The Dangerous Weapons Act of 2013 (Act No.15 of 2013) officially came into force on January 2.
This is a new piece of legislation that has been promulgated to address the possession of weapons during public gatherings and mass demonstrations.
The Act repeals the Dangerous Weapons Act that has been in force in the country, as it was constituted before April 27, 1994, as well as similar Acts that have been in force in the former Transkei, Ciskei, Venda and Bophuthatswana.
In terms of the new Act, it is a criminal offence to possess a dangerous weapon with the intention of committing an unlawful act. If the possession of a dangerous weapon raises a reasonable suspicion that the person intends to use it to commit an unlawful act, the person may be found guilty of an offence and be liable (on conviction) to pay a fine or be imprisoned for a period not exceeding three years.
As of January 2 this year, it is a criminal offence for a person to possess any dangerous weapon during a gathering or demonstration – any air-gun, firearm or imitation firearm that is likely to be mistaken for a firearm, any harmful and sharp object, or any other object capable of causing death or inflicting serious bodily harm.
Other examples of dangerous weapons include but are not limited to the following: knife (such as a gravity knife, ballistic knife, switchblade, sword or dagger), blackjack, brass knuckles, spear, tomahawk, knobkerrie, crowbar, nunchakus and hammer.
The Dangerous Weapons Act is wholly compliant with the Constitution of the Republic of South Africa, especially section 17 which guarantees the right to (peacefully and unarmed) assemble, demonstrate, picket and present petitions. The right to strike and assemble is not in question here. The Act aims to ensure that mass gatherings are conducted within the confines of the law and in line with section 12 of our constitution, which entrenches the right to security and the right to be free from all forms of violence.
The mere possession of a dangerous weapon during a gathering or demonstration constitutes an offence, but possession of dangerous weapons will not necessarily lead to arrest if the circumstances are found to be due to the pursuit of any lawful employment, duty or activity.
If anyone sees a person in possession of a dangerous weapon and suspects he / she intends to use it to commit an unlawful act, they are urged to call 10111 or the Crime Stop / tip-off line on 08600-10111.
