Dangerous Weapons Bill - B 37 2012

REPUBLIC OF SOUTH AFRICA
PORTFOLIO COMMITTEE AMENDMENTS

TO
PROPOSED AMENDMENTS TO
THE DANGEROUS
WEAPONS BILL
[B 37—2012]
(As agreed to by the Portfolio Committee on Police)
[B 37A—2012] ISBN 978-1-4850-0084-6
No. of copies printed ....................................... 800

2
AMENDMENTS AGREED TO
DANGEROUS WEAPONS BILL
[B 37—2012]
LONG TITLE
1. On page 2, to omit the long title and to substitute the following:
‘‘To provide for certain prohibitions in respect of the possession

of dangerous weapons; to repeal the Dangerous Weapons Acts in
operation in the areas of the erstwhile South Africa, Transkei,
Bophuthatswana, Venda and Ciskei, as those areas were consti-
tuted immediately before 27 April 1994; to amend the Regula-
tion of Gatherings Act, 1993 (Act No. 205 of 1993), and the
Firearms Control Act, 2000 (Act No. 60 of 2000); and to provide
for matters connected therewith.’’.
CLAUSE 1
1. On page 2, from line 5, to omit the definition of ‘‘dangerous weapon’’ and

substitute the following:
‘‘ ‘‘dangerous weapon’’ means any object, other than a firearm,

capable of causing death or inflicting serious bodily harm, if it were
used for an unlawful purpose.’’.
2. On page 2, from line 7, to delete the definitions of ‘‘firearm’’ and

‘‘imitation firearm’’.
NEW CLAUSE
1. That the following be a new clause:
‘‘Application of Act
2. This Act does not apply to the following activities:

(a) Possession of dangerous weapons in pursuit of any lawful
employment, duty or activity;
(b) possession of dangerous weapons during the participation in
any religious or cultural activities, or lawful sport, recreation,
or entertainment; or
(c) legitimate collection, display or exhibition of weapons.’’.
CLAUSE 2
1. On page 2, from line 12, to omit, ‘‘, firearms and replicas or imitation
firearms’’
2. On page 2, from line 15, to omit ‘‘—(a)’’.

3. On page 2, in line 15, to omit ‘‘; or’’.
4. On page 2, in line 16, to omit paragraph (b).
5. On page 2, in line 18, to omit ‘‘, firearm, replica or imitation firearm’’.

3
6. On page 2, in line 18, after ‘‘for’’, to insert ‘‘an’’.
7. On page 3, in line 3, after ‘‘the’’, to insert ‘‘object as a’’.
8. On page 3, from line 3, to omit ‘‘, firearm, replica or imitation firearm’’.
9. On page 3, in line 7, to omit ‘‘general’’.
10. On page 3, in line 7, after ‘‘or’’, to insert ‘‘the display of’’.
11. On page 3, in line 9, to omit ‘‘dangerous weapon’’ and to substitute,

‘‘object’’.
13. On page 3, in line 11, to omit ‘‘dangerous weapon’’ and to substitute,

‘‘object’’.
15. On page 3, in line 13, after ‘‘crime’’, to insert ‘‘or any other criminal’’.
16. On page 3, from line 14, to omit paragraph (e) and to substitute the
following:
‘‘(e) any other relevant factors, including any explanation the

person may wish to provide for his or her possession of the
object: Provided that this paragraph shall not be interpreted as
an obligation on the person to explain his or her possession of
the object.’’.
CLAUSE 4
1. On page 3, in line 25, to omit ‘‘participants’’ and to substitute ‘‘partici-
pant’’.
2. On page 3, from line 33, to omit ‘‘2012, or any other object that is likely to
cause injury to a person or damage to property,’’ and to substitute ‘‘2013’’.
3. On page 3, from line 34, to omit:
‘‘, unless the responsible officer has approved under specific conditions
the possession of any article mentioned in paragraphs (a) and (b)
during a gathering or demonstration, for cultural or religious purposes
or historical enactments’’.
4. On page 3, in line 40, to omit ‘‘and’’.
5. On page 3, after line 40, to insert the following:
(b) by the addition in section 12(1) of the following paragraph:

‘‘(k) who is in possession of or carrying any object referred
to in section 8(4) in contravention of that section,’’;
(c) by the substitution in section 12(1) for the words following
paragraph (j) of the following words:
‘‘shall be guilty of an offence and on conviction liable—
(i) in the case of a contravention referred to in
paragraph (a) to (j), to a fine or to imprisonment
for a period not exceeding one year or to both such
fine and such imprisonment; and
(ii) in the case of a contravention referred to in
paragraph (k), to a fine or to imprisonment for a
period not exceeding three years.’’; and
4
6. On page 3, in line 44, to omit ‘‘2012’’, and to substitute ‘‘2013’’.
NEW CLAUSE
1. That the following be a new clause:
Amendment of section 120 of Firearms Control Act, 2000

6. Section 120 of the Firearms Control Act, 2000 (Act No. 60 of
2000), is hereby amended—
(a) by the substitution in subsection (10) for paragraph (b) of the
following paragraph:
‘‘(b) be in possession of any firearm, airgun, deactivated
firearm, muzzle loading firearm, or imitation firearm
[or ammunition], with intent to commit an offence or
to use the firearm, airgun, deactivated firearm, muzzle
loading firearm, or [an] imitation firearm to resist arrest
or prevent the arrest of another person.’’; and
(b) by the insertion of the following subsections after subsection
(10):
‘‘(10A) In determining whether a person intends to use
the firearm, airgun, deactivated firearm, muzzle loading
firearm or imitation firearm to commit an offence, all
relevant factors, including, but not limited to, the follow-
ing must be taken into account:
(a) The place and time where the person is found;
(b) the behavior of the person, including the making of
any threat or the display of intimidatory behavior;
(c) the manner in which the firearm, airgun, deactivated
firearm, muzzle loading firearm or imitation firearm
is carried or displayed;
(d) whether the possession of the firearm, airgun,
deactivated firearm, muzzle loading firearm or
imitation firearm was within the context of drug
dealing, gang association, organised crime or any
other criminal activity; or
(e) any other relevant factors, including any explanation
the person may wish to provide for his or her
possession of the firearm, airgun, deactivated fire-
arm, muzzle loading firearm or imitation firearm:
Provided that this paragraph shall not be interpreted
as an obligation on the person to explain his or her
possession of the firearm, airgun, deactivated fire-
arm, muzzle loading firearm or imitation firearm.
(10B) The provisions of subsection (10)(b) do not apply
to the following activities:
(a) The pursuit of any lawful employment, duty or
activity;
(b) the participation in any cultural or religious activi-
ties, or lawful sport, recreation, or entertainment; or
(c) the legitimate collection, display or exhibition of a
firearm, airgun, deactivated firearm, muzzle loading
firearm or imitation firearm.’’.
CLAUSE 5
1. On page 3, in line 46, to omit ‘‘2012’’ and to substitute ‘‘2013’’.
Printed by Creda Communications
ISBN 978-1-4850-0084-6

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REPUBLIC OF SOUTH AFRICA

PORTFOLIO COMMITTEE AMENDMENTS

(As agreed to by the Portfolio Committee on Police)

[B 37A—2012] ISBN 978-1-4850-0084-6

No. of copies printed ....................................... 800

1. On page 2, to omit the long title and to substitute the following:

‘‘To provide for certain prohibitions in respect of the possession

1. On page 2, from line 5, to omit the definition of ‘‘dangerous weapon’’ and

‘‘ ‘‘dangerous weapon’’ means any object, other than a firearm,

2. On page 2, from line 7, to delete the definitions of ‘‘firearm’’ and

1. That the following be a new clause:

2. This Act does not apply to the following activities:

2. On page 2, from line 15, to omit ‘‘—(a)’’.

4. On page 2, in line 16, to omit paragraph (b).

5. On page 2, in line 18, to omit ‘‘, firearm, replica or imitation firearm’’.

7. On page 3, in line 3, after ‘‘the’’, to insert ‘‘object as a’’.

8. On page 3, from line 3, to omit ‘‘, firearm, replica or imitation firearm’’.

9. On page 3, in line 7, to omit ‘‘general’’.

10. On page 3, in line 7, after ‘‘or’’, to insert ‘‘the display of’’.

11. On page 3, in line 9, to omit ‘‘dangerous weapon’’ and to substitute,

13. On page 3, in line 11, to omit ‘‘dangerous weapon’’ and to substitute,

‘‘(e) any other relevant factors, including any explanation the

3. On page 3, from line 34, to omit:

4. On page 3, in line 40, to omit ‘‘and’’.

5. On page 3, after line 40, to insert the following:

(b) by the addition in section 12(1) of the following paragraph:

1. That the following be a new clause:

Amendment of section 120 of Firearms Control Act, 2000

1. On page 3, in line 46, to omit ‘‘2012’’ and to substitute ‘‘2013’’.

Printed by Creda Communications

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