Toy gun or not, deputy mayor must still answer, say experts

UNDER-FIRE Bitou Municipality deputy mayor, Nokuzola Kolwapi ‘still broke the law’ when discharging what she now claims to be a toy gun during traditional celebrations welcoming the return of her son from a Xhosa initiation school.

This is according to firearm experts who also cast doubt on Kolwapi’s claim that the object she fired in the air was a “replica (toy-gun)”.

Martin Hood, a dedicated attorney at MJ Hood & Associates, specialises in matters of firearm law and is also a firearm instructor.

He said that Kolwapi's cultural argument holds no merit as “there is no culture that recognises waving a firearm around in public”, so her “relying on culture is absolute rubbish”.

“The Firearms Control Act classifies a replica of a firearm. In other words, in this instance, a toy gun (is perceived) as the same as a firearm depending on how it is used. For example, if you point a toy gun at somebody and they believe that it is in fact a real firearm, that's a criminal offence,” Hood said.

“There are possible criminal offences that could stem from an adult, and I want to stress an adult, because obviously a child with a toy gun is potentially quite different, but an adult waving around an object that looks like a firearm is completely unacceptable, and in public, even less acceptable.

“It was reckless, and it potentially constituted one or more possible criminal offences.”

Police have confirmed investigating complaints relating to the incident at the weekend.

Hood explained that the offences relate to the pointing of a firearm, as the law does not require a firearm to be specifically pointed at someone to be an offence.

“It can be an offence if it's just brandished in public with the intention of people believing it to be a firearm, and then (another offence) if she discharged that firearm, which could be discharging a firearm in a public place… There is absolutely no excuse to brandish anything that looks like a firearm in a public celebration in a public place. It's reckless, it's stupid, and it must be condemned,” Hood said.

Hood explained that if someone were to legally get a firearm, they would have to write a test on the law, which is a legal requirement.

He also cited the East London Magistrate’s Court case against EFF leader Julius Malema where “he was prosecuted to the fullest extent of the law, possibly because of political reasons, but the fact remains that he's a public figure”.

“The deputy mayor is a public figure. I want her to go through the same process that Julius Malema did. I don't want this to be swept under the carpet, and I don't want political influences to come into play, and for it to just be suddenly ignored.

“It is irresponsible, and it was behaviour where people could’ve believed it was a real firearm, and therefore, there are criminal offences that must be investigated, and she must be charged.”

Based on the video of the incident circulating on social media, Forensic Science Consultant and CEO of Wesco Forensic Services, Jannie van der Westhuizen said that he does not believe it was a replica as the object “looks legit”.

“She's discharging a semi-automatic pistol by the looks of it, it looks like Taurus semi-automatic pistol, and it's ejecting fired cartridge cases by pulling the trigger, and she's discharging the firearm, which I don't think is a toy, because toy firearms don't eject cartridges. And the way that she's handling the firearm means she obviously didn't get the necessary training.”

Cape Times