Authored By: Olerato Mokakale
North West University
Introductions
According to Gun Free South Africa, “about 31 to 34 people are shot to death daily” in South Africa.[1] It also highlights that “there has been an increase of 35% to people who are shot to death when being compared to previous decades”. On June 30, 2026, three suspects were arrested for using licensed firearms which were seized during the arrest to shot two people and a 17 years’ old who were passing during a protest in Johannesburg South Africa.[2] All these incidents are happening as a result of civilians being allowed to have firearms legally. The South African law gave platform for its citizens to have and use firearms however, the law did not provide precautionary measures to such a provision.
The Firearms Control Act 60 of 2000 has multiple purposes which include, “the improvement of constitutional right to life and bodily integrity, prevention of illegal possession of firearms, removal of illegal possession of firearms, improvement of laws regulating the legal possession of firearms and to prevent crimes where firearms are used”.[3] With reference to the Firearms Control Act 60 of 2000, citizens of South Africa have access to legal possession of firearms. The number of people being killed by guns has increased and is increasing. There is a lack of firearm management as argued by Advocates.[4]
This article argues that the increase in number of people killed by firearms or increase in shootings is because of uncontrolled access to firearms. This article proceed as follows, part II analyses the current law with regards to firearms, part III analyses the limitation of sections 13-16 of the Firearms Control Act 60 of 2000, part IV analyses comparative perspectives and part V will provide the legislatives amends and recommendations.
The current legal framework
The Firearms Control Act 60 of 2000 which its purpose is to ensure there is no illegal possession of firearms. Section 3 highlights “the prohibition of a firearm unless there is a license to having one”.[5] Section 13 regulates the “license for possession of a firearm with self-defense as a reason to natural persons”.[6] Section 13(1) further outlines the “type of firearms that are regulated under section 13 which are short guns, either semi-automatic or not fully automatic”.[7] Section 14 regulates the “license for possession of a firearm which is restricted for self-defense”.[8] With section 14, the reason for self-defense is different from the one on section 13 of the Act. Section 15 regulates the “license for possession of a firearm for occupational hunting or sports hunting”.[9] Occasional hunting and sports hunting means “it is an activity that is not done regularly as there is no formal association”.[10] Section 16 regulates the “license of possession of a firearm for dedicated hunting and sports-hunting”.[11] Dedicated hunting and sports-hunting means “there is a regular participation to the activity”.[12] Fidelis Security Services (Pty)Ltd v Minister of Police and others (1349/2019) [2021] state that “owning a firearm is not a right under South African law but rather a privilege that is governed by the law”.[13]
III. The limitation of the law
The Constitution of the Republic of South Africa is the supreme law of the country which consists of the rights of its citizens that may not be infringed upon. According to section 11 of the Constitution of the Republic of South Africa, “every individual has a right to life”.[14] Section 12(1)(c) states that “every individual have a right to freedom and do be awarded security which include, not being exposed to any violence from either private or public sources”.[15]
Section 36 also known as the limitation clause is used in cases where there is an infringement to a right in the Bill of Rights. It states that “there may be a limitation of a right in the bill of rights only in terms of law of general application if it satisfied that the limitation is reasonable and justifiable also taking into account human dignity, equality and freedom”. [16]Section 13 alongside section 14, 15 and 16 infringe section 11 and section 12(1)(c) of the Constitution of the Republic of South Africa. Both the provisions in Section 13 and Section 14 infringe people’s rights to life and to not be exposed to violence by providing licenses to firearms with the justification of self-defense. In S v Mthethwa Sipho (SS64/2022) [2024] ZAGPJHC, “at a car wash the accused shot people for not removing their motor vehicles”.[17] The factual context of S v Walters and Another 2002 (1) SACR 105 (CC) is that “a father and son used a hunting firearms to shoot a fleeing individual which lead to a murder charge”.[18] Hunting firearms are not used for their purpose which infringes section 11 and section12(1)(c) of the Constitution of the Republic of South Africa. The limitations of Sections 13, 14, 15 and 16 to ensure that the constitutional rights to life and bodily integrity are protected.
Comparative perspectives
“The UK has strict, yet clear and unambiguous law with regards to firearms”. In the UK, “there is access to use of firearms, however that use is strictly monitored under the strict conditions of the UK system”.[19] “Civilians are allowed to use firearms but only for hunting and sport-shooting”.[20] UK law does not allow any civilians to use a firearm as a self-defense technique. “UK law provides provisions for the types of firearms that are legally accepted, how those guns may be used, and the requirements and restrictions or conditions that come with the legal possession of a gun”.
The Firearm Regulation of November 2009 of North Korea “strictly forbids possession to a firearm by people and businesses”.[21] It explicitly states that “people within the law enforcement have legal possession to firearms”. These people include police officers and military and security companies. Article 4 states that “no individual or person may be in possession of a firearm as it is considered a crime”.[22] No trading, manufacturing, selling or repairing of firearms id allowed as well.
China law allows only law officials to be in possession of firearms. [23]It prohibits any possession of firearms or the manufacturing and selling of firearms by individuals or organisations. The purpose to this, is to prevent the use of firearms in criminal activities.
Recommendation
Countries like China strictly prohibit the use of firearms by civilians with aims to protect the public from any form of violence. South Africa is currently facing an increase in the number of murders and number of firearm use by civilians. This continues to make South Africa an unsafe country for its citizens. The issue is uncontrolled access to firearms. Unfortunately, the rules and laws in the Firearms Control Act 60 of 2000 are not doing the citizens of South Africa any justice.
Firstly, South Africa should ban the use and possession of firearms by civilians regardless of the reasons. Looking into it, self-defense as a reason to have a firearm is not sufficient. There are many ways in which one can defend themselves. If the country bans the possession of firearms by civilians, there won’t even be a reason for people to need firearms to defend themselves. There will also be less firearms in the streets which leads to the enjoyment of the citizens’ right to a free a non-violent country. “The China’s firearm killings have decreased rapidly”. Let’s not use danger to protect ourselves rather, let’s remove danger to protect ourselves.
Secondly, the enhancement of firearm possession laws. The Firearms Control Act 60 of 2000 does not restrict the use of firearms to the extent that the safe of the citizens is prioritized. The Firearms Control Act 60 of 2000 should be amended to exclude the possession of firearms with self-defense being a valid reason. The use and possession of firearms should strictly be for hunting. The safety of those firearms is very crucial, hunting firearms should not be stored in the households rather, there should be a storage where these hunting firearms are stored. This would be to ensure that the firearms are used strictly for hunting and nothing else.
Thirdly, the initial purpose of firearms was for military, not for self-defense or hunting. Military used firearms for war, to protect its people. The initial purpose of firearms should be honored. This may be done by restricting use and possession of firearms to law officials only. This action will be done with various conditions too. It should be strictly stated that law official should only use firearms to protect themselves and those in danger. Lack of order and control will always result in destruction.
Conclusion
The right to life along with the right to bodily integrity read together with the international laws which include the laws of China, UK and North Korea support the restriction of firearms to law officials only. The banning of access to firearms by civilians does not only protect the republic, it also aligns with the laws and rights in the Constitution of the Republic of South Africa. Section 13 of the Firearms Control Act 60 of 2000 provides permission to civilians to have and use firearms for self-defense purposes. Section 13 provides a platform for violence which must be limited in terms of section 36 of the Constitution of the Republic of South Africa. The facts in the case of S v Mthethwa Sipho (SS64/2022) [2024] ZAGPJHC prove that the provision under section 13 of the Firearms Control Act 60 of 2000 does contribute to the violence and killings in the country. Therefore, removing the sections 13-16 of the Firearms Control Act 60 of 2000 and restricting the use of firearms to law officials only would ensure the right to a violence free country is practiced and that everyone would be safe and protected.
Reference(S):
Constitution
Constitution of the Republic of South Africa, 1996
Cases
S v Mthethwa Sipho (SS64/2022) [2024] ZAGPJHC
S v Walters and Another 2002 (1) SACR 105 (CC)
Fidelis Security Services (Pty)Ltd v Minister of Police and others (1349/2019) [2021]
Legislation
Firearms Control Act 60 of 2000
Internet sources
LegalClarity Team, Countries that banned guns: Laws and travel restrictions (May 26, 2026), https://legalclarity.org/countries-that-banned-guns-laws-and-travel-restriction.
Llewellyn Williams, Gun-related murders rise sharply in South Africa as daily shootings reach alarming levels (Jan. 30, 2026), https://newz.africa/2026/01/30/south-africa-gun-murder-stats-rise.
SABC News, Two shot and injured during protest in Hillbrow (Jun. 30, 2026, 7:16pm), https://tinyurl.com/46arsf6s.
[1] Llewellyn Williams, Gun-related murders rise sharply in South Africa as daily shootings reach alarming levels (Jan. 30, 2026), https://newz.africa/2026/01/30/south-africa-gun-murder-stats-rise.
[2] SABC News, Two shot and injured during protest in Hillbrow (Jun. 30, 2026, 7:16pm), https://tinyurl.com/46arsf6s.
[3] The Firearms Conduct Act 60 of 2000, Chapter 1(2).
[4] Llewellyn Williams, Gun-related murders rise sharply in South Africa as daily shootings reach alarming levels (Jan. 30, 2026), https://newz.africa/2026/01/30/south-africa-gun-murder-stats-rise.
[5] Firearms Control Act 60 of 2000, §3.
[6] Firearms Control Act 60 of 2000, §13.
[7] Firearms Control Act 60 of 2000, §13(1).
[8] Firearms Control Act 60 of 2000, §14.
[9] Firearms Control Act 60 of 2000, §15.
[10] Firearms Control Act 60 of 2000, Chapter 1(1).
[11] Firearms Control Act 60 of 2000, §16.
[12] Firearms Control Act 60 of 2000, Chapter 1(1).
[13] Fidelis Security Services (Pty)Ltd v Minister of Police and others (1349/2019) [2021].
[14] Constitution of the Republic of South Africa, 1996.
[15] Constitution of the Republic of South Africa, 1996.
[16] Constitution of the Republic of South Africa, 1996.
[17] S v Mthethwa Sipho (SS64/2022) [2024] ZAGPJHC.
[18] S v Walters and Another 2002 (1) SACR 105 (CC).
[19] LegalClarity Team, Countries that banned guns: Laws and travel restrictions (May 26, 2026), https://legalclarity.org/countries-that-banned-guns-laws-and-travel-restriction.
[20] LegalClarity Team, Countries that banned guns: Laws and travel restrictions (May 26, 2026), https://legalclarity.org/countries-that-banned-guns-laws-and-travel-restriction.
[21] LegalClarity Team, Countries that banned guns: Laws and travel restrictions (May 26, 2026), https://legalclarity.org/countries-that-banned-guns-laws-and-travel-restriction.
[22] LegalClarity Team, Countries that banned guns: Laws and travel restrictions (May 26, 2026), https://legalclarity.org/countries-that-banned-guns-laws-and-travel-restriction.
[23] LegalClarity Team, Countries that banned guns: Laws and travel restrictions (May 26, 2026), https://legalclarity.org/countries-that-banned-guns-laws-and-travel-restriction.
