Dangerous Weapons Amendment Act
REPUBLIEK VAN SUID-AFRIKA
STAATSKOERANT
GOVERNMENT .GAZETTE
OF THE REPUBLIC OF SOUTH AFRICA
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KAAPSTAD; 4 APRIL 1990
CAPE TOWN, 4 APRIL 1990 No. 12392
KANTOOR VAN DIE STAATSPRESIDENT STATE PRESIDENT'S OFFICE
No. 755. 4 April1990 No. 755. 4April1990
Hierby word bekend gemaak dat die Staatspresident sy . . · It is hereby notified that the State President has ;oedkeuring geheg bet aari die onderstaande .Wet wat assented to the following Act which is hereby published •ierby ter algemene inligting gepubliseer word:-:- . . . for general information:-
No. 29 van 1990: Wysigingswet op Geva·arlike Wapens, No. 29 of 1990: Dangerous. Weapons Amendment Act, 1990. . . . . 1990.
GOVERNMENTGAZETIE,4APRIL1990 No.12392 3
_DANGEROUS WEAPONS AMENDMENT Acr, 1990 Act No. 29, 1990
GENERAL EXPLANATORY NOTE:
[ ] Words in bold type in square brackets indicate omissions from existing enactments.
Words underlined with solid line indicate insertions in exist- . ing enactments. •
ACT . To amend the Dangerous · Weapons Act, 1968, so as to further define certain . expressions; to extend the · power of the Minister of Law and Order to· restrict or prohibit the possession of dangerous weapons to include firearms; and to increase the fines which may be imposed in respect of offences; 'and< to provide for incidental matterS. . . .
(Afrikaans text signed by the State President.) (Assented to 23 Ma!ch 1990.)
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BE IT ENACTED by the State President and the Parliament of the Republic of South Africa, as follows:- .· . . Amendment of section 1 of Act 71 of 1968
1. Section 1 of the Dangerous Weapons Act, .1968' (hereinafter referred to as the 5 principal Act), is hereby amended- ,
-. (a) by the substitution for the definition of "fireairn" of the following defini- ' tioo: · ' · "'firearm' means an arm as defined in . section [36 of the Arms and · · · Ammunition Act, ·1937 (Act No. 28 of 1937)] 1 'of the Arms and
10 Ammunition Act; 1969 Act No. 75 of 1969 ;"; and (b) by the substitution for the _ definition o "Minister" · of the following .
definition: · . , . . · · . . .. "'Min~ster' mc:ans the Minist.er of [Justice] Law. arid Order." .
S1lbstituti~n ·of section 2 of Act 71 of 1968
15 . · 2. The following section is hereby substituted for section 2 of the principal Act:
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"Prohibition of the· possession of dangerous weapons, fire3rms and certain :other objects
2. (1) Any person who is in possession of any dangerous weapon, or of any object which so resembles a firearm that, under circumstances such as those under which such person is in possession thereof, it is likely to
· . be mistaken for a real firearm, shall be guilty of an offence, unless he is able to prove that he at no time had any intention of using such weapon or object for any unlawful purpose, and shall on conviction be liable to ·a fine not exceeding [two hundred rand] R4 000 or to imprisonment for · a period not exceeding twelve months Ofi'Ob'oth such fine and such imprisonment. . . · . (2) The Minister may from time to time by notice in the Gazette and subject to such terms, conditions, restrictions, directions or exemptions as may be specified in such notice or as may be provided for therein,
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DANGEROUS WEAPONS AMENDMENT Acr, 1990 Act No. 29,1990
prohibit any. person or any person belonging to any class of persons specified in such notice, from being in possession at any time or during any period so specified and either generally or at or in any place or area so specified or at a s ecified athering or at an gatherin bel on · n to an class s ecified m such nottce, of any o ject belonging to a class or ~- kipd or category of object which, in the opinion of the
Mimster, is a dangerous weapon and which is specified in such notice. 3 The Minister rna , notwithstanding anythin to the contra in an
law contained, from time to time by notice in the Gazette an subject to such terms, conditions, restrictions, directions or exemptions as may be specified in such notice or as rriay be provided for therein, prohibit any person or any person !Jelonging to any class of persons specified in such notice, from being in possession at any time or during any period so specified and either generally or at or in any place or area so specified or at a specified gathering or at any gathering· belonging to any class specified in such notice, of any firearm, or a replica thereof, in general or any firearm, or a replica thereof,. belonging to a class, type, kind· or cate o s ecified in such notice. :
(3)] 4 Any person who . is in possession ,of any object, firearm or replica of a firearm in contravention of the provisions of any notice issued in terms of subsection (2) o.r (3), shall be guilty of an offence and liable on conviction to the penalttes prescribed in subsection (1).
[(4)] ill The Minister may at any time by notice in the Gazette amend or repeal any notice issued in terms of subsection (2) or (3).".
25 Amendment of section 3 of Act 71 of 1968
3. Section 3 of the principal Act is hereby amended by the substitution m subsection (3) for the expression "R300" of the expression "R6 000".
Substitution of section 4 of Act 71 of 1968, as amended by section 23 of Act 102 of 1972
4. The following section is hereby substituted for section 4 of the principal 30 Act:
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"Penalties when dangerous ·weapons or firearms are used in the commis- sion of offences Involving violence
4. (1) Whenever any person above the age of eighteen years is convicted of an offence involving violence to any other person and it_ has been proved that he killed or injured such other person by using a dangerous weapon or a firearm, he shall, except when the death sentence [or the punishment prescribed by section 334ter or 334quat of the Criminal Procedure Act, 1955 (Act No. 56 or 1955)] is imposed or he is in terms of section [335] 286 of [that Act] the Criminal Procedure Act, 1977 (Act No. 51 of 1977), declared an habitual criminal, notwithstanding anything to the contrary in any law contained, be sentenced to imprisonment for a period of not less than two years and, if he is so convicted by a magistrate's court, not exceeding eight years, and may in addition to any such punishment be sentenced to a whipping not exceeding [ten] seven strokes: Provided that if the court is of ·the opinion that thereare circumstances which justify the imposition of a lighter sentence than the punishment prescribed by this section, it shall enter those circumstances on the record of the proceedings and may thereupon impose such lighter sentence on the person so convicted: Provided further that in the case of a magistrate's court and without derogation from its powers to impose a whipping, such lighter sentence shall not exceed a fine of [four hundred rand] R8 000 or imprisonment for a period of two years.
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DANGEROUS WEAPONS AMENDMENT ACI', 1990 Act No. 29, 1990
(2) Notwithstanding anything to the contrary in any law contained, no person in respect of whom the imposition of a sentence of imprisonment is compulsory in terms of subsection (1), shall be dealt with under section [342, 345 or 352] 290, 294 or 297 of the Criminal Procedure Act, [1955] 1977. -p) (a) The provisions of subsections (1) and (2) shall apply only in
respect of an offence referred to in subsection (1) which is commit- ted in an area to which the Minister of Justice has, by notice in the Gazette, declared such provisions to be applicable.
(b) The Minister of Justice may at any time by notice in the Gazette amend or repeal any notice issued in terms of paragraph (a);".
Short title and commencement
5. This Act shall be called the Dangerous WeaponsAmendment Act, 1990, and shall come into operation on a date fixed by the State President by proclamation in
15 the Gazette.