Top official suggests firearms act requirements ignored

Rapid-fire assault rifles in the hands of mentally unfit soldiers; problematic weapons storage; and no proper records of the movement of guns and ammunition.

This is part of an indictment served on the SA National Defence Force by one of its top officials.

A report compiled by SANDF head of legal services Major-General BS Mmono warns that Chief of the SANDF General Godfrey Nhlanhla Ngwenya could face criminal charges because of the army's shoddy weapons control.

He also expresses concern that the SANDF could be confronted with civil lawsuits from members of the public who have either been injured or killed by guns in the hands of unfit soldiers.

"It is fair to state that if the SANDF does not urgently engage with the South African Police Service and start implementing the (Firearms Control Act), Chief of the SANDF General Godfrey Nhlanhla Ngwenya, in his capacity as head of an official institution, as well as members, could be charged," Mmono wrote.

He also states that "current SANDF policy and procedure, control of firearms and ammunition, including transport, storage and repair, will have to be reviewed by relevant role-players to bring all the aforesaid disciplines in line with the Firearms Control Act".

However, when The Star last week asked police media director Phuti Setati if the Department of Defence complied with the Firearms Control Act, he categorically stated in a written response: "As one of the official institutions, the SANDF is complying with the relevant provisions of the act."

The picture painted by Mmono, in a 12-page brief delivered to the Military Council in April and leaked to The Star, is very different. Included in its revelations are the following:

nThe SANDF does not have any system in place by which it can immediately report thefts and losses of its arms and ammunition to the police.

nIt has no register for "the particulars of all firearms less than 20mm, including the details of every member allowed to be in possession of a firearm … and particulars regarding disposal, transfer, loss, theft, destruction of the aforesaid firearms".

nIt has no system in place to deal with SANDF members declared unfit to possess a firearm by a military court.

Asked to explain the apparent contradiction between Mmono's report and Setati's answer, Senior Superintendent Mohlabe Tlomatsana said the police needed to "follow up" with the SANDF before responding.

Mmono's brief revealed that the SANDF hoped to form a firearms control "national implementation team" with the police, and the intelligence and correctional services departments.

"This would provide the SANDF with an effective shield against prosecution (for Firearms Control Act violations)," Mmono stated, adding that the team would be a "nodal point" which the SANDF could "negotiate".

Mmono also expressed concern about shootings committed by mentally unstable SANDF members deemed fit to possess a firearm, which he stated could result in the "SANDF being subjected to civil claims".

Air Force sergeant Flippie Venter, who used his R-4 assault rifle to shoot his wife and children, was found to have murdered them while in a "wrong" state of mind.

Sentencing Venter to an effective 10-year sentence, Judge Nico Coetzee stated that Venter "had depression and suicidal intentions" when he shot his family.

It remains unclear if and how Venter was granted an SANDF permit to possess the rifle.

Meanwhile, The Star has uncovered at least half-a-dozen recent criminal cases involving stolen SANDF weapons - including the theft of over 500 weapons from an Mthata SANDF base.

Mthata Superintendent Mzukisi Fatyela this week confirmed that his station was investigating the theft of "more than 500 rifles and pistols" from an SANDF base.

With acknowledgements to Karyn Maughan and The Star.