| (1) |
Unless the court determines otherwise, a person becomes unfit to possess 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 crime or 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 crime or offence; |
| (g) |
any offence involving violence, sexual abuse or dishonesty, for which the accused is sentenced to 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 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; |
| a) |
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 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 or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007, respectively, kidnapping or child stealing; or |
[Section 30(1)(n) substituted by section 68(2) of Act No. 33 of 2007]
| (o) |
any conspiracy, incitement or attempt to commit an offence referred to above. |
| (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) |
If a person becomes unfit to possess explosives or is declared unfit to possess explosives in terms of subsection (1) or (2), as the case may be, the relevant court must notify the Chief Inspector in writing of the person’s unfitness and the notification must be accompanied by an order for the search and seizure of— |
| (a) |
all certificates, licences and permits issued to the person in terms of this Act; and |
| (b) |
all explosives in the person’s possession. |
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