Issued by: Government Communications (GCIS)
PRESS RELEASE: AMENDMENT OF THE CRIMINAL LAW SECOND AMENDMENT ACT, 1992 (ACT 126 OF 1992) TO PROHIBIT CERTAIN ACTS IN RELATION WITH MILITARY, PARAMILITARY, OR SIMILAR OPERATIONS AND WEAPONS, AMMUNITION, EXPLOSIVES OR OTHER EXPLOSIVE DEVICES: APPLICATION FOR TEMPORARARY EXEMPTION - 15 JANUARY 1999.
The Department of Justice herby announces that with effect from 15 January 1999, section 11 of the Judicial Matters Amendment Act, 1998 (Act 34 of 1998) (the Amendment Act) will amend the Criminal Law Second Amendment Act, 1992 (Act 126 of 1992) with the insertion of chapter 4 A (section 16 A - 16 D), in order to provide for the following:
(1) Subject to certain exemptions, inter alia, by members of the Sout African National Defecne Force, the South African Police Service and the Department of Correctional Services, employees of the Armaments Development and Production Corporation of South Africa of Denel, traffic officers and security officers, no person shall -
(a) in any manner train any other person or undergo any training - (i) in the conduction of any military, paramilitary or similar operation; or (ii) in any tactical or other procedure applicable to, or required in the preparation of any such operation or the execution thereof;
(b) instruct or train any other person or undergo any instruction or training in the construction, manufacture or use of any weapon, ammunition, explosive or other explosive device -
(i) for the purpose of endangering life or causing serious damage to property;
(ii) for the purpose of promoting any political objective; or
(iii) for military, paramilitary or similar purposes;
(c) assist in any such instruction or training, or equip any other person who is so instructed or trained or intended to be so instructed or trained with any such weapon, ammunition, explosive or explosive device or organise or employ two or more such other persons, whether they are so equipped by him or her or not -
(i) for the purpose of endangering life or causing serious damage to property;
(ii) for the purpose of promoting any political objective; or
(iii) for military, paramilitary or similar purposes.
(2) The contravention of the above-mentioned provisions are being made an offence and on conviction, a court may impose such fine as the court may deem fit to impose or imprisionment not exceeding five years, or both such fine and such imprisonment (section 16 B).
(3) The Minister of Justice may, in consultation with the Minister of Safety and Security on written application by an employer, exempt:
(a) any employer who uses the services of any employee exclusively for the purposes of the protection or safeguarding of the personnel, property or business interests of that employer and
(b) any employee or group of employees whose services are so used, from the provisions of section 16 A (section 16 C).
(4) The written authority of a director of public prosecutions is a prerequisite before a prosecution can be instituted in terms of section 16 B (section 16 D).
(5) Section 16 A, C, and D of the Criminal Law Second Amendment Act, 1997, will come into operation with effect from 15 January 1999. Section 16 B, however, will only be put into operation from 1 April 1999, in order to give interested parties the opportunity to take cognizance of the provisions of the Act in this regard and apply for the necessary exemption.
(6) Application for temporary exemption from chapter 4 A of the Criminal Law Second Amendment Act, 1992, must be directed to:
MINISTER OF JUSTICE PRIVATE BAG X276 PRETORIA 0001
ISSUED BY THE CHIEF DIRECTORATE: COMMUNICATION SERVICES OF THE DEPARTMENT OF JUSTICE
14 JANUARY 1999