost of research and would be extremely time-consuming. Perhaps an adjustment of the expectations of what can be achieved by docket analysis could assist police detectives in building their experience and expertise in completing docket statements. In addition, when trying to address highly contentious issues (such as the role of firearms in self-defence), alternative qualitative methodologies should be employed to complement the docket analysis. The golden rule of research should always apply: that the methodology should be chosen to suit the research hypothesis, and not any other means.