Act 1969

Please Note: this is a long document

Arms and Ammunition Act No. 75 of 1969

NOTE: The whole of this Act has been repealed by section 153 of the Firearms Control Act 60 of 2000, which will come into operation on a date to be fixed by the President by proclamation in the Gazette.

[ASSENTED TO 3 JUNE 1969] [DATE OF COMMENCEMENT: 1 FEBRUARY 1972]
(English text signed by the State President)

as amended by :
General Law Amendment Act 80 of 1971
Arms and Ammunition Amendment Act 35 of 1973
Second General Law Amendment Act 94 of 1974
Arms and Ammunition Amendment Act 16 of 1978
Arms and Ammunition Amendment Act 19 of 1983
Arms and Ammunition Amendment Act 60 of 1988
Arms and Ammunition Amendment Act 30 of 1990
Application of Certain Laws to Namibia Abolition Act 56 of 1991
Arms and Ammunition Amendment Act 79 of 1991
Arms and Ammunition Acts Amendment Act 117 of 1992
Arms and Ammunition Amendment Act 65 of 1993
Arms and Ammunition Second Amendment Act 177 of 1993
Arms and Ammunition Amendment Act 7 of 1995
Arms and Ammunition Amendment Act 15 of 1999

ACT

To consolidate and amend the laws relating to arms and ammunition.

ARRANGEMENT OF CONTENTS

PART I
Sections 2 to 10A LICENCES TO POSSESS ARMS

PART II
Sections 11 to 17 DECLARATION OF PERSONS TO BE UNFIT TO POSSESS ARMS

PART III
Sections 18 to 24 DEALERS IN ARMS AND AMMUNITION

PART IV
Sections 25 to 27 IMPORTATION AND EXPORTATION OF ARMS AND AMMUNITION

PART V
Sections 28 to 31 MANUFACTURE OF ARMS AND AMMUNITION

PART VI
Sections 32 to 48 MISCELLANEOUS PROVISIONS

1. Definitions
[NB: Definitions of 'authorization' and 'competent person' have been inserted by s. 1 of the Arms and Ammunition Amendment Act 60 of 1988, the relevant paragraphs of which have not yet come into operation. See PENDLEX.]

(1) In this Act, unless the context otherwise indicates-

'ammunition' means any cartridge or percussion cap intended for use in the discharge of an arm;

'Appeal Board' means the Appeal Board established by section 14A;
[Definition of 'Appeal Board' inserted by s. 1 (a) of Act 60 of 1988.]

'arm' means any firearm other than a cannon or, except for the purposes of Part II and sections 37, 38, 38A, 39 (1) and 45 (1), other than a machine gun or machine rifle, and includes-

                (a)     subject to the provisions of subsections (2) and (3)-
                        (i)     a gas rifle of .22 of an inch or larger calibre or a gas pistol or revolver;
                        (ii)    an air rifle of .22 of an inch or larger calibre or an air pistol other than a toy pistol;
                        (iii)   an alarm pistol or revolver;
                        (iv)    a gas rifle or an air rifle of .177 of an inch or larger calibre;
                (b)     any barrel of an arm;

[Definition of 'arm' amended by Government Notice R2407 of 8 December 1978, substituted by s. 1 (a) of Act 19 of 1983 and amended by s. 1 of Act 79 of 1991 and by s. 1 (a) of Act 117 of 1992.]

'authorized manufacturer' means any person authorized under Part V to manufacture arms or ammunition;

'certificate of competence' Proclamation R63 of 4 July 1991 proclaimed the commencement of s. 1 (c) of the Arms and Ammunition Amendment Act 60 of 1988. Owing to the wording of Act 60 of 1988, this has resulted in the insertion of the definition of 'certificate of competence' in the English text of Act 75 of 1969, while in the Afrikaans text the definition of 'magtiging' was inserted. See Proclamation R63, read with Act 60 of 1988.* means the certificate issued in terms of section 2A;
[Definition of 'certificate of competence' inserted by s. 1 (c) of Act 60 of 1988.]

'Commissioner' means the Commissioner of the South African Police;

'deal', in relation to arms or ammunition, includes the acceptance of any arm or ammunition as security for the fulfilment of an obligation, if the person accepting the arm or ammunition does not so in the course of his or his employer's business and the carrying on of business by any person by inducing or attempting to induce any other person other than a licensed dealer to acquire any arm or ammunition from such person or any other person;

'dealer's licence' means a licence issued under Part III;

'disqualified person' means any person prohibited under section 15 (2) from having an arm in his possession;

'gunsmith' means any person who carries on the business of repairing, altering or improving arms, but not the manufacturing thereof;
[Definition of 'gunsmith' substituted by s. 1 (e) of Act 60 of 1988.]

'licence to possess an arm' means a licence to possess an arm issued under Part I;

'licensed dealer' means any person holding a licence issued under Part III;

'machine gun' or 'machine rifle' includes any firearm capable of delivering a continuous fire for so long as pressure is applied to the trigger thereof, whether or not that firearm was originally designed to function in that manner;
[Definition of 'machine gun' or 'machine rifle' inserted by s. 1 of Act 16 of 1978.]

'magistrate' includes an additional or assistant magistrate;

'manufacture' ......
[Definition of 'manufacture' deleted by s. 1 (f) of Act 60 of 1988.]

'Minister' means the Minister of Law and Order;
[Definition of 'Minister' substituted by s. 1 (g) of Act 60 of 1988.]

'policeman' means any member of a police force established under any law;

'possession' includes 'custody' and 'possess' shall be construed accordingly;

'prescribed' means prescribed by regulations made under this Act;

'Republic'......
[Definition of 'Republic' deleted by s. 1 of Act 56 of 1991.]

'State', except in section 32, includes a self-governing territory as defined in section 38 of the National States Constitution Act, 1971 (Act 21 of 1971);
[Definition of 'State' deleted by s. 1 of Act 56 of 1991 and inserted by s. 1 (b) of Act 117 of 1992.]

'supply' includes 'to give possession' and used as a noun shall be construed accordingly;

'territory' ......
[Definition of 'territory' deleted by s. 1 of Act 56 of 1991.]

'this Act' includes any regulation made thereunder;

'white person' ....
[Definition of 'white person' deleted by s. 1 (b) of Act 19 of 1983.]

(2) The Minister may from time to time by notice in the Gazette amend paragraph (a) of the definition of 'arm' by including therein any instrument or class of instruments described in the notice, capable of being used for propelling any substance or article or by excluding from the said paragraph any instrument or class of instruments mentioned in such notice.

(3) Any notice issued under subsection (2) may limit the application thereof to such areas or classes of persons or provisions of this Act as may be specified in the notice.

(4) If at the date of publication of any notice under subsection (2), any person is in possession of an instrument which is an arm by virtue of such notice, such person shall for a period of two months from the said date be deemed to hold a licence to possess that arm.

PART I - LICENCES TO POSSESS ARMS (ss 2-10A)

2. Prohibition of possession of arms without licence
Subject to the provisions of sections 1 (4), 3 (5), 4, 8, 27, 37 (2) and 45, no person shall have any arm in his possession unless he holds a licence to possess such arm.

[S. 2 substituted by s. 1 of Act 35 of 1973 and by s. 2 of Act 117 of 1992.]
[NB: A s. 2A has been inserted by s. 3 of the Arms and Ammunition Amendment Act 60 of 1988, which has since been amended by s. 21 of the Arms and Ammunition Acts Amendment Act 117 of 1992, provisions which will both be put into operation by proclamation. See 'Arms and Ammunition Act 75 of 1969 after amendment by Act 60 of 1988' in PENDLEX.]

3. General provisions relating to applications for licences to possess arms and the issuing of such licences

(1) On application in the prescribed manner and payment of the prescribed licence fee in the said manner by any person other than a person under the age of 16 years or a disqualified person, the Commissioner may, in his discretion but subject to the provisions of subsections (3), (4) and (6) and sections 7 and 33 (2), issue to such person a licence to possess the arm described in such licence.

[Sub-s. (1) substituted by s. 2 (a) of Act 19 of 1983.]
[NB: Sub-s. (1) has been substituted by s. 4 (a) of the Arms and Ammunition Amendment Act 60 of 1988, which has since been amended by s. 22 (a) of the Arms and Ammunition Acts Amendment Act 117 of 1992, provisions which will both be put into operation by proclamation. See 'Arms and Ammunition Act 75 of 1969 after amendment by Act 60 of 1988' in PENDLEX.]

(2) Whenever the Commissioner refuses such application, the applicant may, within sixty days after the date on which the commissioner has refused the application, appeal to the Minister, who may confirm the refusal or direct the Commissioner to issue the licences applied for.

[Sub-s. (2) substituted by s. 2 of Act 16 of 1978.]
[NB: Sub-s. (2) has been substituted by s. 4 (b) of the Arms and Ammunition Amendment Act 60 of 1988, a provision which will be put into operation by proclamation. See PENDLEX]

(3) The Minister may instruct the Commissioner to refer to him for consideration particular applications under this section or all such applications or all such applications belonging to any category specified by the Minister and may direct the Commissioner to grant or refuse any application so referred to him.

(4)......
[Sub-s. (4) substituted by s. 2 (b) of Act 19 of 1983 and deleted by s. 4 (c) of Act 60 of 1988.]

(5) The Commissioner may in his discretion issue, free of charge, an authorization in the prescribed form to a person to possess an arm for the prescribed period specified in the authorization and may at any time in the prescribed manner withdraw an authorization so issued.
[Sub-s. (5) added by s. 2 of Act 35 of 1973 and substituted by s. 4 (d) of Act 60 of 1988.]

(6) Except on the written authority of the Minister, which shall be granted only in a case which he may regard as being exceptional, no person shall in terms of subsection (1) be issued with a licence or licences entitling such person to possess more than 12 arms.

[Sub-s. (6) added by s. 2 (c) of Act 19 of 1983.]
[NB: Sub-s. (6) has been substituted by s. 4 (e) of the Arms and Ammunition Amendment Act 60 of 1988, a provision which will be put into operation by proclamation. See PENDLEX.]

4. ......
[S. 4 amended by s. 3 of Act 35 of 1973, substituted by s. 5 of Act 60 of 1988 and repealed by s. 1 of Act 7 of 1995.]

5. Duration of licence
Any licence to possess an arm shall remain valid-
                (a)     until the possession of the arm is permanently transferred by the holder thereof to any other person; or
                (b)     until the licence ceases to be a valid licence in terms of the provisions of section 15 (1); or
                (c)     until the arm is forfeited to the State by order of a competent court or is expropriated in terms of any law.

6. Issue of copy of licence to possess arm
The Commissioner may, on application by any person holding a licence to possess an arm and on payment of the prescribed fee in the prescribed manner, issue to such person a copy of such licence, if the Commissioner is satisfied that such licence has been lost and cannot be found or has become illegible or has been stolen or destroyed.
[NB: S. 6 has been substituted by s. 6 of the Arms and Ammunition Amendment Act 60 of 1988, a provision which will be put into operation by proclamation. See PENDLEX.]

7. No arm without identification marks to be licensed
(1) No licence to possess an arm shall be issued unless the arm has the manufacturer's serial number or any other number by which it may be identified, stamped or engraved on the metal of the arm, excluding the barrel in the case of a pistol: Provided that the Commissioner may in his discretion and subject to any conditions imposed by him, direct that a licence to possess an arm be issued to a person without such serial number or other number stamped or engraved on the arm.
[Sub-s. (1) amended by s. 7 of Act 60 of 1988.]

(2) The Commissioner may require any person who applies for a licence to possess an arm, to stamp or engrave on the arm in the manner contemplated in subsection (1), in addition to the manufacturer's serial number or any other number referred to in subsection (1), such identification number as the Commissioner may determine.
[Sub-s. (2) added by s. 4 of Act 35 of 1973.]

8. Possession of arms with consent of licence holder permitted in certain circumstances

        (1) (a) A person who holds a licence to possess an arm, may use an arm in respect of which he or she does not hold a licence, if he or she is-
                (i)     in possession of written permission to use the arm in question, given by the person who holds the licence to possess that arm; and
                (ii)    on land belonging to or lawfully occupied by the person who gives the permission contemplated in subparagraph (i).
        (b) A person who holds a licence to possess an arm may store an arm in respect of which he or she does not hold a licence, if-
                (i)     he or she is in possession of written permission given by the person who holds a licence to possess that arm and which is endorsed by a person acting under the authority of the National Commissioner of the South African Police Service; and
               (ii)    the arm is stored in a prescribed safe at the place mentioned in the permission contemplated in subparagraph (i).
        (c) Only the person who holds a licence to possess an arm may transport that arm to and from the place where that arm is to be stored in terms of paragraph (b).
        (d) Each of the permissions contemplated in paragraphs (a) and (b), shall specify the period for which the person concerned may use or store the arm, as the case may be, and shall contain sufficient particulars to identify the arm in question.
[Sub-s. (1) substituted by s. 3 (a) of Act 19 of 1983, amended by s. 3 (a) of Act 117 of 1992 (date of commencement not proclaimed) and by s. 1 (a) of Act 177 of 1993 and substituted by s. 1 of Act 15 of 1999.]

(2) A person not being under the age of 16 years or a disqualified person may, with the consent of the holder of a licence to possess an arm, and under the authority and subject to the conditions of a permit in writing issued by a person acting under the authority of the Commissioner, have such arm in his possession for any purpose other than a purpose mentioned in subsection (1), including the rendering of services on behalf of another person, without holding a licence.
[Sub-s. (2) substituted by s. 3 (b) of Act 19 of 1983, by s. 3 (c) of Act 117 of 1992 (date of commencement not proclaimed) and by s. 1 (c) of Act 177 of 1993.]

(3) Any permit referred to in subsection (2) may be cancelled at any time by any person acting under the authority of the Commissioner.

(4) ......
[Sub-s. (4) deleted by s. 1 (d) of Act 177 of 1993.]

9. Identification of person, and production of arm, licence, permission, permit or authority
(1) Any person who in a public place is in possession of an arm or has it in his immediate custody, shall at the request and to the satisfaction of any policeman identify himself forthwith.
(2) Any person who possesses an arm or arms shall at the request of a policeman produce such arm or arms, and any licence, written permission, permit or other authorization, as the case may be, in respect thereof within such reasonable time and to such person and at such reasonable place as the policeman may specify.
[S. 9 substituted by s. 9 of Act 60 of 1988 and by s. 4 of Act 117 of 1992.]

10. Obligation to furnish certain particulars by persons in possession of arms
The Minister may from time to time by notice in the Gazette require any person, or any stated category or categories of persons, or all persons required to hold any licence, authority, permit or consent issued under this Part in respect of arms in his or their possession, to furnish in writing within such period as may be specified in the notice, to such officer as may be so specified, his or their address or addresses and such particulars relating to such arms as may be so specified.
[S. 10 substituted by s. 5 of Act 117 of 1992.]

10A. ......
[S. 10A inserted by s. 48 of Act 94 of 1974 and repealed by s. 10 of Act 60 of 1988.]

PART II DECLARATION OF PERSONS TO BE UNFIT TO POSSESS ARMS (ss 11-17)

11. Declaration of persons by Commissioner to be unfit to possess arms

        (1) If the Commissioner is of the opinion that on the ground of information contained in a statement made under oath, other than such a statement made by the person against whom action in terms of this section is contemplated, there is reason to believe that any person is a person-
                (a)     ......
[Para. (a) substituted by s. 11 (a) of Act 60 of 1988 and deleted by s. 6 (b) of Act 117 of 1992.]
                (b)     who has threatened or expressed the intention to kill or injure himself or any other person by means of an arm; or
[Para. (b) substituted by s. 6 (c) of Act 117 of 1992.]
                (c)     whose possession of an arm is not in the interest of that person or any other person as a result of his mental condition, his inclination to violence, whether an arm was used in the violence or not, or his dependence on intoxicating liquor or a drug which has a narcotic effect; or
[Para. (c) substituted by s. 11 (b) of Act 60 of 1988.]
                (d)     who, while in lawful possession of an arm, failed to take reasonable steps for the safekeeping of such arm,
[Para. (d) substituted by s. 11 (c) of Act 60 of 1988 and by s. 6 (d) of Act 117 of 1992.]
                (e)     ......
[Para. (e) deleted by s. 11 (d) of Act 60 of 1988.]
he may, by notice in writing delivered or tendered to such person by a policeman, call upon such person to appear before the Commissioner at such time and place as may be specified in the notice, in order to advance reasons why such person shall not be declared unfit to possess any arm on any ground aforesaid so specified.
[Sub-s. (1) substituted by s. 4 (a) of Act 19 of 1983 and amended by s. 6 (a) of Act 117 of 1992.]

(2) (a) The Commissioner may, if he has reason to believe that the person to whom the said notice has been addressed, has an arm in his possession, issue a warrant for the search and seizure thereof.
(b) The provisions of section 21 (2), (3) and (4) of the Criminal Procedure Act, 1977 (Act 51 of 1977), shall mutatis mutandis apply to a warrant issued under paragraph (a), and any arm seized in pursuance of such a warrant shall be handed over to the holder of an office in the South African Police as the Commissioner may designate.
[Para. (b) added by s. 6 (e) of Act 117 of 1992.]

        (3) Any person appearing in pursuance of a notice issued under subsection (1) shall be entitled-
                (a)     to be represented by an advocate or an attorney;
                (b)     to request the Commissioner to call, in the manner referred to in subsection (1), upon any person who made a statement referred to in that subsection, also to appear before the Commissioner;
                (c)     to examine the person who has been called upon in terms of paragraph (b) to appear, under oath or affirmation taken by the Commissioner, or cause him to be so examined through any such advocate or attorney, to such extent as the Commissioner with a view to a fair and just investigation may allow.
[Sub-s. (3) substituted by s. 6 (f) of Act 117 of 1992.]

        (4) Upon proof that the notice referred to in subsection (1) was duly delivered or tendered to the person to whom it was addressed, the Commissioner may at any time subsequent to the time specified in the notice, whether or not such person complies with the notice, declare such person to be unfit to possess any arm at any time or during a specified period of not less than two years, if the Commissioner, having regard to-
                (a)     any reasons, submissions or evidence advanced under oath by or on behalf of the said person; and
                (b)     any other sworn information or evidence at his disposal, is satisfied that such person is a person contemplated in paragraph (b), (c) or (d) of subsection (1).
[Sub-s. (4) substituted by s. 4 (b) of Act 19 of 1983, by s. 11 (e) of Act 60 of 1988 and by s. 6 (g) of Act 117 of 1992.]

(5) ......
[Sub-s. (5) substituted by s. 4 (c) of Act 19 of 1983 and by s. 11 (f) of Act 60 of 1988 and deleted by s. 6 (h) of Act 117 of 1992.]

(5A) The Commissioner may in his discretion suspend the operation of the declaration referred to in subsection (4) for a period not exceeding two years on any condition which the Commissioner may deem fit.
[Sub-s. (5A) inserted by s. 11 (g) of Act 60 of 1988 and substituted by s. 6 (i) of Act 117 of 1992.]

(6) The Commissioner shall by notice in writing sent by post or delivered to him inform any person in respect of whom a declaration has been made under subsection (4), of the tenor of and reason for the declaration.

12. Unfitness, upon conviction, to possess arm

(1) A person who is convicted by a court of a contravention of a provision of this Act relating to the unlawful possession of an arm without the required licence, permit or other authorization, or of section 39 (1) (i), (j), (k), (l) or (m), or of any other offence in the commission of which an arm was used (excluding any such conviction following upon the payment of an admission of guilt fine in terms of section 57 of the Criminal Procedure Act, 1977 (Act 51 of 1977)), is deemed to be declared unfit to possess an arm, unless the court determines otherwise.
[Sub-s. (1) substituted by s. 2 of Act 177 of 1993.]

(2) A person convicted by a court of an offence referred to in Schedule 2 to this Act in the commission of which an arm was not used, may, except in the case where such a conviction follows upon the payment of an admission of guilt fine referred to in subsection (1), be declared unfit to possess an arm in the discretion of the court concerned.

(3) The court shall upon convicting any person referred to in subsection (1) or where the court exercises a discretion as referred to in subsection (2), bring the provisions of the subsection concerned to the notice of such person and afford him an opportunity to advance reasons and present evidence why he should not be declared unfit to possess an arm.
[S. 12 substituted by s. 12 of Act 60 of 1988, by s. 1 of Act 30 of 1990 and by s. 7 of Act 117 of 1992.]

13. ......
[S. 13 substituted by s. 2 of Act 30 of 1990 and repealed by s. 8 of Act 117 of 1992.]

14. Powers of Minister on appeal or after effluxion of time

(1) Any person declared by the Commissioner under section 11 to be unfit to possess an arm may within 60 days from the date on which he was notified of the declaration by the Commissioner appeal in writing to the Minister, who may confirm, vary or set aside the declaration concerned.

(2) The Minister may, after the expiration of a period of two years from the date upon which a person has under section 11 or 12 been declared unfit or is under section 12 deemed to have been declared unfit to possess an arm, and irrespective of whether any such declaration came into force before or after the commencement of section 9 of the Arms and Ammunition Acts Amendment Act, 1992, by written notice to the person concerned discharge the declaration concerned with effect from the date specified in the notice.
[S. 14 amended by s. 13 of Act 60 of 1988 and substituted by s. 9 of Act 117 of 1992.]

14A. Appeal Board

(1) There shall be a board known as the Appeal Board, which shall perform the functions and carry out the duties entrusted to or imposed upon it under this Act.

        (2) (a) The Appeal Board shall consist of one or more but not more than three members appointed by the Minister after consultation with the Minister of Justice.
        (b) No person shall be appointed as a member of the Appeal Board unless he is qualified-
                (i)     to be admitted to practise as an attorney under the Attorneys Act, 1979 (Act 53 of 1979); or
                (ii)    to be admitted to practise as an advocate under the Admission of Advocates Act, 1964 (Act 74 of 1964); or
[Sub-para. (ii) substituted by s. 3 of Act 30 of 1990.]
                (iii)   to be appointed as a magistrate under the Magistrates' Court Act, 1944 (Act 32 of 1944), and has practised as an attorney or advocate, or has been a magistrate for at least five years.
        (c) The Minister may, in addition to the members appointed in terms of paragraph (a), appoint any other person who in the opinion of the Minister has special knowledge of or experience in matters pertaining to arms, as an additional member of the Appeal Board.

(3) The period and conditions of office, remuneration and allowances of the members and the additional member of the Appeal Board shall be as prescribed.

(4) The quorum for, the procedure at and the holding of meetings of the Appeal Board shall be as prescribed.

(5) (a) The Minister may at any time withdraw the appointment of a member or the additional member if in his opinion there is sufficient reason for doing so.
(b) A member or the additional member may resign by notice in writing to the Minister.

(6) The administrative work incidental to the performance of the functions of the Appeal Board shall be performed by members of the South African Police designated by the Commissioner for this purpose.
[S. 14A inserted by s. 14 of Act 60 of 1988.]

15. Effect of declaration of unfitness

(1) All certificates of competence, licences, authorizations, permits or permits deemed to be licences, to possess arms, issued to any person declared under section 11 or 12 to be unfit or who is deemed in terms of section 12 to have been declared unfit, to possess an arm, shall cease to be valid as from the date of the declaration concerned, unless the declaration is set aside on appeal in terms of section 14 (1) or is discharged in terms of section 14 (2) by the Minister.

(2) Subject to the provisions of sections 32 and 45, no person declared or deemed to be declared under this Part to be unfit to possess an arm shall have an arm in his possession at any time while the declaration is of force and has not in terms of section 14 been set aside or discharged on appeal.
[S. 15 amended by s. 4 of Act 30 of 1990 and substituted by s. 10 of Act 117 of 1992.]

16. Disposal of arms in possession of or taken from persons dealt with under section 11 or 12

        (1) Subject to the provisions of sections 32 and 45, any person shall, as soon as possible after having been notified or informed that he has been declared or is deemed to have been declared under this Part to be unfit to possess an arm, surrender to the officer in charge of a police station-
                (a)     all certificates of competence, licences, authorizations or permits to possess arms and ammunition issued to him under Part I or section 45 (5) or any law repealed by this Act;
[Para. (a) substituted by s. 16 (a) of Act 60 of 1988 (date of commencement not proclaimed) and by s. 5 (a) of Act 30 of 1990.]
                (b)     all permits issued to him which are deemed under section 27 to be licences to possess arms;
                (c)     all arms in respect of which such licences, authorizations or permits have been issued;
[Para. (c) substituted by s. 16 (b) of Act 60 of 1988.]
                (d)     all ammunition in his possession belonging to him.
[Sub-s. (1) amended by s. 11 (a) of Act 117 of 1992.]

        (2) The Commissioner shall-
                (a)     at the request of a disqualified person within such period as the Minister may fix, hand over any arm seized under section 11 (2) belonging to such person or any arm or ammunition surrendered by him in terms of subsection (1) of this section, to the holder of a licence issued under section 3 to possess that arm or to a licensed dealer;
[Para. (a) substituted by s. 5 (b) of Act 30 of 1990.]
                (b)     after the expiration of the said period, sell, in such manner as the Minister may direct, any arm or ammunition referred to in paragraph (a), which has not been handed over as aforesaid, and shall pay over the proceeds of the sale, after deduction of the expenses incidental thereto, to the disqualified person.

(3) If a declaration of any person to be unfit to possess an arm is set aside on appeal, any arm, ammunition, licence or permit belonging to any such person and seized or surrendered under this Part, shall be returned to him forthwith, if, in the case of an arm or ammunition, he may under the provisions of this Act have such arm or ammunition in his possession.
[NB: Sub-s. (3) has been substituted by s. 16 (c) of the Arms and Ammunition Amendment Act 60 of 1988, a provision which will be put into operation by proclamation. See PENDLEX.]

(4) Where for the purposes of subsection (2) (b) the Minister owing to a reason connected with the nature of an arm or ammunition concerned, or for any other sound reason, does not deem it to be in the public interest that a sale of such arm and ammunition shall take place in terms of the said subsection, the Minister shall declare the arm or ammunition forfeited to the State and it shall be disposed of as the Minister may direct.
[Sub-s. (4) added by s. 11 (b) of Act 117 of 1992.]

17. Proof of declaration of unfitness
A certificate purporting to have been signed by the Commissioner or the clerk of a magistrate's court or a registrar of any division of the Supreme Court of South Africa, stating that a person mentioned in the certificate has under this Part been declared to be unfit to possess an arm on a date and for a period so mentioned, shall upon its mere production by any person be prima facie proof of the facts stated in such certificate.

PART III DEALERS IN ARMS AND AMMUNITION (ss 18-24)

18. Prohibition of dealing in arms or ammunition without licence

(1) Subject to the provisions of subsection (3), no person shall deal in arms or ammunition otherwise than under the authority of a dealer's licence.

(2) Any such licence shall be in addition to any licence required under any other law.

        (3) The provisions of subsection (1) shall not apply-
                (a)     to the sale of arms or ammunition by an auctioneer on instructions given by an officer in the public service in the execution of his duties or given by the executor or administrator in a deceased estate or the trustee in an insolvent estate or the liquidator of a company, for the purpose of administering or winding up that estate or company;
                (b)     to the sale of arms or ammunition by any officer of the court of law in the execution of his duties;
                (c)     to the sale by any person of arms or ammunition held in stock by any person whose dealer's licence or permit to manufacture arms or ammunition has been cancelled or has ceased to be valid in terms of the provisions of this Act or whose application for renewal of a dealer's licence has been refused, if such sale takes place under the authority of a permit issued by the Minister or a person designated by the Minister and in accordance with such conditions as may be stated in the permit;
                (d)     to the sale by an authorized manufacturer to a licensed dealer of arms or ammunition manufactured by that manufacturer.

19. Licences to deal in arms and ammunition

(1) On application in the prescribed manner and payment of the prescribed licence fee in the said manner by any person, the Commissioner may in his discretion, but subject to the directions of the Minister and to the Provisions of section 22, issue to such person a licence to deal in arms and ammunition on the premises specified in the licence, subject to such conditions as may be so specified, or, as the case may be, a licence to deal in ammunition on the premises and subject to the conditions so specified.
[Sub-s. (1) substituted by s. 5 (a) of Act 35 of 1973 and by s. 5(a) of Act 19 of 1983.]
[NB: Sub-s. (1) has been substituted by s. 17 of the Arms and Ammunition Amendment Act 60 of 1988, a provision which will be put into operation by proclamation. See PENDLEX.]

(2) The Commissioner shall, whenever he refuses an application for the renewal of a licence in terms of subsection (3) (a) by the holder of an existing licence to deal in arms and ammunition, or of an existing licence to deal in ammunition, on the premises to which the application relates, furnish the applicant at his request with the reasons for the refusal.
[Sub-s. (2) substituted by s. 5 (b) of Act 35 of 1973 and by s. 3 (a) of Act 177 of 1993.]

(3) (a) A dealer's licence shall expire on 31 December of the year in which it comes into force, unless the holder of such licence has not later than 31 October of that year made the prescribed application in the prescribed manner and upon payment of the prescribed fee, for the renewal of the licence and such application has been granted: Provided that if the licence has been issued for the first time on a date after 31 October, it shall, subject to paragraph (b), expire on 31 December of the next ensuing year.
(b) A licence which has ceased to be a valid licence or has been withdrawn in terms of subsection (7) (b) shall not be renewable in terms of paragraph (a).
[Sub-s. (3) substituted by s. 3 (b) of Act 177 of 1993.]

(4) In the case of a partnership a dealer's licence shall be issued to the partners jointly and shall state the name under which they trade.

(5) A dealer's licence shall subject to the provisions of section 20 (2) (a) cease to be a valid licence as soon as the holder or a joint holder of the licence becomes a disqualified person.

(6) A dealer's licence issued to a company shall cease to be a valid licence as soon as any managing director or manager of the company becomes a disqualified person.
[Sub-s. (6) substituted by s. 5 (b) of Act 19 of 1983.]

        (7) (a) The Commissioner may, on the ground of information, contained in a statement made under oath, that the holder of a dealer's licence has contravened or has failed to comply with any condition imposed under subsection (1) or any provision of this Act, without prior hearing of the holder of the licence, by written notice directed to the holder of the licence suspend his licence for a period not exceeding three days.
        (b) The Commissioner may for any reason mentioned in paragraph (a), by written notice directed to the holder of a dealer's licence withdraw his licence with effect from a date mentioned in the notice, which date shall be at least 60 days after the date of the notice.
        (c) The holder of the licence may within 14 days after the date of the notice referred to in paragraph (b), request the Commissioner to furnish reasons for the withdrawal, within 14 days after receiving the request, and thereupon the holder of the licence may, within 14 days after receipt by him of such reasons, make representations to the Commissioner against the withdrawal by the Commissioner of his licence.
        (d) The provisions of paragraph (c) shall not derogate from the commencement of the notice in terms of paragraph (b).
        (e) The provisions of section 22 shall mutatis mutandis apply to any decision of the Commissioner under paragraph (c) not to revoke the withdrawal of the licence and to a decision by him under subsection (3) (a) not to renew a licence.
[Sub-s. (7) deleted by s. 5 (c) of Act 35 of 1973 and added by s. 3 (c) of Act 177 of 1993.]

19A. Temporary licences to exhibit and to deal in arms and ammunition

(1) On application in the prescribed manner and payment of the prescribed licence fee by a licensed dealer, the Commissioner may issue to such a dealer a temporary licence to exhibit and to deal in arms and ammunition on the premises specified in the temporary licence, and subject to such conditions as may be so specified.

(2) The Commissioner shall, if he refuses an application for a temporary licence, furnish the applicant at his request with the reasons for the refusal.
[S. 19A inserted by s. 12 of Act 117 of 1992.]

20. Transfer of a dealer's licence

(1) On application in the prescribed manner by the holder of a dealer's licence and on payment of the prescribed transfer fee in the said manner the Commissioner may in his discretion, but subject to the provisions of section 22, by endorsement of the licence transfer it to any person to whom he may issue such a licence.

        (2) In the case of a dealer's licence issued to persons trading in partnership-
                (a)     the licence shall, if any partner retires from the partnership, becomes a disqualified person or dies, be transferred to the remaining partner or to the remaining partners jointly by endorsement of the licence by the Commissioner, on application by the remaining partner or partners and payment of the prescribed transfer fee in the prescribed manner,
                (b)     the licence may, if a new partner is admitted to the partnership, so be transferred by the Commissioner in his discretion, but subject to the provisions of section 22.

(3) In the event of the death of the holder of a dealer's licence the widow or widower or the executor or administrator of the estate of the deceased or, pending the appointment of an executor, any interim curator appointed to take charge of the estate of the deceased and, in the case of insolvency or assignment of the holder of a dealer's licence, the trustee or assignee of his estate and, in the case of a company in liquidation, the liquidator and, in the case where the holder becomes subject to any legal disability, any curator bonis appointed under any order of court, may apply for transfer of the licence in the prescribed manner, to the Commissioner who shall, on payment of the prescribed fee in the said manner, transfer the licence to the applicant by endorsement thereof, if the applicant is a person to whom he may issue such a licence.

21. Change of licensed premises
On application in the prescribed manner by the holder of a licence to deal in arms and ammunition, or of a licence to deal in ammunition, on any premises specified in the licence in question, the Commissioner may in his discretion, but subject to the discretions of the Minister and to the provisions of section 22, endorse such licence without charge, so as to render it valid for other premises instead of the premises so specified, subject to such conditions as the Commissioner may endorse thereon.
[S. 21 substituted by s. 6 of Act 35 of 1973.]

22. Appeal to Minister
Whenever the Commissioner has refused an application made under this Part, or has in granting such an application imposed any conditions, the applicant may, within sixty days after the date on which the Commissioner has refused the application or has granted the application subject to conditions, as the case may be, appeal against the refusal or conditions to the Minister, who may confirm the refusal or conditions or direct the Commissioner to grant the application subject to such conditions as the Minister may determine.
[S. 22 substituted by s. 3 of Act 16 of 1978.]

23. Registers to be kept, documents to be retained and returns to be rendered by licensed dealers

(1) Every licensed dealer shall keep at the premises mentioned in his dealer's licence, such registers containing such particulars relating to arms or ammunition acquired or disposed of by him in the course of his business or relating to any licence or permit to be produced by him in terms of this Act, as may be prescribed.

(2) Every licensed dealer shall retain for such period as may be prescribed any signed request and any permit delivered to him in terms of section 35 (1) (b).

(3) Every licensed dealer shall render such returns relating to his business at such times and to such person as may be prescribed.

24. Inspection of licensed dealer's registers and stocks
Any licensed dealer shall at all reasonable times at the request of any policeman produce for inspection by such policeman any register kept or document retained by such dealer in terms of section 23 and any arms or ammunition he may have in stock.

PART IV IMPORTATION AND EXPORTATION OF ARMS AND AMMUNITION (ss 25-27)

25. Prohibition of importation or exportation of arms or ammunition without permit

(1) Subject to the provisions of subsection (2), no person shall, except on behalf of the State, import into or export from the Republic any arms or ammunition, including any arms or ammunition in transit through the Republic to any place outside the Republic, except under the authority of and in accordance with a permit issued under this Part.

        (2) The provisions of subsection (1) shall not apply in respect of-
                (a)     any arms or ammunition designed and intended solely for the slaughter of domestic animals;
                (b)     the importation of any arm by the holder of a licence issued under this Act to possess that arm or the importation, together with that arm, of ammunition capable of being fired therefrom
[Sub-s. (2) substituted by s. 4 of Act 16 of 1978.]

26. Issue of permits for importation or exportation of arms or ammunition

(1) On application in the prescribed manner by any person, any officer in the service of the State authorized by the Minister, may in his discretion, but subject to the directions of the Minister and the provisions of subsections (2) and (4) and section 33 (2) issue to such person free of charge a permit to import into or export from the Republic any arm or ammunition specified in the permit, at such time or within such period and subject to such conditions as may be so specified.

(2) Unless the Minister otherwise directs, no such permit shall be issued for the importation of any arm, excluding the barrel of a pistol, which has no manufacturer's serial number or any other number by which it may be identified, stamped or engraved on the metal of the arm.

(3) Any permit issued contrary to the provisions of subsection (2), shall be deemed not to have been issued.

(4) Whenever any officer has refused an application made under this section, or has in granting such an application imposed any conditions, the applicant may appeal against the refusal or conditions to the Minister, who may confirm the refusal or conditions or direct such officer to grant the application subject to such conditions as the Minister may determine.

27. Certain import permits temporarily deemed to be licences to possess arms
A permit issued under this Part for the importation of an arm by any person having such arm in his possession on entering the Republic, shall for such period as the officer issuing the permit may, in accordance with the directions of the Minister, endorse on the permit, be deemed to be a licence to possess such arm issued under Part I.

PART V MANUFACTURE OF ARMS AND AMMUNITION (ss 28-31)

28. Prohibition of unauthorized manufacture of arms
No person shall manufacture arms except-
(a) in a factory registered under the Machinery and Occupational Safety Act, 1983 (Act 6 of 1983); and
[Para. (a) substituted by s. 6 of Act 30 of 1990.]
(b) under the authority of and in accordance with a permit issued under this Part.

(2) Subsection (1) shall not apply to the loading or reloading of cartridges by the holder of a licence to possess an arm, for use in such arm.

29. Prohibition of unauthorized manufacture of ammunition

        (1) Subject to the provisions of subsection (2), no person shall manufacture ammunition or any explosive component of ammunition except-
                (a)     in an explosives factory licensed under the Explosives Act, 1956 (Act 26 of 1956); and
[Para. (a) substituted by s. 7 of Act 30 of 1990.]
                (b)     under the authority of and in accordance with a permit issued under this Part.

(2) Subsection (1) shall not apply to the loading or reloading of cartridges by the holder of a licence to possess an arm, for use in such arm.

30. Issue of permits for manufacture of arms or ammunition

(1) The Minister may, in his discretion, issue to any person free of charge a permit to manufacture arms or ammunition, subject to such terms, conditions, restrictions or directions (including directions as to the keeping of registers or rendering of returns) as may be specified in the permit.

(2) The Minister may, in his discretion, by notice in writing to the holder of a permit issued under subsection (1), vary the terms, conditions, restrictions or directions specified in the permit or cancel such permit.

31. Inspection of arms or ammunition factories
Any policeman or any other person authorized by the Minister may at any time enter any arms or ammunition factory and carry out such inspection as he may consider necessary in order to ascertain whether the requirements of a permit issued under section 30 have been or are being complied with.

PART VI MISCELLANEOUS PROVISIONS (ss 32-48)

32. Prohibition of unauthorized importation, supply or possession of certain firearms or classes of articles

       (1) Subject to the provisions of subsection (3), no person shall, except on behalf of the State or under the authority of and in accordance with a permit issued by the Minister in his discretion, import into the Republic, supply to any other person or have in his possession any armament, including-
                (a)     any cannon, recoilless gun or mortar, rocket launcher, machine gun or machine rifle or any similar armament, or any part, including a frame or body, thereof; or
[Para. (a) substituted by s. 13 (a) of Act 117 of 1992.]
                (b)     any projectile or rocket intended to be discharged from a cannon, recoilless gun or mortar, or rocket launcher, or any substance intended to propel or to assist in propelling any such projectile or rocket so discharged, or any grenade, bomb or similar missile, or any frame or body of any such projectile, rocket, grenade, bomb or missile; or
[Para. (b) substituted by s. 13 (a) of Act 117 of 1992.]
                (c)     any explosive or incendiary device or any part thereof; or
                (d)     an imitation of any article referred to in paragraphs (b) and (c); or
[Para. (d) substituted by s. 2 (a) of Act 79 of 1991.]
                (e)     ammunition intended to be fired from a machine gun or machine rifle or any similar armament.
[Para. (e) added by s. 2 (b) of Act 79 of 1991.]
[Sub-s. (1) substituted by s. 18 (a) of Act 60 of 1988.]

(2) Any permit referred to in subsection (1) shall be issued at the prescribed fees and may be issued subject to such conditions as may be specified therein.
[Sub-s. (2) substituted by s. 13 (b) of Act 117 of 1992.]

        (3) The provisions of subsection (1) shall not apply in respect of-
                (a)     ......
[Para. (a) deleted by s. 18 (b) of Act 60 of 1988.]
                (b)     any gun or part of a gun intended solely for the killing or capture of whales, or any projectile or part of a projectile intended solely to be discharged from such a gun, or any substance intended solely to propel or assist in propelling such a projectile.

(4) Whenever any person having in his possession any article under the authority of a permit issued under this section, becomes a disqualified person, any policeman may without warrant seize such article and shall upon seizure thereof dispose of such article in such manner as the Minister may direct.

        (5) (a) Any person who has knowledge that a person has in his possession an article referred to in subsection (1) (a), (b), (c) or (e) contrary to the provisions of this section, or that such an article is on or in any premises, including any building, dwelling, flat, room, office, shop, structure, vessel, aircraft or vehicle or any part thereof, shall, as soon as it comes to his knowledge, immediately report it or cause it to be reported to a policeman.
[Para. (a) substituted by s. 13 (c) of Act 117 of 1992.]
        (b) Whenever in any prosecution in terms of paragraph (a) it is proved that the accused has been in contact with a person who has or had in his possession an article referred to in subsection (1) (a), (b), (c) or (e) or that the accused has at any time been on or in any premises, including any building, dwelling, flat, room, office, shop, structure, vessel, aircraft or vehicle or any part thereof, on or in which such an article is found, it is prima facie proof that the accused-
                (i)     knew that that person was in possession of such an article; or
                (ii)    knew that such an article was on or in such premises; and
                (iii)   failed to make the report contemplated in paragraph (a).
[Sub-s. (5) added by s. 18 (c) of Act 60 of 1988 and substituted by s. 2 (c) of Act 79 of 1991.]

(6) ......
[Sub-s. (6) added by s. 18 (c) of Act 60 of 1988 and deleted by s. 2 (d) of Act 79 of 1991.]

(7) No prosecution shall be instituted under this section without the written consent of the Attorney-General.
[Sub-s. (7) added by s. 18 (c) of Act 60 of 1988.]

33. Powers which Minister may exercise in the interests of public safety or the maintenance of law and order or in order to prohibit or restrict importation or possession of certain articles

        (1) The Minister may, whenever he considers it to be necessary or expedient in the interests of public safety or the maintenance of law and order-
                (a)     by notice in the Gazette prohibit, regulate or restrict for any period specified in the notice-
                        (i)     the supply of all arms or ammunition or arms or ammunition of a class or other than a class so specified, in any area or elsewhere than in any area so specified;
                        (ii)    the transportation or removal of any such arms or ammunition from or to any place or area or any place or area other than a place or area so specified;
                (b)     by notice in the Gazette or, in the case of a particular licensed dealer or authorized manufacturer, by notice in writing, direct any particular licensed dealer or authorized manufacturer or all persons or licensed dealers, or authorized manufacturers or persons or licensed dealers or authorized manufacturers of a class or other than a class specified in the notice, at any place or in any area or elsewhere than at any place or in any area so specified, to surrender in accordance with directions contained in the notice, for safekeeping until such time as the Minister may determine, all arms or ammunition or arms or ammunition of a class or other than a class specified in the notice, which may be in possession of such particular dealer or manufacturer or such persons or dealers or manufacturers.

(2) The Minister may by notice in the Gazette prohibit or restrict the importation into the Republic or the possession or supply of any class of arm or any part thereof, or any class of ammunition (including poisoned or other arrows), or any article intended for use in connection with an arm, or any article resemblin