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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been repealed by section 153 of the Firearms Control Act 60 of 2000, which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 resembling an arm, or any instrument capable of being
used for propelling any substance or article, mentioned in the notice.
(3) The Minister may by like notice amend or cancel any notice
issued under this section.
(4) Proclamation R343 of 1960 shall be deemed to be a notice issued
under subsection (2) for the Republic.
[Sub-s. (4) substituted by s. 1 of Act
56 of 1991.]
33A.
Powers which Minister may exercise to authorize possession of and
dealing in arms and ammunition
(1) The Minister may by notice in the Gazette determine that any
authorization to possess arms and ammunition, or to deal therein, which is
valid in a country other than the Republic, be deemed to be a valid
authorization in the Republic.
(2) An authorization in terms of subsection (1) shall be granted
subject to the provisions of this Act and any other Act of the Republic as
well as any further terms, conditions, restrictions or directions which
the Minister may deem fit.
(3) The Minister may from time to time by notice in the Gazette
repeal, amend, substitute or suspend a notice in terms of subsection (1).
[S.
33A inserted by s. 19 of Act 60 of 1988.]
34.
Exemption from certain provisions of laws relating to explosives
The
prohibition contained in the Explosives Act, 1956 (Act 26 of 1956),
against selling or dealing in or the importation of explosives without
being in possession of or obtaining any licence, permit or authority,
shall not apply to the sale of or dealing in or importation of ammunition
in accordance with a dealer's licence or any permit or authority granted
under this Act.
[S. 34 substituted by s. 8 of Act 30 of 1990.]
35.
Prohibition of unauthorized supply of arms or ammunition
(1) Subject to the provisions of sections 8 and 45, no person shall
supply to any other person not being a licensed dealer-
(a)
any arm, frame, receiver or magazine of an arm, or cylinder of a
revolver, unless such other person has produced to the supplier a licence
or authorization to possess that arm, or holds a licence to possess an arm
with which that frame, receiver, magazine or cylinder can be used;
[Para.
(a) substituted by s. 20 (a) of Act 60 of 1988.]
(b)
any ammunition-
(i)
unless such other person has produced to the supplier a licence,
permit or authorization to possess an arm capable of firing the ammunition
supplied and-
(aa)
he has delivered to the supplier a request for the supply of the
ammunition signed by the holder of the licence, permit or authorization so
produced; or
(bb)
the holder of that licence, permit or authorization has signed the
prescribed register opposite the prescribed particulars required to be
entered in the said register in connection with the supply; or
[Sub-para.
(i) substituted by s. 5 of Act 16 of 1978 and by s. 20 (b) of Act 60 of
1988.]
(ii)
unless such other person has delivered to the supplier a permit
issued under subsection (2) for the acquisition of the ammunition
supplied; or
(iii)
unless the ammunition is a reasonable quantity supplied to such
other person by any person permitting him, in accordance with the
provisions of section 8, to be in possession of an arm capable of firing
the ammunition supplied.
(2) Subject to the discretions of the Minister, the Commissioner or
any person acting under this authority may issue free of charge to any
officer in the service of the State, who is in possession of an arm by
virtue of his office, a permit to acquire for his own use such quantity of
ammunition for such arm as may be specified in the permit.
36.
Prohibition of possession of ammunition in certain circumstances
Subject to the provisions of sections 37 (2) and 45, no person shall
be in possession of any ammunition unless he is in lawful possession of an
arm capable of firing that ammunition.
37.
Possession of arms or ammunition by juveniles
(1) No person shall permit or enable a juvenile under the age of
sixteen years to be in possession of an arm or ammunition.
(2) Whenever any such juvenile is in possession of any arm or
ammunition, it may be seized by any policeman or by any person over the
age of twenty-one years who or whose employer is the owner or lawful
occupier of the land on which the juvenile is in possession of the arm or
ammunition.
(3) Any arm or ammunition so seized shall be delivered forthwith by
the person seizing it, to the officer in charge of a police station and
shall be forfeited to the State, unless the owner thereof has, within a
period of three months from the date it was so delivered satisfied the
Commissioner that he was unable to prevent the juvenile from obtaining
possession of the arm or ammunition or that the seizure was contrary to
the provisions of this section.
(4) If in any proceedings arising from the application of this
section-
(a)
it is alleged that any person was in possession of any arm or
ammunition at any particular time when he was under the age of sixteen
years, such person shall, upon proof of possession by him of such arm or
ammunition, be presumed then to have been under the age of sixteen years,
until the contrary is proved;
(b)
it is alleged that any person permitted or enabled any juvenile
under the age of sixteen years to be in possession of an arm or
ammunition, such person shall, upon proof of possession by the juvenile of
such arm or ammunition, be presumed to have permitted or enabled the
juvenile to be in possession of such arm or ammunition, until it is proved
that he was unable to prevent the juvenile from obtaining possession of
the arm or ammunition.
(5) ......
[Sub-s. (5) deleted by s. 14 of Act 117
of 1992.]
(6) Notwithstanding anything in this section contained the
Minister may at any time order that any arm or ammunition seized under
this section shall be returned to the owner thereof.
38.
Loss of arms to be reported to police
Whenever any arm in the possession of any person is lost, stolen or
destroyed, he shall within 24 hours after having reasonably become aware
of the loss, theft or destruction of the arm, report such loss, theft or
destruction in person or through a person authorized thereto by him, to a
policeman on duty at a police station, and shall, at the request of such
policeman, furnish him with such particulars relating to the arm, the
place where and the time when it was lost, stolen or destroyed as the
policeman may require.
[S.
38 substituted by s. 21 of Act 60 of 1988 and by s. 15 of Act 117 of
1992.]
38A.
Requirements as to arms in public place
No person shall in a public place have with him any arm, unless-
(a)
in the case of a pistol or revolver, he carries such arm in his
pocket in such a way that it is completely covered, or carries it in a
holster or similar holder designed, manufactured or adapted for the
carrying of a pistol or revolver and attached to his person, or carries it
in a handbag or attaché‚ case, or in a rucksack or similar holder;
(b)
in the case of any other arm, such arm is carried in a holder
designed, manufactured or adapted for the carrying of such arm in such a
way that it is completely covered, and
in such a manner that he at all times has and can exercise effective
control over such arm.
[S.
38A inserted by s. 6 of Act 19 of 1983, amended by s. 9 of Act 30 of 1990
and substituted by s. 3 of Act 79 of 1991.]
38B.
Destruction of arms
An arm shall only be destroyed with the written consent of the
Commissioner and in the manner he may determine.
[S.
38B inserted by s. 22 of Act 60 of 1988.]
39.
Offences and penalties
(1) Any person who-
(a)
forges or utters, knowing it to be forged, or makes any
unauthorized alteration in any licence, permit, certificate, authority or
other document issued under or provided for in this Act; or
(b)
makes any false entry in any register to be kept under section 23
or furnishes any false information in any return to be rendered under this
section; or
(c)
obstructs or hinders any person in the performance of any duty
under this Act; or
(d)
contravenes or fails to comply with any provision, direction or
requirement of any notice issued under this Act; or
(e)
fails to comply with or performs any act contrary to the terms,
conditions, restrictions or directions subject to which any licence,
permit or authority has been issued or granted to him under this Act; or
(f)
for the purpose of obtaining, whether for himself or for any other
person, any licence, permit or authority under this Act, makes any
statement or representation knowing it to be false or not knowing or
believing it to be true; or
(g)
fails to comply with a request made under section 9, 24 or 38; or
(h)
contravenes or fails to comply with any provisions of this Act; or
[Para.
(h) substituted by s. 6 (a) of Act 16 of 1978.]
(i)
wilfully points any arm, air rifle or air revolver at any other
person; or
[Para. (i) inserted by s. 6 (b) of Act
16 of 1978.]
(j)
fails to lock away in the prescribed safe, strong-room, device,
apparatus or instrument for the safe-keeping of an arm in his lawful
possession when such arm is not carried on his person or is not under his
direct control; or
[Para. (j) inserted by s. 7 (b) of Act
19 of 1983 and substituted by s. 23 (a) of Act 60 of 1988.]
(k)
while in lawful possession of an arm, loses such arm, or from whom
it is stolen owing to that person's failure-
(i)
to lock the arm away in the prescribed safe, strong-room, device,
apparatus or instrument for the safe-keeping of an arm; or
(ii)
to take reasonable steps to prevent the loss or theft of the arm
while the arm was on his person or under his direct control; or
[Para. (k) inserted by s. 7 (b) of Act
19 of 1983 and substituted by s. 23 (b) of Act 60 of 1988.]
(l)
discharges an arm and thereby negligently injures, endangers the
life or limb of another person or damages property of any other person, or
who handles an arm in any negligent manner, whether that arm discharges or
not; or
[Para. (l) inserted by s. 23 (c) of Act
60 of 1988 and substituted by s. 10 (a) of Act 30 of 1990.]
(m)
handles an arm while he is under the influence of liquor or a drug
which has narcotic effect, or supplies an arm to a person whom he knows or
should reasonably suspect to be under the influence of liquor or a drug
which has a narcotic effect; or
[Para.
(m) inserted by s. 23 (c) of Act 60 of 1988.]
(n)
other than in the exercise of any power or the performance of any
duty granted to or imposed upon him under or by virtue of the provisions
of any law, or under circumstances where such action is justified under
the common law, discharge an arm in or on any public place or on any
public road, or any other place or road to which the public or a part
thereof has access,
[Para. (n) added by s. 16 (b) of Act
117 of 1992.]
shall be guilty of an offence.
(2) Any person convicted of an offence under this Act shall,
subject to the provisions of subsection (3), be liable-
(a)
in the case of-
(i)
a contravention of section 2, on account of being in possession of
more than one arm other than an arm referred to in paragraph (a) or (b) of
the definition of
'arm' or an arm of a calibre not exceeding .22 of an inch or a
shotgun of a calibre not exceeding .410 of an inch;
(ii) and (iii)......
[Sub-paras. (ii) and (iii) deleted by
s. 23 (d) of Act 60 of 1988.]
(iv)
a contravention of section 36, on account of being in possession of
more than one hundred rounds of ammunition intended for firing in an arm
contemplated in paragraph (a) (i) of this subsection, to
imprisonment for a period not exceeding ten years;
(aA)
in the case of a contravention of or failure to comply with-
(i)
any provision of subsection (1) of section 32 in relation to-
(aa)
any armament mentioned in paragraph (a), (b) or (c) of the said
subsection (1) of a kind, class or make determined by the Minister by
notice in the Gazette, to imprisonment for a period not exceeding 25
years, but shall be sentenced to imprisonment for a period of not less
than 5 years;
(bb)
any armament other than any armament determined under subparagraph
(aa), to imprisonment for a period not exceeding 25 years; and
(ii)
any other provision of the said section 32, to imprisonment for a
period not exceeding 25 years;
[Para. (aA) inserted by s. 4 (a) of Act
79 of 1991 and substituted by s. 1 of Act 65 of 1993.]
(b)
in the case of-
(i)
a contravention of or failure to comply with any provision of
section 2 (not being a contravention referred to in paragraph (a) (i) of
this subsection), 18, 25, 28, 29, 35 (not being a contravention referred
to in paragraph (a) (iii) of this subsection) or 36 (not being a
contravention referred to in paragraph (a) (iv) of this subsection);
(ii)
a contravention of or failure to comply with any provision,
direction or requirement of a notice issued under section 33;
(iii)
an offence referred to in subsection (1) (a), (b), (e), (f),
(j) or (k),
[Sub-para.
(iii) substituted by s. 23 (e) of Act 60 of 1988.]
to a fine not exceeding R12000 or to imprisonment for a period not
exceeding three years or to both such fine and such imprisonment, or, in
the case of a second or subsequent conviction for an offence referred to
in this paragraph, to imprisonment for a period not exceeding five years;
[Para. (b) amended by s. 10 (b) of Act
30 of 1990.]
(c)
in the case of a contravention of or failure to comply with any
provision of section 38A, to a fine not exceeding R2 000 or to
imprisonment for a period not exceeding six months or to both such fine
and such imprisonment;
[Para. (c) amended by s. 23 (f) of Act
60 of 1988 and by s. 10 (c) of Act 30 of 1990 and substituted by s. 4 (b)
of Act 79 of 1991.]
(d)
in the case of a contravention of any other provision of this Act,
to a fine not exceeding R4 000 or to imprisonment for a period not
exceeding one year or to both such fine and such imprisonment.
[Para.
(d) substituted by s. 23 (g) of Act 60 of 1988, amended by s. 10 (d) of
Act 30 of 1990 and substituted by s. 4 (c) of Act 79 of 1991.]
(3) The court convicting any person of an offence under this Act
may, in addition to any punishment imposed for such offence-
(a)
declare the convicted person's rights to any article in respect of
which the offence has been committed, to be forfeited to the State;
(b)
if the convicted person is the holder or joint holder of a dealer's
licence, cancel such licence.
40.
Presumptions
(1) Whenever in any prosecution for being in possession of any
article contrary to the provisions of this Act, it is proved that such
article 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, any person who at that time was on or in
or in charge of or present at or occupying such premises, shall be
presumed to have been in possession of that article at that time, until
the contrary is proved.
(2) Whenever in any prosecution for failure to report the loss,
theft or destruction of any arm as required by section 38, it is proved
that the accused person was at any time in possession of or is the holder
of a licence or authorization to possess the arm alleged to have been
lost, stolen or destroyed, it shall be presumed, until the contrary is
proved-
(a)
that such arm has been lost, stolen or destroyed, if it is proved
that he failed to produce the arm at the request of a policeman;
(b)
that he has failed to report the loss, theft or destruction of the
arm as so required, if it is proved that such arm has been lost, stolen or
destroyed.
[Sub-s.
(2) amended by s. 24 (a) of Act 60 of 1988.]
(3) Whenever in any prosecution on account of the loss or theft of
an arm in terms of section 39 (1) (k) it is proved that the accused person
is the holder of an authorization or a licence to possess the arm alleged
to have been lost or stolen, it shall be presumed, until the contrary is
proved-
(a)
that such arm has been lost or stolen, if it is proved that the
accused failed to produce the arm at the request of a policeman;
(b)
that the loss or theft is due to-
(i)
the accused's neglect to lock the arm away in the prescribed safe,
strong-room, device, apparatus or instrument for the safe-keeping of an
arm; or
(ii)
his neglect, while the arm was on his person or under his direct
control, to take reasonable steps to prevent the loss or theft thereof.
[Sub-s. (3) added by s. 24 (b) of Act
60 of 1988.]
41.
Powers of policeman to search and seize
(1) If any policeman has reason to believe-
(a)
that an offence under this Act has been committed by means of or in
respect of any article which he has reason to believe to be in or at or on
any place, including any premises, building, dwelling, flat, room, office,
shop, structure, vessel, aircraft or vehicle or any part thereof, or to be
in possession of any person;
(b)
that any person whom he has reason to believe to be a person
contemplated in section 11 (1), is in possession of or has, at any place
as aforesaid, access to any arm or ammunition;
(c)
that any arm or ammunition he has reason to believe to be required
for the investigation of any offence or alleged offence, is in or at or on
any place as aforesaid or in the possession of any person, such policeman
may at any time without warrant enter upon and search such place or search
such person and seize any such article or arm or ammunition.
(2) In searching a woman the provisions of section 29 of the
Criminal Procedure Act, 1977 (Act 51 of 1977), shall mutatis mutandis
apply.
[Sub-s. (2) substituted by s. 11 (a) of
Act 30 of 1990.]
(3) Any article or arm or ammunition seized-
(a)
under subsection (1) (a) shall be dealt with as if it has been
seized under the provisions of the said Criminal Procedure Act;
[Para. (a) substituted by s. 11 (b) of
Act 30 of 1990.]
(b)
under subsection (1) (b) shall be dealt with as if it had been
seized in pursuance of a warrant issued under section 11 (2);
(c)
under subsection (1) (c) may be retained by any policeman for a
period not exceeding thirty days, whereupon it shall be returned to the
person entitled thereto or be dealt with as provided in paragraph (a) of
this subsection.
41A.
Fingerprints
Any person who makes any application in terms of this Act shall have
his fingerprints taken in the prescribed manner if the Commissioner deems
it necessary.
[S.
41A inserted by s. 25 of Act 60 of 1988.]
41B.
Extension of period for noting of appeals
In any case where any person may in terms of a provision of this Act
appeal to the Minister within a specified period, the Minister may on
written application of the appellant, whether before or after the
expiration of such period, grant permission that the appeal may be so
brought within a specified extended period, if the Minister is convinced
that it is or was impossible for the appellant to comply with the relevant
provision as to time, or that there is any other sound reason why the
appellant cannot or could not comply with such provision.
[S. 41B inserted by s. 17 of Act 117 of
1992.]
42.
Register to be kept by Commissioner and proof of entries in register
(1) The Commissioner shall keep a register in which he shall cause
to be recorded such particulars as may be prescribed or as may from time
to time be determined by the Minister, in respect of such matters to which
this Act applies or relating to the forfeiture or disposal of arms or
ammunition under any other law or relating to arms or ammunition in
general as may be prescribed or as may be so determined.
(2) A certificate purporting to be signed by the Commissioner or
any person acting under his authority stating any fact recorded in the
register referred to in subsection (1), shall for all purposes be prima
facie proof of the fact so stated.
43.
Regulations
(1) Subject to the provisions of subsection (2), the Minister may
make regulations relating to-
(a)
the manner in which application shall be made under this Act for
any certificate of competence or licence or for a copy or transfer thereof
or for endorsement of a dealer's licence in the event of change of
licensed premises or for any permit, including-
(i)
the particulars or information to be furnished in the application;
(ii)
any documents which shall accompany any such application or shall
be produced when making any such application;
(iii)
the production of any arm to which any application relates for the
purpose of identification, and the firing of ammunition for identification
purposes; and
(iv)
the person to whom an application shall be submitted;
[Para. (a) substituted by s. 26 (a) of
Act 60 of 1988 and by s. 18 (a) of Act 117 of 1992.]
(aA)
the form of the authorization referred to in section 3 (5), the
period for which an arm may be possessed by virtue of such an
authorization and the manner in which such an authorization may be
withdrawn;
[Para. (aA) inserted by s. 7 (a) of Act
35 of 1973.]
(b)
the fees payable for certificates of competence and licenses for
different classes of arms issued under Part I, or for dealers' licences or
renewals or transfers thereof, or on the noting of appeals in terms of
section 14 (1), or for permits in terms of section 45 (5), or for copies
thereof, the manner in which such fees shall be paid, and the
circumstances under which and the conditions subject to which exemptions
may be granted to individual persons or categories of persons in respect
of the payment of any such fees;
[Para. (b) substituted by s. 26 (b) of
Act 60 of 1988, by s. 12 (a) of Act 30 of 1990 and by s. 4 (a) of Act 177
of 1993.]
(bA)
the manner in which an appeal shall be noted in terms of section 14
(1);
[Para. (bA) inserted by s. 12 (b) of
Act 30 of 1990.]
(c)
the registers to be kept by licensed dealers, the particulars to be
entered in such registers and the period for which licensed dealers shall
retain such registers or any documents to be retained in terms of section
23 (2);
(d)
the returns to be rendered by licensed dealers and the times at
which and persons to whom such returns shall be rendered;
(e)
the particulars to be recorded in the register to be kept by the
Commissioner under this Act and the matters in respect of which such
particulars shall be recorded;
(f)
the surrender and disposal of permits, licences, authorizations or
certificates of competence issued under this Act which have been cancelled
or suspended or have ceased to be valid;
[Para. (f) substituted by s. 26 (c) of
Act 60 of 1988.]
(g)
the registration of and the payment of an annual registration fee,
the keeping of registers and the rendering of returns by gunsmiths and the
conditions subject to which they may carry on their trade;
[Para.
(g) substituted by s. 7 (b) of Act 35 of 1973.]
(h)
the notification of a permanent change in the ordinary place of
residence or the postal address of the holder of a licence to possess an
arm;
[Para. (h) inserted by s. 25 of Act 80
of 1971.]
(i)
the transportation of arms or ammunition;
[Para. (i) inserted by s. 25 of Act 80
of 1971.]
(j)
the storage of arms and ammunition by licensed dealers and
registered gunsmiths;
[Para. (j) inserted by s. 7 (c) of Act
35 of 1973.]
(k)
the acquisition, disposal, possession, importation or exportation
of equipment and material designed for the charging or recharging of
ammunition;
[Para.
(k) inserted by s. 7 of Act 16 of 1978.]
(kA)
the declaration of persons or categories of persons as collectors
of arms and ammunition, bona fide sportsmen or bona fide hunters, subject
to such terms, conditions, restrictions, directions or exemptions as may
be determined, including the particulars or information to be furnished by
such persons in an application to possess arms and ammunition, any
documents which shall accompany such application, the registration of such
persons and the acquisition and disposal of arms or ammunition by such
persons;
[Para. (kA) inserted by s. 18 (b) of
Act 117 of 1992.]
(kB)
the persons who acquire arms and ammunition by way of inheritance,
subject to such terms, conditions, restrictions, directions or exemptions
as may be specified;
[Para. (kB) inserted by s. 18 (b) of
Act 117 of 1992.]
(kC)
the reporting by any person in his capacity as executor,
administrator, trustee or liquidator of the estate of the former owner of
arms and ammunition, of such arms and ammunition;
[Para. (kC) inserted by s. 18 (b) of
Act 117 of 1992.]
(l)
the period and conditions of office, remuneration and allowances of
the members of the Appeal Board;
[Para.
(l) inserted by s. 26 (d) of Act 60 of 1988.]
(m)
the quorum for, the procedure at and the holding of meetings of the
Appeal Board;
[Para. (m) inserted by s. 26 (d) of Act
60 of 1988.]
(n)
the requirements with which safes, strong-rooms, devices,
apparatuses or instruments for the safe-keeping of an arm as contemplated
in sections 3 (6) and 39 (1) (j), (k) and (l) shall comply;
[Para. (n) inserted by s. 26 (d) of Act
60 of 1988.]
[NB: Paras. (nA) and (nB) have been inserted by s. 4 (b) of the Arms and
Ammunition Second Amendment Act 177 of 1993, a provision which, in so far
as it relates to the insertion of these two paragraphs, will be put into
operation by proclamation. See PENDLEX.]
(nC)
(i)
shooting-ranges defined by the Minister for the purposes of this
paragraph, the control and regulation of shooting-ranges, whether indoors
or in the open, the approval of persons employed at such ranges, the
standards and safety requirements with which such ranges shall comply, the
places where such ranges may or may not be established, and the types of
arms and ammunition which may be used thereat;
(ii)
the periods within which existing ranges shall comply with the
requirements of the regulations referred to in subparagraph (i); and
(iii)
the closure of ranges which do not comply with the prescribed
requirements or at which such requirements are not being complied with.
[Para. (nC) inserted by s. 4 (b) of Act
177 of 1993.]
(o)
all matters which in terms of this Act are required or permitted to
be prescribed,
[Para. (o) inserted by s. 26 (d) of Act
60 of 1988.]
and generally, relating to all matters
which the Minister considers it to be necessary or expedient to prescribe
for achieving the objects of this Act.
(2) Any regulation under subsection (1) (b), and any regulation
under subsection (1) (g) relating to the payment of fees, shall be made by
the Minister acting in consultation with the Minister of Finance.
[Sub-s. (2) substituted by s. 7 (d) of
Act 35 of 1973.]
(3) Different regulations, other than regulations under subsection
(1) (b), may be made with reference to different areas in the Republic.
44.
Delegation of functions
(1) The Minister may delegate any function, power or duty
conferred, imposed upon or assigned to him under this Act to the Appeal
Board, the Commissioner or a member of the South African Police.
(2) The Commissioner may, with the approval of the Minister,
delegate any function, power or duty conferred, imposed upon or assigned
to him by or under this Act to any member of the South African Police or
to any person in the full-time service of the State.
(3) Any delegation under subsection (1) or (2) shall not prevent
the exercise of the relevant function, power or duty by the Minister or
the Commissioner, as the case may be.
(4) Any function, power or duty performed or carried out by the
person delegated by the Minister or the Commissioner, as the case may be,
which has not been disposed of, and which relates to a function, power or
duty performed or carried out by the Minister or the Commissioner, lapses,
unless and to the extent to which the Minister or the Commissioner may
otherwise determine.
[S.
44 substituted by s. 27 of Act 60 of 1988.]
45.
Savings
(1) The foregoing provisions of this Act, other than the provisions
of Part II and section 39, shall not apply to the possession or supply of
arms or ammunition-
(a)
by any person on behalf of the State;
(b)
by any person in his capacity as a person in the service of the
State;
(c)
by any person for the purposes of the Defence Act, 1957 (Act 44 of
1957).
[Sub-s.
(1) substituted by s. 5 (a) of Act 79 of 1991.]
(2) The provisions of section 2, 35 and 36 shall not apply-
(a)
to the possession or supply of any arm or ammunition-
(i)
by any person in his capacity as a person in the service of such
State-aided body or institution as the Minister may from time to time
determine;
(ii)
designed and intended solely for the slaughter of domestic animals;
(iii)
......
[Sub-para. (iii) deleted by s. 13 of
Act 30 of 1990.]
(b)
to the possession of arms or ammunition-
(i)
by any person in the ordinary course of his business or the
business of his employer as licensed dealer, authorized manufacturer or
gunsmith;
[Sub-para. (i) substituted by s. 28 (a)
of Act 60 of 1988.]
(ii)
by any person or persons who convey or store arms under the written
consent of the Commissioner and in the manner which he may determine;
[Sub-para. (ii) substituted by s. 28
(b) of Act 60 of 1988.]
(iii)
by any person in his capacity as executor, administrator, trustee
or liquidator of the estate of the former owner thereof;
(iv)
......
[Sub-para. (iv) deleted by s. 28 (c) of
Act 60 of 1988.]
(v)
by the seller for the purposes of any sale contemplated in section
18 (3);
(vi)
by any person under the authority of a permit issued by the
Minister;
(c)
to the supply of arms or ammunition to any person who may by virtue
of the provisions of paragraph (b) have such arms or ammunition in his
possession.
(2A) The provisions of section 38A (b) shall not apply in respect
of-
(a)
any person rendering a security service as defined in section 1 of
the Security Officers Act, 1987 (Act 92 of 1987);
(b)
any employee rendering services on behalf of his employer for the
protection or safeguarding of persons or property.
[Sub-s.
(2A) inserted by s. 5 (b) of Act 79 of 1991.]
(3) The foregoing provisions of this Act shall not apply to the
possession, supply, importation, export or manufacture of or dealing in
arms or ammunition or any explosive component of ammunition or any object
referred to in section 32 (1) in the performance of its or his functions
or duties by the Armaments Board referred to in the Armaments Act, 1964
(Act 87 of 1964), or by the Armaments Development and Production
Corporation of South Africa, Limited, referred to in the Armaments
Development and Production Act, 1968 (Act 57 of 1968), or by any company
promoted by the said corporation or by any member, director, officer,
employee or agent of the said board, corporation or company.
(4) Notwithstanding anything to the contrary in this Act contained
it shall be permissible for any person over the age of 21 years who is in
lawful possession of an arm, to allow a person under the age of 16 years
to use such arm under his immediate supervision.
[Sub-s.
(4) substituted by s. 8 of Act 19 of 1983.]
(5) The provisions of sections 35 and 36 shall not apply to the
possession or the supply of ammunition if it is possessed or supplied
under a permit issued in the discretion of the Commissioner and on payment
of the prescribed fee.
[Sub-s.
(5) added by s. 28 (d) of Act 60 of 1988.]
45A.
Special provisions relating to the surrender of arms, ammunition
and armament in unlawful possession to the State
(1) The Minister may from time to time by notice in the Gazette
determine a period during which any person who is in possession of any
arm, ammunition or armament in contravention of the provisions of this
Act, may surrender that arm, ammunition or armament at a place and to a
person or the holder of an office mentioned in that notice.
(2) No person-
(a)
who has surrendered any arm, ammunition or armament in terms of a
notice referred to in subsection (1), shall be prosecuted for a
contravention of a provision of this Act for having been in possession of
such arm, ammunition or armament prior to such surrender, without having
held a licence or permit for such possession or, in respect of ammunition,
without having been in lawful possession of an arm capable of firing such
ammunition;
(b)
shall, after the surrender of any armament, be prosecuted for a
contravention of a provision of this Act for not having reported to a
policeman that he or she had knowledge of the unlawful possession of such
armament by any other person or the presence of such armament in or on any
premises.
(3) If a person who has surrendered any such arm in terms of a
notice referred to in subsection (1), having made application, obtains a
licence under this Act to possess such arm, that arm and any ammunition
surrendered with it shall on production of such licence be returned to
that person.
(4) The Commissioner shall, in such manner as the Minister may
direct, dispose of any arm, ammunition or armament surrendered in terms of
any such notice, except an arm in respect of which a licence has not been
finally refused and any ammunition surrendered with that arm.
[S.
45A inserted by s. 2 of Act 7 of 1995.]
46.
Repeal of laws
(1) Subject to the provisions of subsections (2) and (3), the laws
specified in the Schedule are hereby repealed to the extent shown in the
third column thereof.
(2) Any person declared to be unfit to possess an arm under the
provisions of any law repealed by this Act, shall be deemed to have been
declared unfit to possess an arm under Part II of this Act.
(3) Any permit issued under any provision of any law repealed by
this Act shall be deemed to have been issued under the corresponding
provision of this Act.
47.
......
[S.
47 repealed by s. 1 of Act 56 of 1991.]
48.
Short title and date of commencement
This Act shall be called the Arms and Ammunition Act, 1969, and shall
come into operation on a date to be fixed by the State President by
proclamation in the Gazette.
Schedule
1
[Schedule
renumbered by s. 29 of Act 60 of 1988.]
| No. and
year of law |
Short
Title |
Extent
of Repeal |
| Act No. 28 of 1937 |
Arms and Ammunition Act,
1937 |
The whole |
| Act No. 28 of 1948 |
Finance Act, 1948 |
Section 5 |
| Act No. 32 of 1952 |
General Law Amendment Act,
1952 |
Sections 15 to 19 |
| Act No. 2 of 1956 |
Arms and Ammunition
Amendment Act, 1956 |
The whole |
| Act No. 68 of 1957 |
General Law Amendment Act,
1957 |
Sections 33 to 35 |
| Act No. 39 of 1961 |
General Law Amendment Act,
1961 |
Sections 1 to 3 |
| Act No. 93 of 1962 |
General Law Further
Amendment Act, 1962 |
Sections 16 to 22 |
| Act No. 80 of 1964 |
General Law Amendment Act,
1964 |
Section 3 |
| Act No. 64 of 1965 |
Arms and Ammunition
Amendment Act, 1965 |
The whole |
| |
South West Africa |
|
| Proclamation No. 28 of
1938 |
Arms and Ammunition
Proclamation, 1938 |
The whole |
| Proclamation No. 32 of
1938 |
Arms and Ammunition
Supplementary Proclamation, 1938 |
The whole |
| Proclamation No. 20 of
1940 |
Arms and Ammunition
Amendment Proclamation, 1940 |
The whole |
| Proclamation No. 9 of 1941 |
Arms and Ammunition
Amendment Proclamation, 1941 |
The whole |
| Proclamation No. 22 of
1943 |
Arms and Ammunition
Amendment Proclamation, 1943 |
The whole |
| Proclamation No. 27 of
1950 |
Arms and Ammunition
Amendment Proclamation, 1950 |
The whole |
| Ordinance No. 11 of 1954 |
General Laws Amendment
Ordinance, 1954 |
Sections 22 and 23 |
| Ordinance No. 4 of 1955 |
South-West Africa Native
Affairs Administration Ordinance, 1955 |
Item (3) of Part II of the
Second Schedule |
| Ordinance No. 20 of 1956 |
Arms and Ammunition
Amendment Ordinance, 1956 |
The whole |
| Ordinance No. 22 of 1958 |
General Law Amendment
Ordinance, 1958 |
Sections 25, 26 and 27 |
| Ordinance No. 13 of 1962 |
General Law Amendment
Ordinance, 1962 |
Sections 4 and 5 |
| Ordinance No. 20 of 1966 |
Arms and Ammunition
Amendment Ordinance, 1966 |
The whole |
Schedule
2
[Schedule 2 added by
s. 29 of Act 60 of 1988 and amended by s. 13 of Act 30 of 1990 and by s.
19 of Act 117 of 1992.]
Section
12
High
treason
Sedition
Terrorism
Subversion
Sabotage
Public violence
Intimidation
Murder
Malicious injury to property
Rape
Assault
Robbery
Theft of game
Breaking or entering any premises, whether under the common law or a
statutory provision, with the intent to commit an offence.
Kidnapping
Childstealing
Culpable homicide
Any conspiracy, incitement or attempt to commit any offence referred to in
this Schedule.
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