1 / 17

The Dangerous Weapons Bill - Regulating Possession and Use of Weapons

This presentation provides background information on the Dangerous Weapons Bill, which seeks to repeal and replace existing legislation regulating dangerous weapons in the country. The bill aims to prohibit the possession of dangerous weapons and firearms for unlawful purposes, while also considering exceptions for lawful activities and legitimate collections. The bill defines dangerous weapons as objects capable of causing death or serious bodily harm if used unlawfully.

byrone
Download Presentation

The Dangerous Weapons Bill - Regulating Possession and Use of Weapons

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. CIVILIAN SECRETARIAT FOR POLICE THE DANGEROUS WEAPONS BILL (B37B-2012) PRESENTATION TO SELECT COMMITTEE FOR SECURITY AND CONSTITUTIONAL AFFAIRS

  2. BACKGROUND • This Bill was prompted by the judgment in the matter of State v KW Thunzi & S Mlonzi v The State (Eastern Cape Division of the High Court, Mthatha, Case No. 213749). • The court declared the applicability of section 4 of the Dangerous Weapons Act, 1968 (Act No 71 of 1968) in the Transkei region unconstitutional and referred the matter to the Constitutional Court for confirmation.

  3. BACKGROUND • In terms of the said section 4, provision is made the imposition of minimum sentences which are applicable to offences involving dangerous weapons and are committed in an area to which the Minister of Justice and Constitutional Development has made sentences applicable. • On 5 August 2010, the Constitutional Court declared Government Notice R. 409 (Transkei) published Government Gazette No. 4601 of 7 March 1976 to be inconsistent with the Constitution and hence invalid.

  4. BACKGROUND • The Constitutional Court set the Government Notice aside. • In terms of this Government Notice, the provisions of section 4(1) and (2) of the Dangerous Weapons Act, 1968 (SA) was declared to be applicable to the former Republic of Transkei. • On 10 November 2010, a Government Notice to withdraw Government Notice R. 409 (Transkei) was published in order to give effect the Constitutional Court’s order.

  5. BACKGROUND • The Constitutional Court called for the rationalisation of Dangerous Weapons Acts applicable in South Africa as well as in all the former TBVC States. It should be noted that the Constitutional Court did not declare the contents of the Act, except for the notice relating to sentencing in particular areas, unconstitutional. The Act was, however, adopted in 1968, and it was important to review the contents thereof in terms of present needs of the community and policing. • The Constitutional Court required the Speaker of the National Assembly, the Chairperson of the National Council of Provinces and the Minister of Justice and Constitutional Development to notify the Court of the legislative steps taken in fulfillment of the above.

  6. BACKGROUND (contd.) • The Dangerous Weapons Act was found to be outdated and this necessitated the drafting of the new Dangerous Weapons Bill. • This new Bill takes into account constitutional principles as well as present policing needs in respect of the possession and carrying of dangerous weapons. • Dangerous weapons account for a huge number of violent crimes committed in the country.It should, however, be kept in mind that it is, in essence, not the use of a weapon in an offence that needs to be addressed as these are already criminalized through offences such as assault, attempted murder, and murder, etc. and the use of a weapon and causing wounds, etc. are taken into account in sentencing the offender. The Act needs to address the mere carrying or possession of a weapon under circumstances which indicate that the dangerous weapon is intended to be used for the commission of an offence.

  7. OBJECTS OF THE BILL THE BILL SEEKS TO: • Repeal and substitute all existing legislation regulating dangerous weapons in the Republic with a single piece of legislation that is applicable to the country as a whole; • To provide for uniform legislation that will apply throughout the Republic; • Prohibit the possession of dangerous weapons, in the Dangerous Weapons Act, and firearms, or replicas or imitation firearms, through an amendment of the Firearms Control Act, with the intention to use it for an unlawful purpose/to commit a crime; and • Subject to certain exceptions, prohibit the possession of- - firearms and objects which resemble firearms (through an amendment of the Firearms Control Act, 2000), - dangerous weapons and objects likely to cause injury or damage to property at a demonstration or gathering.

  8. CLAUSEBY CLAUSE ANALYSIS A “dangerous weapon” is defined in clause 1 as: ‘‘any object, other than a firearm, capable of causing death or inflicting serious bodily harm, if it were used for an unlawful purpose.”. Clause 2 Clause 2 provides for exceptions to the application of the Act. The Act does not apply to the following activities: (a) Possession of dangerous weapons in pursuit of any lawful employment, duty or activity; (b) possession of dangerous weapons during the participation in any religious or cultural activities, or lawful sport, recreation, or entertainment; or (c) legitimate collection, display or exhibition of weapons. Clause 3 Clause 3(1) criminalizes the possession of a dangerous weapon under circumstances which may raise a reasonable suspicion that the person intends to use the dangerous weapon for an unlawful purpose.

  9. CLAUSE BY CLAUSE ANALYSIS Clause 3(2) provides for factors which must be taken into account in determining whether a person intends to use the dangerous weapon, firearm, replica or imitation firearm for an unlawful purpose. (a) The place and time where the person is found; (b) the behaviour of the person, including the making of any threat or the display of intimidatory behaviour; (c) the manner in which the object is carried or displayed; (d) whether the possession of the object was within the context of drug dealing, gang association or any organisedcrime or any other criminal activity; or (e) any other relevant factors, including any explanation the person may wish to provide for his or her possession of the object: Provided that this paragraph shall not be interpreted as an obligation on the person to explain his or her possession of the object.

  10. CLAUSE BY CLAUSE ANALYSIS Clause 4 Clause 4 repeals, in whole, all the Dangerous Weapons Acts presently in force in the Republic and the areas which were formerly known as the TBVC states. Clause 5 Clause 5 amends the Regulation of Gatherings Act, 1993 (Act No. 205 of 1993), in order to provide for a prohibition on the possession of— (a) airguns, firearms, imitation firearms, muzzle loading firearms or any object which resembles a firearm and that is likely to be mistaken for a firearm; and • dangerous weapons, during gatherings and demonstrations.

  11. CLAUSE BY CLAUSE ANALYSIS Clause 6 • Clause 6 amends the provisions of section 120 of the Firearms Control Act, 2000 ( Act No. 60 of 2000), by extending the existing provisions of sub-section (10A) which criminalisesthe possession of a firearm with the intent to commit an offence, to include an airgun, deactivated firearm and muzzle loading firearm. • Clause 6 also provides for the factors which can be taken into account in determining whether it is being possessed with the intent to commit an offence.

  12. DEPARTMENTS/ BODIES/ PERSONS /CONSULTED • This Bill was drafted by a Task Team consisting of officials from both the Department of Police (the Civilian Secretariat and the Police Service) and the Department of Justice and Constitutional Development; • Public comments were elicited through the publication of the Bill in the Gazette; (some 2 300 comments received). The Task Team worked closely with the State Law Advisers in scrutinizing the comments received and in the development of a new draft taking into account the comments. The State Law Advisers certified the Bill as being constitutional. • The National Prosecuting Authority also provided comments and made inputs to the Bill.

  13. CONSULTATIONS • During the consideration of the Bill, the Portfolio Committee on Police invited public comments. • Comments were received from, amongst others, the Cape Bar Council, the Security Industry Alliance, Blade Tool and Sporting Goods Forum, the South African Gun Owners Association, the Gauteng Airsoft Club, SA Hunters and Game Conservation Association, SA Catholics Bishops Conference, Legal Resources Centre, the National Arms and Ammunition Collectors Association, SA Wingshooters Association and Gunfree South Africa.

  14. PORTFOLIO COMMITTEE DELIBERATIONS The comments received from various interest groups led to the following amendments by the Portfolio Committee: • An amendment to the definition of “dangerous weapon”. • The exclusion of certain activities from the Act. • Limitation of the Dangerous Weapons Act to regulate dangerous weapons and to include an amendment in the Bill to the Firearms Control Act in respect of the possession of firearms and related objects, with the intent to commit an offence, whilst retaining the prohibition of the possession and carrying of all dangerous weapons and firearms and related objects in the Regulation of Gatherings Act, 1993.

  15. FINANCIAL IMPLICATIONS • Incidental costs pertaining to implementation, such as informing the public and police officers, will be incurred. • The Portfolio Committee required a costed implementation plan for the Bill to be submitted to the Committee by the South African Police Service. The costed implementation plan was submitted.

  16. PARLIAMENTARY PROCEDURE • This Bill is dealt with in accordance with the procedure established by section 75 of the Constitution since it contains no provision to which the procedure set out in section 74 or 76 of the Constitution applies. • It is not necessary to refer this Bill to the House of Traditional Leaders in terms of section 18(1)(a) of the Traditional Leadership and Governance Framework Act as it does not contain provisions pertaining to customary Law or customs of traditional communities. This issue was cleared by the Portfolio Committee and the Parliamentary Law Advisers was satisfied with the deletion of a clause referring to gatherings and demonstrations for cultural purposes.

  17. Q & A Thank you.

More Related