Explosives Bill: briefing

NCOP Security and Justice

17 February 2003
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Meeting Summary

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Meeting report

SECURITY AND CONSTITUTIONAL AFFAIRS SELECT COMMITTEE

SECURITY AND CONSTITUTIONAL AFFAIRS SELECT COMMITTEE
17 February 2003

EXPLOSIVES BILL: BRIEFING

Chairperson:
Kgoshi L Mokoena (ANC)[Northern Cape]

Documents handed out:
Explosives Bill [B43B-2002]
Briefing on Explosives Bill (Appendix 1)

SUMMARY
The Committee was briefed on the Explosives Bill by the Department of Safety and Security. The Committee agreed to allow the Department to bring additional proposed amendments in its next meeting. Although the Bill has already been passed by the National Assembly the Department had realised that the Bill does not clearly address the possession part of the petrol bombs

MINUTES
Dr PC Jacobs, Chief Manager: Legal Component Detective Services, briefed the Committee on the background and objects of the Bill. He noted that the Department consulted widely on this Bill and has received submissions from Armscor and the Department of Education (Western Cape). If the Committee wished, the Department would meet with the relevant stakeholders and report to it on the outcome of that meeting. He further noted that there were a number of amendments relating to the possession of petrol bombs which the Department was proposing to the Bill.

Discussion
Mr P Matthee (NNP) [KZN] noted that the Portfolio Committee dealt with the Bill before it reached the Select Committee and all the procedures were followed. Were the Department's proposed amendments not considered or foreseen by the Portfolio Committee? How long did the Committee dealt with the Bill?

Dr Jacobs responded that after the National Assembly had already dealt with the Bill, the Department realised that the Bill does not clearly address the possession aspect of petrol bombs. He noted that although the Portfolio Committee on Safety and Security had quietly dealt with the Bill, due to its technical nature this was an oversight on the part of the Department.

Mr Matthee acknowledged Dr Jacobs' explanation, was very worried by the manner in which the legislation was being dealt with. He asked the Department to table the proposed amendments so that the Committee could consider them, since it would be difficult to consider them without any documentation.

Dr Jacobs said that the Department had already finalised the proposals. However, it wants to confirm with the State Law Advisors before it could distribute them. They would be available in the next Committee meeting.

The Chair also noted that it is important that the use and possession of petrol bomb equipment be categorically stated as being illegal. Its determination should not be left to the interpretation of the Courts.

The Committee agreed to allow the Department to bring the proposed amendments in its next meeting.

The meeting was adjourned.

Appendix 1:
Explosive Bill, 2002
Briefing to National Council of Provinces

Background
PRESENT REGULATION OF EXPLOSIVES

    • Department for Safety and Security: General, overall regulation of possession, import and export of explosives by the Chief Inspector of Explosives in terms of Explosives Act, 1956
    • Regulation of the use of explosives in the mining industry:
    • Dept of Minerals and Energy: Mining Act Regulations
    • Regulation of explosives in respect of occupational health and safety: Dept of Labour: Regulations in terms of Occupational Health and Safety Act

Reasons for review / New Act

· Modern technology: development of new explosives
· Globalisation: New classification systems United Nations
· Increased use of fireworks
· Inadequate penalty provisions in 1956 Act
· International obligations: marking of plastic explosives
· Additional policing powers: taking of samples, search, seizure, powers of inspectors
· Constitutionality of presumptions
· Database/samples of explosives FSL

Objects of the Bill

· To ensure adequate control over possession, use, import and export of explosives
· To reflect seriousness of offences in penalties
· Consolidate measures iro Riotous Assemblies Act in this Act.

· Introduce international trends iro explosives

Consultation

· Spoornet
· Department of Labour
· Department of Correctional Services
· South African Law Commission
· Department of Trade and Industry
· Department of Environmental Affairs and Tourism
· Department of Transport
· Pyrotechnic Guild of South Africa
· Interpol
· South African Secret Service
· National Intelligence Agency

· African Explosives Limited
· Department of Minerals and Energy
· Denel
· National Institute for Explosive Technology
· Department of Foreign Affairs
· Department of Defence
· Dantex Explosives (Fty)Limited
· Sasol Mining Explosives (Fty) Ltd
· Technical Production Services Ltd
· Arrnscor

Matter addressed in Portfolio Committee

  • Allow demarcation of respective Departments to regulate explosives
  • Clause 15- Exemption by Minister of any group of persons from obtaining a permit in respect of fireworks in order to celebrate specified religious, cultural or traditional event. (Eg Divalli)

Main features of the Bill

  • Defines and regulates brokering - clause 1,13
  • New definition of explosives
  • Application of Act: SAPS, Labour, Minerals/Energy/exemptions
  • Enable amendment of Schedule 3
  • Appointment of Chief Inspector and Inspectors of Explosives
  • Entry and search of premises
    • Forfeiture of explosives
  • Destruction of explosives

Features of Bill

  • Prints and samples for investigative purpose Regulates keeping, storage and possession, transportation of explosives
  • Prohibition of transportation of explosives in order to maintain public order, etc.
  • Certificates and licence- explosives manufacturing site and magazines.
  • Licences for brokering/dealing in explosives
  • Control over manufacturing of explosive

Features

  • Prohibition on use of explosives without a permit
  • Prohibition on possession of imitation of explosives
  • Regulation of importation/exportation of explosives
  • Packaging of explosives-prescribed
  • Prohibition of export, transfer or sale or supply of unauthorised explosives
    • Database of information on explosives manufactured/imported/supply and keeping of samples of explosives for investigative purposes
  • Recordkeeping in respect of information
  • Endangering life or property- offences
  • Presumptions
  • Acts in respect of unmarked plastic explosives
  • 'Information iro plastic explosives
  • Offences and penalties
  • Declaration of unfitness
  • Jurisdiction
  • Appeals
  • Regulations
  • Repeal of laws and saving
  • Schedule 3 Convention on the Marking of Plastic Explosives

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