03 Apr 2018

Minister of Defence, Justice and Security, Mr Shaw Kgathi has tabled the Arms and Ammunition Bill of 2017 for second reading.

The bill seeks to provide for the sale, import, export and illicit manufacturing of arms and ammunitions and trafficking in firearms, and to provide for matters incidental or connected therewith.

Mr Kgathi said the Arms and Ammunition Act was enacted in 1979 and that it has never been reviewed.

He said over the years events and technological changes had taken place that necessitated the review of the act to bring it to par with international trends.

The bill prohibits civilian possession of hand guns and enhances regulation of possession of rifles and shot guns. 

“As the name suggests hand guns are designed to be handheld and are discouraged because they are easy to conceal, cheap buying and generally posing a risk to public,” he said.

Mr Kgathi said security concerns within borders included an escalation in armed robberies, cross border crime and threats of arms and proliferation of arms.

He said between 2015 to date, 548 armed robberies firearms were recorded by the police, and that of these, 19 were recorded between January and March 2018.

He said the object of the bill, therefore, was to repeal and re-enact with amendments, the Arms and Ammunition Act to ensure conformity with international obligations at SADC and the United Nations by domesticating the SADC protocol on the control of firearms, ammunition and other related materials as well as the United Nations protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition.

The bill has 46 clauses and has introduced improvements to the administration of the act.

He said among others, it provided for the Commissioner of Police to administer the act and the introduction of the arms and ammunition quota board that provides that the board shall consist of the deputy commissioner and such a person as the minister may appoint.

Some sections of the bill provide for powers and functions of the board and continue the Central Arms Registry.

The bill also provides for controlled civilian owned arms and ammunition such as prohibiting a person from purchasing, acquiring or having in his or her possession any firearm or ammunition unless he or she holds a licence issued under the act.

It also provides for the importation and transit of arms and ammunition, prohibit the exportation of arms and ammunition and the transit and trafficking in such arms and ammunition.

The bill requires the registration and marking of imported arms and ammunitions, and also provides for restrictions on the manufacture of arms and ammunition without a manufacture’s licence issued at manufacture.

Contributing to the bill, the MP for Tonota, Mr Thapelo Olopeng suggested that illegal transit of rifles into the country should not be charged anything less than P10 000. 

He said under the prohibition of rifles, some rifles that were harmless should be allowed for self-defence.

Mr Olopeng said he was impressed that amendments allowed for self defence, but not necessarily allowing the lawlessness of owning more than one rifle.

He said some security weapons such as automatic rifles or semi-automatic rifles should not be allowed to be purchased by the public as they may be dangerous to the public.

“Firearms such as AK47 should only be allowed to be used by the police or members of defence forces,” he said.

He further called for induction in the use of firearms for the public to appreciate weapon handling.

Mmathethe/Molapowabojang MP, Dr Alfred Madigele concurred with Mr Olopeng that induction in the use of firearms was important, especially for those who win them through raffles.

He said people who won rifles through raffles were in the habit of using them indiscriminately.

Dr Madigele further said the regulation of firearms would ensure that criminals were brought to book as well as minimise such cases.

MP for Francistown South, Mr Wynter Mmolotsi said the level of crime involving firearms in the country was minimal because firearms were in the possession of a few people.

He said licenses for possession of firearms should be given to people without any criminal record.

“I do not want us to permit use of firearms by any Jack and Jill because this will expose us to danger,” he said. ENDS