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DRAFT GUIDELINES FOR
THE PROTECTION OF ARMS AND ARMAMENTS IN TERMS OF THE NATONAL HERITAGE
RESOURCES ACT
One of the purposes of the National Heritage Resources Act, No 25 of
1999, is to monitor and regulate the preservation of heritage objects in
South Africa, including arms and armaments that are of significance in
the context of our national heritage. Rarity or age alone are not the
only determining factors of ‘heritage value’. The Act protects those
arms and armaments that are of such significance that they form part of
the national estate and may not be exported, destroyed or damaged
without the sanction of a permit from the South African Heritage
Resources Agency. This is also reflected in the Firearms Control Act
Regulation 104(5) which reads:
“No person (including a person acting on behalf of- ) the State may
destroy a firearm without
the prior written
permission of the Registrar. The Registrar shall only consent to the
destruction of a firearm
(after having taken
due regard to), and (in) compliance with, the provisions of the National
Heritage Resources Act, 1999 (Act No. 25 of 1999) as imposed
by the South African Heritage Resources
Agency or their
nominated agents”.
Although the
National Heritage Resources Act refers to "military objects"(S32) and
"weapons" (Government Gazette No 1512, 6 December 2003), these
guidelines will refer to "arms and armaments" as being a more
appropriate and inclusive term. It includes objects within the ambit of
the Act that otherwise might not be considered to be of heritage value.
Arms and armaments include firearms, edged weapons, traditional weapons,
ordnance (including cannons), ammunition and other explosive devices.
Reference should be made to section 32,1(c), (e), (f) and (g) of
National Heritage Resources Act, No. 25 of 1999. See also the list of
types of heritage objects which are protected by the NHRA and are
described in Government Gazette No. 1512, dated 6 December 2003.
The following are proposed guidelines for items that may be further
considered as heritage objects, and need to be evaluated as such. These
include but are not limited to:
1. Arms and armaments known to have been used in wars, battles and
conflicts within the borders of South Africa and also in any
neighbouring or foreign country where such arms and armaments were used
by, or against, South Africans.
2. Arms and armaments that belonged to well-known leaders or, historical
figures (including hunters).
3. Arms and armaments bearing inscriptions proving importation by South
African gunsmiths and dealers, and all firearms built or assembled in
part or in total in South Africa.
These three
criteria can be further elaborated or expanded in the South African
context of the attributes described in Regulation 15(b) and 19(c) of the
FCA of 2000 viz
(i) that its production has been
discontinued for at least 10 years with the real likelihood of it
becoming of heritage value from a South African historic, technological,
scientific, heritage, educational, cultural or artistic perspective;
(ii) its
proven or generally accepted association with famous or infamous South
African people or events;
(iii) historical interest in its
unusual or unique design, materials or method of manufacture;
(iv) that it is a prototype or
experimental pattern that contributed significantly to the development
or use of firearms in South Africa;
In order to ensure
compliance with the NHRA(1999) and the FCA (2000) it is therefore
imperative that all firearms which conceivably may fall within the
description of a Heritage Object as outlined above , must be inspected
by SAHRA Officials , or such designated experts acting as SAHRA Agents
in terms of the Act, as SAHRA may deem necessary, before the firearms
are damaged, destroyed or otherwise disposed of .
A
MESSAGE FROM THE SOUTH AFRICAN HERITAGE RESOURCES AGENCY
We all know that there are too many guns in
South Africa, but do you know that some of them are actually protected
by Acts of Parliament? These are the National Heritage Resources Act,
No. 25 of 1999 (s32) and the Firearms Control Act Regulation 104(5) of
2000. In terms of these Acts no firearm may be officially destroyed
unless its destruction is sanctioned by the South African Heritage
Resources Agency (SAHRA). Please consider the following:
1. If
there are 30 or more firearms at your police station intended for
destruction, please complete sign and post one of the pre-printed cards
issued by SAHRA and we will arrange for a heritage inspector to visit
you and assess the heritage value of these firearms. When these have
been assessed by SAHRA, the Superintendent at the central point must be
informed that these have been assessed.
2. If
there are less than 30 firearms intended for destruction, they may be
sent to the central point for destruction and the Superintendent at the
central point must be informed that these firearms must still be
assessed by SAHRA.
3. An
agreement will be entered into with the Superintendent at the central
point of destruction to ensure that SAHRA assesses the heritage value of
firearms.
4. The
firearms identified by SAHRA’s heritage inspectors as being heritage
value should be sent to the point at which police auctions are held,
where these could be auctioned to bona fide collectors.
Thank you for your co-operation.
Heritage Objects Officer
South African Heritage Resources Agency
P.O. Box 4637
CAPE TOWN
8000
021 462 4502 (t)
021 462 4509 (f)
risaacs@sahra.org.za
THE CARD
Obverse (pre-paid stamp)
To: The
Heritage Objects Officer
South African Heritage Resources Agency
P.O. Box 4637
CAPE TOWN
8000
Reverse
(Name of place where weapons are located for assessment)
Street address …….
Postal Code …….
Date ………………
Tel no.
Dear
Sir/Madam
I wish to advise that firearms have been handed in for destruction
scheduled to take place on ….. The firearms at our police station/
central point for destruction will be made available for inspection by
SAHRA on ….(date). Please confirm by …… whether a heritage inspector
will be available on the scheduled date.
Name of
policeman/superintendent
Signature
Updated October 2004 |