Protection of Businesses Act, 1978
R 385
Explosives Act, 2003 (Act No. 15 of 2003)Chapter 8 : Offences, Penalties, Jurisdiction and Appeals30. Declaration of persons as unfit to possess explosives |
| 1) | Unless the court determines otherwise, a person becomes unfit to possess or have his control explosives if convicted of – |
| a) | the unlawful possession of explosives; |
| b) | any crime or offence involving the unlawful use or handling of explosives, whether explosives were used or handled by that person or by another participant in that offence; |
| c) | an offence involving the failure to store explosives in accordance with the requirements of this Act; |
| d) | an offence involving the negligent handling or loss of explosives while the explosives were in his or her possession; |
| e) | an offence involving the handling of explosives while under the influence of any substance which has an intoxicating or narcotic effect; |
| f) | any other crime or offence in the commission of which explosives were used, whether the explosives were used or handled by that person or by another participant in the offence; |
| g) | any offence involving violence, sexual abuse or dishonesty, for which the accused is sentenced to a period of imprisonment without the opinion of a fine; |
| h) | any other offence under or in terms of this Act in respect of which the accused is sentenced to a period of imprisonment without the option of a fine; |
| i) | any offence involving physical or sexual abuse occurring in a domestic relationship as defined in section 1 of Domestic Violence Act, 1998 (Act No. 116 of 1998); |
| j) | any offence involving the abuse of alcohol or drugs; |
| k) | any offence involving dealing in drugs; |
| l) | any offence in terms of the Domestic Violence Act, 1998 (Act No. 116 of 1998) in respect of which the accused is sentenced to a period of imprisonment without the option of a fine; |
| m) | any offence in terms of the Firearms Control Act, 2000 (Act No. 60 of 2000), in respect of which the accused is sentenced to a period of imprisonment without the option of a fine; |
| n) | any offence involving sabotage, terrorism, public violence, arson, intimidation, rape, kidnapping or child stealing; or |
| o) | any conspiracy, incitement or attempt to commit an offence referred to above. |
| 2) |
| a) | A court which convicts a person of an offence referred to in Schedule 2 and which is not an offence contemplated in subsection (1), must enquire and determine whether that person is unfit to possess explosives. |
| b) | If a court, acting in terms of paragraph (a), determines that a person is unfit to possess explosives, it must make a declaration to that effect. |
| 3) | A court which has convicted a person of an offence contemplated in section 28(2) and has made a declaration in terms of subsection (1) must notify the Chief Inspector in writing of that conviction, determination or declaration. |
| 4) | Unless a determination that a person is not fit to possess explosives has been made in terms of section 28(2), a notice contemplated in subsection (3) must be accompanied by a court order for the immediate search for and seizure of – |
| a) | all certificates, licences and permits issued to the relevant person in terms of this Act; and |
| b) | all explosives in his or her possession. |
