Why you could go to jail for shooting off fireworks in eMalahleni

The Explosives Act 26 of 1956 applies nationwide, with no exceptions. This act states that it is unlawful to discharge any firework in any building, on any public thoroughfare or in any public place or resort without prior written permission of the local authority.

Whether or not it is legal to set off fireworks on a person’s own property is governed by the local by-laws. In some areas, no firework may be set off at any time without the written permission of the local authority. In other areas, it is permitted to set off fireworks on specified dates between certain times on domestic properties.

What do eMalahleni’s by-laws state regarding the discharge of fireworks? In terms of s56 of eMalahleni’s Community Fire Safety by-law, no person may light, ignite or detonate fireworks in any place where animals are present, no person under the age of 16 may purchase fireworks from any retail dealer, or possess any fireworks, or light or ignite any fireworks, and unless so authorised in terms of section 55, no person may light or ignite fireworks on any day or at any time except on a New Year’s Eve from 23:00 to 01:00.

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Fireworks is a no go in eMalahleni

Section 59 of eMalahleni’s Community Fire Safety by-law states that no person may present any fireworks display unless written authorisation has been obtained from the Chief Fire Officer on behalf of council, written approval for the holding thereof has been received from the South African Police Services, the display is under the person’s supervision and control at all times, a suitably qualified explosives expert from the South African Police Services is in attendance at the display during its entire duration, the responsible person has ensured that an area with a radius of at least 50 metres is clearly demarcated for the launching of fireworks at the display and measures are in place to prevent any person, who is not involved in the presentation of the display from entering such launching area, and a pyrotechnician is present at all times and is responsible for the discharge of fireworks at such display.

Section 63 of eMalahleni’s Community Fire Safety by-law state the penalties and punishments for disobeying the above mentioned by laws. It states that any person who contravenes any of the provisions of these by-laws or fails to comply therewith; or contravenes or fails to comply with any order made hereunder or any notice served in connection herewith, is guilty of an offence and liable for a maximum fine of R10 000 or imprisonment for a period not exceeding six months. The said person will also be liable for a further amount equal to any costs and expenses found by a court to have been reasonably incurred by the Municipality as a result of such contravention or failure.

Contravening either the Explosives Act 26 of 1956 or eMalahleni’s Community Fire Safety by-law are criminal acts. Those who wish to report community members or neighbours who are suspected of letting off illegal fireworks are urged to telephone the SAPS, as criminal offences such as these fall well within their jurisdiction.