Gun Laws Need A Look

Malawi is, every now and then, affected by the problem of gun violence.

No wonder, the country has been putting in place mechanisms for addressing issues such as manufacturing, marking and tracing of firearms and related materials; import and export of firearms and related materials; the handling of firearms in transit; civilian licensing, competency certificates and possession of firearms; control over State-owned firearms; ammunition control; firearm destruction; amnesty and voluntary surrender of small arms and light weapons, among other things.

The country has also been making efforts to address issues related to firearms, including the establishment of the National Focal Point on Small Arms and Light Weapons. At the regional level, the Malawi Police Service has been leveraging on regional solidarity by joining the Southern African Regional Police Chiefs Cooperation Organisation.

All these efforts are deliberate, and aimed at ensuring that the country is safe from gun-related violence, which includes armed robbery, suicide using licensed and even unlicensed firearms, unregulated arms and ammunition trade, and other things.

Fortunately for Malawi, other stakeholders outside the Malawi Police Service, Malawi Defence Force, Department of Immigration and Citizenship Services, Malawi Prison Service, among others, are taking interest in firearms related issues. The typical example is Peoples’ Federation for National Peace and Development and Magistrates and Judges Association in Malawi.

All these steps are necessary, as fighting gun violence is a multifaceted task.

This is especially important as, of late, the country has been in the news for bad reasons; the gunning down of innocent citizens by heartless people.

However, all the current efforts risk being in vain because the Firearms Act of 1967 is outdated. While other countries, notably South Africa, have put fire cracks in the category of firearms, Malawi does not know in which category to place them. Needless to say, the unregulated use of fire cracks can lead to security breakdown, as ill-intentioned people may use them to disguise the sound of guns while committing crimes.

Firearms have also evolved and advanced. Money has lost value, meaning that fees that were heavy in 1967 are now light.

We, therefore, join stakeholders who are calling for the amendment of the Firearms Act of 1967. Apart from being outdated, the Act is dangerous because some of its provisions tie the hands of the Judiciary. For instance, it gives the line minister power to deny an individual a permit to own a gun without giving any reason. To make matters worse, the law says the decision of the minister cannot be appealed in any court of law, be it magistrates’ courts, the High Court—even the High Court sitting as a Constitutional Court—the Supreme Court of Appeal and any international court.

Surely, it is high time the authorities reviewed such laws and put them in line with democratic principles.