Wednesday, February 27, 2008

NEW PROPOSED DANGEROUS WEAPONS ACT

4 No. 30717 GOVERNMENT GAZElTE, 1 FEBRUARY 2008

PROPOSED NOTICE UNDER SECTIONS 2 AND 3 OF THE

DANGEROUS WEAPONS ACT, 1968 (ACT NO. 71 OF 1968)

GOVERNMENT NOTICE NO. Date:

1. Whereas I, Charles Nqakula, Minister for Safety and Security is of the

opinion that the objects specified in Schedule 1 are dangerous

weapons, I hereby -

(a) under section 2(2) of the Dangerous Weapons Act, 1968,

prohibit any person to be in possession at any time of any object

specified in Schedule 1 at any place to which the public

generally has access to, including any public road, railway

station or premises, or at any demonstration or gathering

defined in section 1 of the Regulation of Gatherings Act, 1993

(Act No. 205 of 1993);

(b) under section 3(1) of the Dangerous Weapons Act, 1968,

prohibit the manufacture, sale or supply of the objects specified

in Schedule 1 ; and

(c) under section 2(3) of the Dangerous Weapons Act, 1968,

prohibit the possession of any firearm as defined in section 1 of

the Firearms Control Act, 2000 (Act No. 60 of 2000), or any

replica of a firearm, whether legally possessed and carried in

accordance with the Firearms Control Act, 2000, or not, at any

gathering or demonstration as defined in section 1 of the

Regulation of Gatherings Act, 1993, any political rally or

meeting, or at any polling station during an election in terms of

the Electoral Act, 1998 (Act No. 73 of 1998);

STAATSKOERANT, 1 FEBRUARIE 2008 No. 30717 5

2. The prohibition in -

item 1 (a) shall be subject to the exemptions specified in

Schedule 2:

item 1 (b) shall be subject to the exemptions specified in

Schedule 3;

item l(c) shall be subject to the exemptions specified in

Schedule 4.

3. 1 hereby, under section 2(5) of the Dangerous Weapons Act, 1968,

repeal the previous notices issued under section 2 of the said Act,

specified in Schedule 5.

Signed at

Thousand and Eight.

on this day of Two

C. NQAKULA

MINISTER FOR SAFETY AND SECURITY

GOVERNMENT GAZE-E, 1 FEBRUARY 2008

SCHEDULE 1

OBJECTS WHICH ARE IN THE OPINION OF THE MINISTER

DANGEROUSWEAPONS

Projectile discharging devices which are designed to discharge a

projectile by means of compressed gas, compressed air or a spring,

electrically or manually and whish is likely to cause serious bodily injury

if used to commit an assault, including but not limited to BB guns,

airsoft guns, bows and arrows, spear-guns, blowpipes and darts,

hunting slings, slingshots and catapults.

Sword;

Bayonet;

Baton;

Spear or assegai;

Panga;

Cattle prod;

Flick knife;

Dagger;

Knuckle knife;

Trench knife;

Throwing blade;

Non-metal or ceramic knife;

Tonfa;

Throwing star;

Any knife other than knifes mentioned above, the blade of which

exceeds 10 centimetres; or

Any other article, which is not a firearm, and which is made or modified

to be used -

(a) to injure or disable a person;

(b) to cause a person to fear that someone will be injured or

disabled by that use; or

(c) for attack or defence in the practice of a martial sport, art or

similar discipline.

STAATSKOERANT, 1 FEBRUARIE 2008 No. 30717 7

SCHEDULE 2

EXEMPTIONS IN RESPECT OF THE PROHIBITION

IN ITEM l(a) OF THIS NOTICE

UNDER SECTION 2(2) OF THE ACT

1. Any conduct for the purposes only of making the objects referred to in

Schedule 1 available for one or more of the following purposes:

For the purpose of a museum or gallery;

for the purposes of theatrical performances and of rehearsals of

such performances;

for the production of films as referred to in the Films and

Publications Act, 1966:

for the production of television programmes;

for the pursuit of any lawful employment, duty or activity;

for the participation in any lawful sport, recreation or

entertainment;

for the legitimate collection, display or exhibition of weapons; or

for the possession for the sale or supply of objects specified in

Schedule 1, in accordance with this notice.

2. The possession of any object specified in Schedule 1, by any member

the South African Police Service as defined in section 1 of the

South African Police Service Act, 1995 (Act No. 68 of 1995);

the South African National Defence Force, as defined in section

1 of the Defence Act, 2002 (Act No. 42 of 2002);

the Department of Correctional Services, as defined in section 1

of the Correctional Services Act, 1998 Act No. 11 1 of 1998) ;

any peace officer defined in section 1 of the Criminal Procedure

Act, 1977 (Act No. 51 of 1977);

8 No. 30717 GOVERNMENT GAZETTE, 1 FEBRUARY 2008

(e) any metropolitan or municipal police officer contemplated in

section 64 of the South African Police Service Act, 1995 (Act

No. 68 of 1995); or

(f) a security service provider as defined in the Private Security-

Industry Regulation Act. 2001 (Act No. 56 of 2001),

in the performance of his or her duties, of any object determined

in Schedule 1.

SCHEDULE 3

EXEMPTIONS IN RESPECT OF THE PROHIBITION

IN ITEM l(b) OF THIS NOTICE

UNDER SECTION 3(2) OF THE ACT

Under section 3(2) of the Dangerous Weapons Act, 1968, the following

exemptions shall be applicable to the prohibition in paragraph l(2) of this

notice:

Any object specified in Schedule 1, may be sold or supplied only from a

registered business premises which does not include any open air, street or

flea market, on condition that it may be sold only -

(a) to a person who is older than 18 years;

(b) to a person who identifies himself or herself by means of a green

bar-coded identity document;

(c) if the transaction is recorded in a register kept for that purpose,

reflecting the full names, address and identity number of the buyer

and the purpose for which it is bought;

(d) if the register is kept available for inspection, and inspection thereof

by a police officer is allowed at any time during business hours;

(e) if the transaction is performed face-to-face and not by mail, post or

internet order;

STAATSKOERANT, 1 FEBRUARIE 2008 No. 30717 9

SCHEDULE 4

EXEMPTIONS IN RESPECT OF THE PROHIBITION

IN ITEM 1(C) UNDER SECTION 2(3) OF THE ACT

1. An imitation firearm which is brightly coloured in orange or green or a

combination thereof, or made of a transparent material; or to which is

permanently affixed a blaze orange plug inserted in the barrel thereof,

is exempted from the prohibition. Such plug shall be recessed no more

than six millimetres from the muzzle-end of the barrel of such imitation

firearm.

2. The possession of any object contemplated in item l(c) by a member

the South African Police Service as defined in section 1 of the

South African Police Service Act, 1995 (Act No. 68 of 1995);

the South African National Defence Force, as defined in section

1 of the Defence Act, 2002 (Act No 42 of 2002);

the Department of Correctional Services, as defined in section 1

of the Correctional Services Act, 1998 Act No. 11 1 of 1998) ;

any peace officer defined in section 1 of the Criminal Procedure

Act, 1977 (Act No. 51 of 1977);

any metropolitan or municipal police officer contemplated in

section 64 of the South African Police Service Act, 1995 (Act

No. 68 of 1995); or

a security service provider as defined to in the Private Security-

Industry Regulation Act, 2001 (Act No. 56 of 2001),

in the performance of his or her duties.

10 No. 3071 7 GOVERNMENT GAZElTE, 1 FEBRUARY 2008

SCHEDULE 5

NOTICES REPEALED

The following notices are repealed under section 2(5) of the Dangerous

Weapons Act, 1 968:

1 929 1 13883 / 19 March 1 992 I

Notice No. Government Gazette No.

1487

Date

1633

17413 2 September 1996

17490 1 October 1996

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