Chairperson, I introduce the report from the committee before the House. The Bill before the House was prompted by a Constitutional Court ruling that obliged government to bring in line the Dangerous Weapons Act of 1968 and various pieces of legislation that were used in the former Transkei, Bophuthatswana, Venda and Ciskei, TBVC, states. The Dangerous Weapons Act was found to be outdated and necessitated the drafting of the Dangerous Weapons Bill before us today.
Many of the crimes committed in South Africa are not committed with conventional weapons such as firearms. It must also be noted that this Bill does not intend to criminalise the use of a weapon in an offence, as this is already criminalised through offences such as assault, attempted murder, murder, etc. In fact, in existing legislation the use of a weapon and causing wounds are taken in consideration in the sentencing of an offender. The Bill before us addresses the carrying of an object that can be used as a weapon under certain suspect circumstances. In other words, the object can be used for the commission of an offence.
The Bill seeks to repeal all existing legislation regulating dangerous weapons in the Republic and replaces the legislation with a single piece of uniform legislation. It prohibits the possession of dangerous weapons with the intention to use them for an unlawful purpose, and it prohibits the carrying of objects that are likely to cause injury or damage to property at a demonstration or gathering.
Another change was the removal of reference to a firearm, as firearms are dealt with by the Firearms Control Act, Act 60 of 2000.
The Bill provides for discretionary powers for police officers. This is, however, limited and directed by clause 2 of the Bill, which indicates that the circumstances must raise reasonable suspicion that the person intends to use them for unlawful purposes. An example here would be that the police would now be able to arrest someone if they find that person at three in the morning on the private premises of a citizen, carrying an axe or a spade or something that can be used as a weapon.
This includes the place and time where the person is found; the general behaviour of the person, including the making of a threat or intimidating behaviour; the manner in which the dangerous weapon is carried or displayed; whether the carrying of that dangerous weapon was in the context of drug dealing, gang association or any organised crime activity; and whether the person in whose possession the dangerous weapon was found at the time, proved to be part of a group of persons who were also in possession of dangerous weapons. The committee added a further criterion, and that is whether the person in whose possession the weapon was found can give a reasonable and lawful explanation.
The Bill does not apply to religious, cultural and legal sports activities or to the pursuit of any lawful employment, duty or activity. The legitimate collection, display and exhibition of weapons are also excluded from this Bill.
The committee held public hearings and took into consideration the input from those who came to the portfolio committee, and this resulted in many of the changes that the committee has incorporated into the Bill before the House. One of those amendments is the very definition of a dangerous weapon. It is now defined as any object, other than a firearm, capable of inflicting death or serious bodily harm if it were used to commit an assault.
We must make it very clear that this Bill is not aimed at disarming South Africans from their choice of self-defence weapons. Prior to this Bill being introduced, there was a draft version that could have created that impression. This Bill took into consideration all the various public inputs that were received at that time and is a completely new piece of legislation without the previous restrictions.
The Bill also empowers the SA Police Service at gatherings and protests, in so far as it now includes the definition of dangerous weapons and the prohibition of those at gatherings and protests. This is in line with the Constitution, in terms of which unarmed protests and demonstrations are recognised. Already the gatherings Act says that a person cannot carry firearms, imitation firearms or muzzle-loaders at gatherings. What this Bill does is put a further obligation on the organisers and the participants at such protests and gatherings.
This legislation must also be seen as a proactive crime-fighting measure in so far as, when used properly, the SAPS can prevent crime from happening and does not have to wait for an offence to take place.
The committee has asked the SAPS for a proper implementation and costing plan for the Bill. This was necessary as the Bill relies heavily on the proper training of members of the SAPS, not only new recruits, but also those members of the SAPS who have been in the service for a while.
The committee was not satisfied with the implementation plan of the SAPS as it reflected only on starting dates and not on completion dates. The committee has instructed the SAPS that this needs to be corrected and that the SAPS must provide feedback, in writing, at every phase of the implementation plan to Parliament. The committee will scrutinise that very carefully. All parties in the committee were in agreement with the Bill before the House and, as such, we support the passing of this Bill into law.
There was no debate.
Declarations of vote: