AMENDMENTS TO EXPLOSIVES BILL, 2003

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AMENDMENTS TO EXPLOSIVES BILL, 2003

• PRESENTATION TO THE PORTFOLIO COMMITTEE FOR
  SAFETY AND SECURITY
• CAPE TOWN
• 9 April 2003

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BACKGROUND

• The National Assembly approved the Explosives
  Bill, 2003.
• The Select Committee for Security and
  Constitutional Affairs of the NCOP recommended
  certain amendments to the Bill.
• The NCOP, on 25 March 2003, agreed to the Bill,
  in terms of section 75 of Constitution, subject
  to the proposed amendments.
• Amendments now to be considered by Portfolio
  Committee and National Assembly for final adoption

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PROPOSED AMENDMENTS, Clause 1

• Chief Inspector of Explosives requested that the
  definition of explosion be amended to read
• explosion means a chemical reaction involving
  the production of gasses at such a speed,
  temperature and pressure as is likely to cause
  damage to the surroundings.
• The recommendation is based on technical
  motivation following continued interaction with
  the explosives industry. It is inline with
  legislation in other countries, such as Canada.

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PROPOSED AMENDMENTS, Clause 22

• On page 11, in line 32, to omit discharges or
  detonates and substitute discharges, detonates
  or initiates.
• The effect of this amendment is that Clause 22(2)
  will read as follows
• (2) Any person who intentionally delivers,
  places, discharges, detonates or initiates
  explosives with intent to cause death or serious
  bodily injury to any other person or to damage or
  destroy any place, facility or system is guilty
  of an offence.
• Motivation is technical in nature, and text
  reflects all manners in which explosion may be
  caused.

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PROPOSED AMENDMENTS, Clause 23

• On page 12, from line 1, to omit paragraph (a)
  and to substitute
• (a) explosives includes any container,
  apparatus, instrument, incendiary device or any
  part thereof or article which contains any
  inflammable substance which has been adapted so
  that it can be used to cause an explosion or
  fire and
• Motivation To align the formulation of the
  definition of explosives with that in Clause 28,
  see motivation in respect of Clause 28.

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PROPOSED AMENDMENTS,Clause 28

• On page 14, after line 32, to insert the
  following subsection
• (5)(a) In the absence of evidence to the
  contrary which raises reasonable doubt, any
  person found in possession of explosives under
  circumstances as to give rise to a reasonable
  suspicion that he or she intended to use the
  explosive for purpose of injuring any person or
  damaging any property, is guilty of an offence.
• (b) For the purposes of paragraph (a),
  explosives includes any container, apparatus,
  instrument, incendiary device or any part thereof
  or article which contains any inflammable
  substance which has been adapted so that it can
  be used to cause an explosion or a fire..

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PROPOSED AMENDMENTS,Clause 28 MOTIVATION

• Possession of incendiary devices in circumstances
  where the presumptions apply was covered in the
  Bill, but not where a person was simply caught in
  physical possession of an incendiary device, such
  as a petrol bomb. A case was reported where a
  person was acquitted for being wrongly prosecuted
  under Arms and Ammunition Act, instead of
  Explosives Act, 1956.
• The proposed amendment will ensure legal
  certainty.

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PROPOSED AMENDMENTS,Clause 29

• On page 14, in line 53, after28(4), to insert
  or (5).
• Motivation Consequential amendment, as a result
  of the insertion of Sub-clause (5) in Clause 28.

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Thank you

• Asst Comm PC Jacobs
• Crime Operations
• South African Police Service