Pretoria - The Dangerous Weapons Bill is an attempt to harmonise historical legislation and does not seek to prevent people from carrying items such as the pepper spray as has been erroneously reported, Police Minister Nathi Mthethwa said on Tuesday.
Speaking at the introduction of the bill to the Portfolio Committee on Police in Parliament, Mthethwa pointed out that the country already had existing pieces of legislation that outlaw the carrying of dangerous weapons but that the definition was very broad.
“The bill does, however, prevent the carrying of replica firearms in public where that same intention to use it for an unlawful purpose is clear. The rationale for this is that replica firearms often look exactly like real firearms and can be used in the commission of a crime,” explained Mthethwa.
According to the Police Minister the bill seeks to:
- Repeal and substitute all existing legislation regulating dangerous weapons with a single set of legislation in that regard, applicable to the country as a whole;
- To provide for uniform legislation that will apply throughout the country;
- Prohibit the possession of dangerous weapons, firearms or replicas in circumstances where it is clear that there is an intention to use the same for an unlawful purpose; and
- Subject to certain exceptions, prohibit the carrying of firearms and objects which resemble firearms, dangerous weapons and objects likely to cause injury or damage to property at a demonstration or gathering.
The bill provides that any person who is in possession of, or carries any dangerous weapon or any replica or imitation of a firearm under circumstances which may raise a reasonable suspicion -- that the person intends to use the dangerous weapon for an unlawful purpose -- shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding three years.
“We believe there is a need for such a law to ensure proper and effective regulation of the carrying of dangerous weapons in public. The intention of the Bill is not to prohibit people from privately possessing such weapons,” he explained.
Mthethwa said work had begun on transforming the South African Police Service (SAPS).
“This transformation is aimed at changing the internal police environment and culture of the police so that we can develop a Police Service which is responsive, representative, efficient and effective. It must be SAPS that is transparent, accountable, upholds and executes its mandate in accordance with the Constitution, legislation and the needs of the community.”- SAnews.gov.za
