Guests’ safety is, of course, a top priority for all lodge owners, rangers and field guides, especially when you think about the unpredictability of Africa’s beautiful bushveld. Just like you can’t predict whether the entire Big Five will be spotted on a morning game drive, you also can’t predict when something could go awry when stepping into a wild animal’s habitat.
Ultimately, the best possible way for rangers and field guides to arm themselves to effectively deal with a potentially dangerous situation while out on a game drive or a bush walk is to literally arm themselves. However, there are various factors to consider when it comes to the safety and legalities surrounding firearms, especially when used in a business context.
As such, a common question pondered by authorities within national parks and game reserves, owners of lodges, and by the rangers and field guides themselves is, is it legal for rangers and field guides to use their personal, licensed firearms when leading a walking safari or when working within a SANPARKS’ park?
The answer, in short, is yes provided they have registered it for business use… but the issue is quite complex. We break it down for you below.
Looking at the law
For starters, there are many important laws and acts to consult when answering this question, including but not limited to the Tourism Amendment Act, the Occupational Health and Safety Act and the National Environmental Management Act. The most relevant act in these circumstances, the Firearms Control Act, 2000 (Act 60 of 2000) or FCA, does not specifically prohibit the use of privately owned firearms by guides/rangers in any of its sections or regulations. There’s also no case law prohibiting using personal, licensed firearms for business purposes while out in the field.
But do consider the intention of the legislature and the wording of the FCA.
For example, Section 8 of the FCA requires formal SAPS accreditation before a licence can be issued for certain activities or businesses related to firearms. These include, amongst others, those that use firearms for other business purposes, like field guides and government institutions. Then only can firearm licences be issued in the name of this entity or institution in terms of section 20 of the FCA, which deals with licenses for business purposes specifically.
As it stands, the FCA distinguishes between private and business use.
A further indication that only business-owned firearms should be used when rendering a service is that SANPARKS’ wardens may only make use of section 20 business firearms to do their guiding as a Regulation-12 SAPS accredited official institution.
The reality is that both the employer and the ranger or field guide could face delictual liability in the event of any negligence or accident where personal firearms were used when out in the field. The Prosecuting Authority or person and/or entity in a civil claim could argue that section 20 of the FCA should have been followed and was not.
However, as stated above according to the Firearms Control Act, personal, licensed firearms can be used for business purposes while out in the field provided they are correctly licensed for business purposes.
How to get all legal requirements on track
Parks and lodge owners need to normally apply to the SAPS for the issuing of an accreditation certificate so that they may then legally licence business firearms in their company’s name.
However, a guide or ranger can use their own rifle provided they have registered it for business use and not personal use, and if they are duly accredited, compliant and licenced in terms of the FCA and its regulations and if the lodge, of course, is also compliant as described above. It’s crucial for employers to ensure that any ranger or field guide (either freelance or permanently employed) has been trained and is fully qualified. If they’ll be escorting guests on walking safaris, they must have obtained their FGASA or similar certificates through theoretical and practical assessments’ learner material approved by CATHSSETA.
This is because ONLY rangers and field guides who are equipped with the necessary proficiency certificates and FGASA qualification may be legally issued with a rifle owned and licensed by a lodge or game park. The lodge/park in question will have to be SAPS accredited, issued with an accreditation certificate and have a section 20 business licence firearms managed per resolution by its own responsible person.
Is it legal for rangers/guides to escort guests on game drives/walks WITHOUT a firearm?
Another question pondered, particularly by smaller lodges that typically employ freelance rangers and field guides and don’t currently own their own business-use firearms, is: is it legally necessary for rangers to be armed with a firearm when taking guests on bush walks or game drives?
The answer, in short, is yes.
According to law, in instances where wild animals are kept in close proximity of humans, the owner could be held liable if harm befalls a person. Therefore, it’s recommended to apply for the necessary clearance and to invest in firearms.
The bottom line…
- Only ever allow a fully trained and qualified ranger or field guide in your employment to escort guests on game drives or bush walks equipped with a firearm that is legally licensed for business use.
- NEVER allow a ranger or guide to escort guests into the field without a correctly licensed firearm.
