Western Cape police has labelled City of Cape Town figures, which suggest a low 5% conviction rate for the possession of illegal firearms, as ‘’inaccurate and misleading.’’
These figures have been linked to the 1 670 firearms confiscated by the City’s law enforcement from January 2021 to January 2025.
In a statement dated 22 May 2025, the City said its policing operations are removing over 400 illegal guns from the streets every year, but that a broken criminal justice system secured convictions in just 5% of these cases, which comes to 81 convictions out of the 1,670 firearms seized.
The SAPS says their detectives have consistently achieved
high conviction rates:
·
2021/2022 Financial year: 86% conviction rate
·
2022/2023 Financial year: 86% conviction rate
·
2023/2024: Financial year: 89% conviction rate
‘’These results reflect the dedicated efforts of the
investigators, prosecutors, and the broader criminal justice system to hold
offenders accountable and enhance public safety and are the rates for all
firearms confiscated by SAPS and other law enforcement agencies. Our mission
remains to foster safer communities across the Western Cape. Misinformation,
especially when it undermines public confidence in policing and the justice
system, can generate unwarranted fear and mistrust. It is therefore essential
that accurate and verified data be shared responsibly to support, rather than
hinder, our collective efforts in fighting crime,’’ said Colonel Andrè Traut,
Western Cape police spokesperson.
WC SAPS says firearm-related crime remains a top priority
for SAPS in the Western Cape, where firearms are frequently used to commit
serious and violent offences.
“In response, SAPS members are relentlessly pursuing armed
criminals, aiming not only to remove illegal firearms from our communities but
also to ensure the successful prosecution of those found in possession of
them.”
Cape Town Mayor Geordin Hill-Lewis has hit back at WC SAPS
saying the vast majority of illegal firearm cases never make it to trial.
‘’Claimed conviction rates of 80-90% are misleading due to
how many cases never go to trial. Our experience is that despite City policing
operations removing over 400 illegal guns from the streets every year, the vast
majority of these cases do not go to trial due to our broken criminal justice
system, which secured convictions in just 5% of the 1 670 cases of illegal guns
seized by City officers over four years. This is mainly due to a lack of SAPS
resources for investigations, with around 70% of cases not proceeding due to
incomplete investigations, outstanding ballistic and DNA reports, or
insufficient evidence gathered.’’
‘’We stand ready to
help gain more convictions for the sake of long-suffering communities where the
poorest and most vulnerable are hardest hit by violent crime. As it stands,
municipal officers have the power to arrest and seize firearms, but have not
yet been given criminal investigative powers to build case dockets for
successful prosecution - powers which the Police Minister can immediately
devolve to our well-trained officers by way of regulations under the SAPS Act.
We will soon submit draft regulations to the national Minister for
consideration, and have already workshopped these with SAPS and other stakeholders
at a regional level,’’ added Mayor Hill-Lewis.
Mayoral Committee Member for Safety and Security, JP Smith,
said City case-tracking data shows that low conviction rates are largely due to
the lack of detectives and investigative capacity within SAPS, outstanding
ballistics and DNA reports, and slow court and prosecution processes.
‘’It is important to understand how a conviction rate is
calculated not to cause the public to misunderstand the issue. There is a
difference between a conviction rate that measures the success of a number of limited
cases that go to court, compared to the overall amount of arrests resulting in
convictions. The two are vastly
different.’’
‘’Each of our cases were tracked through the local courts
as our teams diligently recorded the outcomes on each matter. The 5% conviction
rate was calculated and derived from the number of arrests we recorded. When
looking at the statistics presented by SAPS, it is clear that a fundamental
component of their calculation is absent: they have not indicated exactly how
many of the cases actually went to court. It is feasible to get a conviction
rate between 80% and 90% when you are only measuring the portion of the cases
that make it to court,’’ he added,
Smith explained when a firearm arrest is executed by City
enforcement officers, the firearm and docket is handed over to Saps detectives
who are mandated to see these matters through court.
‘’The City of Cape Town is committing to assisting Saps to
address the gun violence. We believe that our track record has shown that
despite the limited resources and policing powers we have made a massive impact
in the fight against crime and we are ready to do more. It would be helpful if
we could all agree on the broader definition of conviction rate which would aid
the public in better understanding the issues.’’
Done by: Mitchum George
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