AMENDMENTS TO EXPLOSIVES BILL, 2003 PRESENTATION TO THE PORTFOLIO COMMITTEE FOR SAFETY AND SECURITY CAPE TOWN 9 April 2003

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

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.

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.

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.

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.”.

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.

PROPOSED AMENDMENTS, Clause 29 On page 14, in line 53, after”28(4), to insert “or (5)”. Motivation: Consequential amendment, as a result of the insertion of Sub-clause (5) in Clause 28.

Asst Comm PC Jacobs Crime Operations South African Police Service Thank you Asst Comm PC Jacobs Crime Operations South African Police Service