an audit of ﬁrearms control legislation in the sadc regionfull scope of the legislation. the act...

SW

AZ

ILA

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Swaziland Arms and Ammunition Act 1964 Art 2“firearm” means –(a) a pistol, revolver, shotgun or other

lethal barrelled weapon of anydescription –(i) from which a shot, bullet or other

missile can be discharged; or(ii) which can be adapted for the

discharge of a shot, bullet or other missile; or

(b) a weapon of any description designedor adapted for the discharge of anoxious liquid or gas or any other thing; but does not include airgun ofless than .22 calibre;

Peter Cross, Rick de Caris, Ettienne Hennop and Angus Urquhart

June 2003

Small arms and security in Southern AfricaREPORT

The Law of the GunAn audit of firearms control legislation in the SADC region

SaferAfrica and Saferworld

The Law of the Gun:

An audit of firearms control legislation in the SADC region

Peter Cross, Rick de Caris, Ettienne Hennop and Angus Urquhart

SWA

ZILA

ND

SAFERAFRICA AND SAFERWORLD

JUNE 2003

Contents

Foreword 5

Overview of firearms situation 8

Overview of legislation 8

General information 9

Definitions in Swaziland’s firearms control legislation 10

Breakdown of Swaziland’s firearms control legislation 12

Controls on civilian possession and use 12

Record keeping and tracing 21

Import, export and transit 25

Brokering 29

Manufacture 29

Trade 33

Seizure, disposal and enforcement 39

Arms embargoes 42

State-owned firearms 43

Acknowledgements Saferworld is grateful to the UK Government for funding this project.

SaferAfrica is grateful to the governments of the UK, the Netherlands, Ireland and Norway for funding this project.

In the research and writing of this report valuable assistance was provided by government and civil society representatives in all the countries included in the study. Special thanks to Gabriël Oosthuizen for his valuable input in checking the numerous tables in the full study and providing advice on the international legal perspective.

Foreword

THIS COUNTRY STUDY forms one chapter of a comprehensive study on firearms legislation in Southern Africa, conducted by Saferworld and SaferAfrica which aims to assess the strengths and weaknesses of the firearms control legislation in Southern African Development Community (SADC) member states.

The full study contains an introductory chapter providing an overview of the firearms legislation in 12 of the SADC member states and the regional perspective. Each of the following 12 chapters covers one SADC member state. The chapter provides an in-depth analysis of each state’s firearms legislation against the commitments contained in the four key international and regional small arms agreements for the SADC member states:

‘Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against ‘Transna-tional Organised Crime’ (‘UN Firearms Protocol’);

‘United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light weapons in All Its Aspects’ (‘UN Programme of Action’);

‘Bamako Declaration on an African Common Position on the Illicit Proliferation, Circulation and Trafficking of Small Arms and Light Weapons’ (‘Bamako Declaration’); and

‘SADC Protocol on The Control of Firearms, Ammunition and Other Related Materials’ (‘SADC Firearms Protocol’).

The study is intended as a reference document to assist law-makers and others involved in reviewing national legislation. For every country, the existing national firearms laws are unpacked and their provisions detailed, by issue, alongside the requirements of the international and regional small arms agreements. This analysis is presented in an individual table for each country, in which it is possible to adjudge the level of conformity with the requirements of the international and regional agreements.

6 THE LAW OF THE GUN: AN AUDIT OF FIREARMS CONTROL LEGISLATION

Sources

The information contained in this report was collected through field research. During the research visits to each country the research team consulted a wide range of government departments, including:

The Ministry of the Interior/Home Affairs

The Ministry of Justice

The Ministry of Defence

The Attorney General’s Office

The Police

The Army / Defence Forces

Customs and Immigration

Wildlife and Parks

Local civil society actors were also consulted.

Using this document

The country-study reports contain four sections:

Overview of the firearms situation and legislation in the country. The information in this overview was collected during research trips to the country.

General Information about the country is contained in a table following the overview of the firearms situation in the country. This includes information relating to the international and regional agreements that the country has signed up to, information on the current firearms control legislation and information on the number of firearms in the country.

Definitions are contained in a table which presents the definitions contained in the country’s national legislation, presenting them alongside the definitions contained in the SADC Firearms Protocol and the UN Firearms Protocol.

Legislation Breakdown is contained in a table which forms the main body of the country study. The breakdown of the legislation is done against 9 analytic categories. The following broad categories were identified in order to facilitate a uniform approach to the analysis of very different pieces of legislation:

Controls on civilian possession and use

Record keeping and tracing

Import, export and transit

Brokering

Manufacture

Trade

Seizure, disposal, and enforcement

Arms embargoes

State-owned firearms

This breakdown of the national legislation is presented alongside the commitments contained in the four key regional and international agreements. A comment on conformity, to these agree-ments has been included. Throughout this report, where we talk of ‘conformity’, ‘commitments’, ‘requirements’ or similar terms, we do so with regard to the importance of fully implementing the provisions of these agreements and the need to ratify them and hasten their entry into force. By noting the ‘conformity’ or otherwise of existing national legislation we are not indicating a legal commitment to the SADC Firearms Protocol and UN Firearms Protocol, before these are ratified and have entered into force. Full conformity with the provisions of these regional and international small arms agreements is, nonetheless, important in laying the foundations for the effective control of firearms across the SADC region. The presentation of the analysis is intended to

SWAZILAND 7

facilitate cross-referencing between the national legislation and the international and regional commitments as well as cross referencing between the various pieces of legislation in the SADC region.

The tables contain the articles specifically relevant to the analytical category and the requirements of the international and regional agreements, however, both in terms of accessibility and due to constraints of space certain articles and/or subsections have been omitted. We have tried, where possible, to limit this to articles containing procedural guidelines. Also, where articles cross-reference other articles within the act, these cross-referenced articles have often not been immediately reproduced, again because of constraints of space. In most cases, however, these cross-referenced articles appear under different sections of the table.

This country study should be used in conjunction with the narrative section of the study which contains a comprehensive overview of the aims and objectives of the study as well as the methodology used. The narrative section includes a table containing the key international and regional agreements broken down against the analytical categories outlined above. The narrative report and the 12 country studies are available online at Saferworld’s website: www.saferworld.org.uk, while hard copies are available on request.

Swaziland

Overview of firearms situation

THE INCIDENCE OF FIREARMS-RELATED CRIME IN SWAZILAND is seen to be on the increase. Last October the police launched Operation Recover Firearm which has to date netted over 150 different types and calibres of firearms. This has been an intelligence-driven operation, with no amnesty in place. The police expressed concerns that while firearms were being recov-ered the crime statistics did not reflect this.

Swaziland is a land-locked country almost completely surrounded by South Africa, and sharing only a short border with Mozambique. Swaziland has 13 points of entry, which include a large ‘dry port’ at Matsapa and the international airport. Cargo entering the country is only subjected to manual checks, and this capacity is limited as there are no specialised units trained in cargo checking. It was acknowledged that large cargo consignments go unchecked. Despite having this relatively large number of entry points, it is believed that the majority of smuggling in illicit goods, including firearms, takes place across the border fence through unregulated points of entry. The primary source of firearms entering Swaziland is seen by the police to be Mozambique, with the majority of weapons having been left over from Mozambique’s civil war. The most common firearm recovered is the AK 47. Swaziland is not believed to be regularly used as a transit route between Mozambique and South Africa as it is far easier to smuggle weapons directly between South Africa and Mozambique across their common borders. In addition to the firearms currently entering Swaziland from neighbouring states, the country is also suffering under the legacy of arms left over from the apartheid era in South Africa.

Swaziland has recently installed an electronic database for its Central Firearms Register. How-ever, it was difficult to find out information about the database and it was not possible to see the system or speak with any of the operators. A manual system is used to pass information from the regions to the headquarters, with the regions required to produce monthly returns on firearms to the headquarters. Information and data, including figures on the number of firearms and on firearm related crime, was not made available to the research team.

Overview of legislation

The bulk of controls over firearms are contained in the ‘Arms and Ammunitions Act, 1964’. The Act was revisited in 1990, a process which involved looking at penalties and fines, and not at the full scope of the legislation. The Act is supplemented by the ‘Arms and Ammunitions Regulations of 1966’.

The system of civilian-owned firearms registration as described by the police appeared to be fairly comprehensive and involved background checks and profiling during the first application phase by the police commander in the region in which the applicant resides. The application is then submitted to the Firearms Board for approval. The Secretary of the board is an officer on the CFR. The registration of the firearm follows the issuance of a permit and the purchasing of the firearm.

SWAZILAND 9

The Swazi government have limited the issuing of handgun licences as these are the most common firearms used in crime. To qualify for a handgun licence a private applicant must be able to demonstrate a tangible threat against life.

The Arms and Ammunitions Act was perceived by those interviewed to be an outdated piece of legislation, and the need for a complete review was seen to be urgent to integrate the interna-tional and regional agreements. No problems were foreseen in conducting a review of the current legislation. The review would have to be conducted by the Office of the Prime Minister (the office in charge of the police) which would liase with the Justice Minister. The Minister piloting the bill would have to have the approval of cabinet. Before a bill can be debated in Parliament it has to lie in the statute books for 30 days. After the bill has passed through Parliament it requires Royal Assent, and there is no time limit attached to this.

General information

Swaziland

International agreements SADC Firearms Protocol Signed UN Firearms Protocol UN Programme of Action Party to Bamako Declaration Party to

Primary legislation The Arms and Ammunitions Act, 1964

Last amendment / revisions Revisited in 1990 (penalties were re-assessed)

Regulations Arms and Ammunitions Regulations, 1966

Year of implementation January 1st, 1966

Other legislation containing firearms controls

Commerce and Trade Act 21/1971 Trades Tax Imports Regulations, 1997 As Amended The Prisons Act, 1964 The Prisons Regulations Act, 1965 The Public Order Act, 1963 The Police Reserve Act, 1962 The Police Act, 1957 The Rifle Association Act, 1940 The Military Manoeuvres Act, 1903

Central Firearms Registry Yes, manually and electronically maintained

Number of registered civilian firearms

Unknown

Review

Definitions in Swaziland’s firearms control legislation

Definitions

Analytical category SADC Firearms Protocol UN Firearms Protocol National legislation

Firearms Article 1 “firearm” means: (a) any portable lethal weapon that expels, or is designed to expel, a shot, bullet or projectile by the action of burning propellant, excluding antique firearms or their replicas that are not subject to authorisation in the respective State Parties; (b) any device which may be readily converted into a weapon referred to in paragraph a); (c) any small arm as defined in this Article; or (d) any light weapon as defined in this Article

Article 3 (a) “Firearm” shall mean any portable barrelled weapon that expels, is designed to expel or may be readily converted to expel a shot, bullet or projectile by the action of an explosive, excluding antique firearms or their replicas. Antique firearms and their replicas shall be defined in accordance with domestic law. In no case, however, shall antique firearms include firearms manufactured after 1899;

Arms and Ammunition Act 1964 Art. 2 "arm" means a firearm or arm of war; "firearm" means — (a) a pistol, revolver, shotgun or other lethal barrelled weapon of any description — (i) from which a shot, bullet or other missile can be dis-charged; or (ii) which can be adapted for the discharge of a shot, bullet or other missile; or (b) a weapon of any descrip-tion designed or adapted for the discharge of a noxious liquid or gas or any other thing; but does not include airgun of less than .22 calibre;

Ammunition

Article 1 “ammunition” means the complete cartridge including the cartridge case, unfired primer, propellant, bullets and projectiles that are used in a firearm, provided those components are themselves subject to authorisation in the respective State Parties;

Article 3 (c) “Ammunition” shall mean the complete round or its components, including cartridge cases, primers, propellant powder, bullets or projectiles, that are used in a firearm, provided that those components are themselves subject to authorization in the respective State Party;

Arms and Ammunition Act 1964 Art. 2 "ammunition" means — (a) ammunition for a firearm, or (b) grenades, bombs and other like missiles whether or not capable of use with a firearm, or (c) ammunition containing, or designed or adapted to contain, a noxious liquid or gas or any other noxious thing;

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Definitions

Analytical category SADC Firearms Protocol UN Firearms Protocol National legislation

Light weapons / arms of war

Article 1 “light weapons” include the following portable weapons designed for use by several persons serving as a crew: heavy machine guns, automatic cannons, howitzers, mortars of less than 100 mm calibre, grenade launchers, anti-tank weapons and launchers, recoilless guns, shoulder fired rockets, anti-aircraft weapons and launchers, and air defence weapons.

Arms and Ammunition Act 1964 Art. 2 "arm of war" includes — (a) artillery of all kinds; (b) apparatus for the discharge of all kinds of projectiles whether explosive or gas diffusing; (c) flame-throwers, bombs, grenades, machine-guns, land mines of any kind whatsoever and rifled smallbore breach-loading weapons, but does not include sporting-rifles or other weapons or apparatus not intended for warlike purposes; (Amended K.O-I-C. 26/1977)

Small arms Article 1 “small arms” include light machine guns, sub-machine guns, including machine pistols, fully automatic rifles and assault rifles and semi-automatic rifles;

Other related materials / parts and components

Article 1 “other related materials” means any components, parts or replacement parts of a firearm that are essential to the operation of the firearm;

Article 3 (b) “Parts and compo-nents” shall mean any element or replacement element specifically designed for a firearm and essential to its operation, including a barrel, frame or receiver, slide or cylinder, bolt or breech block, and any device designed or adapted to diminish the sound caused by firing a firearm;

Breakdown of Swaziland’s firearms control legislation


Licensing

Analytical category International & regional instruments Current national legislative controls Conformity

Description of licensing process – how firearms licence is obtained

SADC Firearms Protocol Art. 5 (3) (a) (j) Requires the prohibition of unrestricted possession of small arms by civilians. Requires the monitoring and auditing of licences held in a person’s possession. Bamako Declaration Art. 3 A (iii) Recommends establishing as a criminal offence the illegal possession of small arms and light weapons. UN Programme of Action II Art. 3 Recommends establishing as a criminal offence the illegal possession of small arms and light weapons.

Arms and Ammunition Act 1964 Art. 11 (1) No person shall be in possession of a firearm or arms of war unless he is the holder of a current licence to possess it or is otherwise permitted to possess it under this Act. (Amended K.O-I-C. 26/1977). (2) No person shall be in possession of ammuni-tion unless he is the holder of a current permit or licence to possess the firearm for which such ammunition is intended, or is otherwise permitted to possess such ammunition under this Act. (3) No person shall be in possession of a barrel, bolt, chamber or other essential component part of a firearm or an arm of war unless he is permitted to do so under this section. (5) The licensing officer may authorise an appropriate officer, an officer of customs or an immigration officer to grant a permit in the prescribed form or if no such form has been prescribed, in a form approved by the licensing officer, and on payment of the prescribed fee, to — (a) a person, whether or not he is under the age of sixteen years authorising — (i) the temporary possession of a firearm or ammunition or both for a period not exceeding three weeks at a time and subject to such conditions as are stated in the permit; or (ii) the possession of any part of a firearm mentioned in subsection (3) for such period as he thinks fit; and (b) an individual in his capacity as the employee of a person authorising the possession of a firearm for such purposes and period and subject to such conditions as the licensing officer may prescribe, including the right of any other employee (ap-proved by the licensing officer) of such person to possess the firearm in such capacity, subject to such conditions as the licensing officer may

The national legislation largely conforms to the international and regional agree-ments, an exception being that there is no restriction on the number of firearms owned by a person.

SWAZILAND 13


Licensing


prescribe. (6) An application for such permit shall — (a) in the first instance, be made in writing and addressed to the nearest appropriate officer of the district in which the applicant is resident; and (b) then be referred by that officer to the licensing officer with his recommendation. (7) If an officer grants a permit to a person as a tourist under subsection (5)(a)(i) — (a) it shall, for the period of its validity, also be deemed to be both an import permit and an export permit in respect of the articles in question; and (b) subsection (6) and section 10 shall be deemed to have been complied with. Art. 24 (1) On becoming permanently resident in another district, the holder of a licence to possess a firearm shall, without delay produce the licence and the firearm to the nearest appropriate officer of such district and, thereupon, such officer shall, if satisfied that the licence relates to the firearm — (a) endorse upon the licence a certificate of verification of the new address of the holder; (b) return the firearm and the licence so endorsed to the holder; and (c) forward particulars of the endorsement to the licensing officer. (Amended L.14/1965.) (2) The holder of a licence who fails to comply with subsection (1) shall be guilty of an offence and liable on conviction to imprisonment not exceeding six months or a fine not exceeding E1,000, or both. Art. 25 (1) Subject to this section, no person shall remove or transport a firearm or ammunition from a firearms dealer to another firearms dealer, or a customer of the dealer or cause it to be so removed or transported, except under, and in accordance with the terms and conditions of, a removal permit. (2) An application for such permit shall be made to the licensing officer and the applicant shall produce to him such documents and furnish such particulars as that officer may require. (3) When subsection (2) has been complied with and the applicant has paid any prescribed fee, the licensing officer shall issue him with a removal permit. (4) A person who contravenes subsection (1) shall be guilty of an offence and liable on conviction to a fine not exceeding E1,000 or imprisonment not exceeding six months (Amended A.6/1988) (5) This section shall not apply to the carriage of a firearm or ammunition by a person, other than a licensed firearms dealer, which this Act or a licence entitles him to have in his possession at the time of such carriage.



Restrictions and conditions


Personal suitability to possess arms

Arms and Ammunition Act 1964 Art. 18 (1) Subject to subsection (2) and section 32 a [district commissioner or a] magistrate may declare any person to be unfit to possess a firearm of any description for a period not exceeding five years and order him to deliver any firearm or ammunition in his possession and owned by him to the nearest police station. (2) A declaration under this section shall not be made, unless — (a) a police officer has made a complaint on oath to such [district commissioner or] magistrate that such person is unfit to possess a firearm of any description because of certain facts mentioned in the complaint; and (b) such [district commissioner or] magistrate — (i) has ordered such person to appear before him, and if necessary has ordered him to be arrested and brought before him; (ii) has inquired into the complaint for which purpose he may administer an oath to the parties and any witnesses; and (iii) is of the opinion that the complaint is well founded.

Age restrictions Arms and Ammunition Act 1964 Art. 11 (4) Any person under the age of sixteen years is disqualified from owning a firearm, or possessing it except in accordance with this section. Art. 11 (5) The licensing officer may authorise an appropriate officer, an officer of customs or an immigration officer to grant a permit in the prescribed form or if no such form has been prescribed, in a form approved by the licensing officer, and on payment of the prescribed fee, to — (a) a person, whether or not he is under the age of sixteen years authorising — (i) the temporary possession of a firearm or ammunition or both for a period not exceeding three weeks at a time and subject to such conditions as are stated in the permit; or (ii) the possession of any part of a firearm mentioned in subsection (3) for such period as he thinks fit; and (b) an individual in his capacity as the employee of a person authorising the possession of a firearm for such purposes and period and subject to such conditions as the licensing officer may prescribe, including the right of any other employee (ap-proved by the licensing officer) of such person to possess the firearm in such capacity, subject to such conditions as the licensing officer may prescribe. Art. 12 (3) Such annual licence shall not be issued unless the applicant produces the certificate of registration of that firearm to the licensing officer and pays him the prescribed fee. (4) Such licence shall not be renewed unless the applicant has paid the licensing officer the prescribed fee and produced to him — (a) the certificate of registration of that firearm, and (b) a certificate, in a form approved by the licensing officer furnished by the nearest appropri-ate officer of the district to the effect that such

SWAZILAND 15




appropriate officer has inspected such firearm, and has verified its marks of identification and caused any necessary renewal thereof to be effected. (5) For the purpose of obtaining the certificate mentioned in subsection (4)(b), the applicant shall produce the firearm to that appropriate officer for his inspection and pay him the expense of any necessary renewal of its marks of identification. (6) An application for a licence shall if the applicant is an individual be made, by himself, and if it is a body of persons corporate or incorporate by the individual authorised for that purpose by the body, but in the case of a rifle club, the application shall be made by its secretary.

Competency test SADC Firearms Protocol Art. 5 (3) (i) Requires competency testing

The national legislation does not conform to the SADC Firearms Protocol.

Quantity of weapons

SADC Firearms Protocol Art. 5 (3) (j) Requires restrictions on quantities of weapons held


Licence required for each arm

Arms and Ammunition Act 1964 Art. 11 (1) No person shall be in possession of a firearm or arms of war unless he is the holder of a current licence to possess it or is otherwise permitted to possess it under this Act. (Amended K.O-I-C. 26/1977). Art. 24 (1) On becoming permanently resident in another district, the holder of a licence to possess a firearm shall, without delay produce the licence and the firearm to the nearest appropriate officer of such district and, thereupon, such officer shall, if satisfied that the licence relates to the firearm — (a) endorse upon the licence a certificate of verification of the new address of the holder; (b) return the firearm and the licence so endorsed to the holder; and (c) forward particulars of the endorsement to the licensing officer. (Amended L.14/1965.) (2) The holder of a licence who fails to comply with subsection (1) shall be guilty of an offence and liable on conviction to imprisonment not exceeding six months or a fine not exceeding E1,000, or both.

Quantity of ammunition

Type of weapon SADC Firearms Protocol Art. 5 (3) (b) Requires the total prohibition of civilian possession and use of light weapons.

Arms and Ammunition Act 1964 Art. 14 (1) Subject to section 17(1), no person shall import, purchase or otherwise acquire or be in possession of an arm of war. (2) Any person who contravenes this section shall be guilty of an offence and liable on conviction: (a) to a term of imprisonment not less than five years or to a fine not less than E5,000 in respect of

The national legislation conforms to the SADC Firearms Protocol.





a first offence; or (b) to a term of imprisonment not less than ten years or to a fine not less than E10,000 in respect of a second or subsequent offence, but in either case no such period shall exceed twenty years or fine shall exceed E20,000.

Duration of licence and renewal procedure

Arms and Ammunition Act 1964 Art. 12 (1) An annual licence shall be valid for a period of twelve months from the date of issue, and may in the discretion of the licensing officer be renewed for a period of twelve months at a time on each anniversary of the original date of issue. (3) Such annual licence shall not be issued unless the applicant produces the certificate of registra-tion of that firearm to the licensing officer and pays him the prescribed fee. (4) Such licence shall not be renewed unless the applicant has paid the licensing officer the prescribed fee and produced to him — (a) the certificate of registration of that firearm, and (b) a certificate, in a form approved by the licensing officer furnished by the nearest appropri-ate officer of the district to the effect that such appropriate officer has inspected such firearm, and has verified its marks of identification and caused any necessary renewal thereof to be effected. (5) For the purpose of obtaining the certificate mentioned in subsection (4)(b), the applicant shall produce the firearm to that appropriate officer for his inspection and pay him the expense of any necessary renewal of its marks of identification.

Withholding information or misrepresenta-tion

SADC Firearms Protocol Art. 5 (3) (l) Requires provisions that prohibit the misrepresentation or withholding of any information given with a view to obtain a licence or permit.

Arms and Ammunition Act 1964 Art. 16 Any person who makes a statement, which he knows to be false, for the purpose of procuring the grant, or renewal, of a licence, whether for himself or any other person shall be guilty of an offence and liable on conviction to imprisonment not exceeding twelve months or a fine not exceeding E1,000, or both (Amended A.6/1988).

The national legislation conforms to the SADC Firearms Protocol

Exemptions Arms and Ammunition Act 1964 Art. 13 (1) The Minister may, by notice published in the Gazette, exempt any person from payment of the prescribed fee in respect of any type of firearm if the secretary of an approved rifle club is permitted to possess such firearm on behalf of the club, it is solely the property of such club, and is only used [sued] for target practice by individual members thereof. (2) A member of any such rifle club may be in possession of a firearm so exempted and ammunition for it without a licence when he is engaged as such in, or in connexion with target practice on a range approved by the licensing officer. Art. 36 (1) Save as otherwise provided in this section, this Act shall not apply to — (a) arms and ammunition which are the property of the Government which are authorised by the Government to be in the temporary possession of — (i) a person serving in the regular forces of

SWAZILAND 17




Swaziland, or (ii) a police officer, or (iii) a member of the staff of a Government prison, or (iv) any other officer of the Government, in the course of his duties as such; (b) arms and ammunition which are the property of His Majesty the King which are authorised by Him to be in the possession of his personal guard in the course of their duties as such; (c) arms and ammunition which are the property of the Government of Swaziland or of the Govern-ment of another country which are authorised by such Government to be in the temporary posses-sion of a person serving in the regular forces of such country stationed in Swaziland, with the approval of the Government of Swaziland. (2) Sections 15(4) to (7) inclusive and 23(1) shall apply to persons in possession of arms and ammunition under subsection (1) of this section. (3) Nothing in this Act relating to firearms shall apply to a firearm imported, exported, purchased or otherwise acquired, or sold or otherwise transferred, or possessed, as a curiosity or ornament if the firearm is rendered permanently incapable of being fired. (4) Subject to an appeal to the Minister who may confirm or set aside the determination, the licensing officer may determine whether a firearm is, for the purpose of subsection (3) a curiosity or an ornament, or rendered permanently incapable of being fired. (Amended L.14/1965; A.43/1968.)


Possession and use


Restrictions on application/ use of firearm – when, where, how? (potential cases include: resisting arrest, injure / endanger person or property, handle firearm under influence of drugs/alcohol, negligent discharge, point gun without good cause, restric-tions on carriage of firearm (when, where (public place)), how (holster,

SADC Firearms Protocol Art. 5 (3) (e) Requires measures ensuring that proper controls are exercised over the possession and use of firearms, ammunition and other related materials. Bamako Declaration Art. 3 A (iii) Recommends establishing as a criminal offence the illegal possession and use of small arms and light weapons. UN Programme of Action II Art. 3 Recommends establishing as a criminal offence the illegal possession of small arms and light weapons.

Arms and Ammunition Act 1964 Art. 20 (1) Whether or not he is in a vehicle, no person shall, without lawful authority or reasonable excuse, the proof of which shall lie with him, carry a firearm with or without ammunition suitable for use in that firearm. (2) Any person who contravenes subsection (1) shall be guilty of an offence and liable on convic-tion to a fine not exceeding E1,000 or imprison-ment not exceeding twelve months. (Amended A. 43/1968; A.6/1988) Art. 21 (1) Any person who in any way uses, or attempts to use an arm or imitation arm with intent to resist or prevent the lawful apprehension or detention of himself or any other person shall be guilty of an offence and liable on conviction to a penalty of imprisonment for a term of not less than seven years or a fine of not less than E7,000 or both. (Amended A.6/1988). Art. 23 (1) Any person who is drunk, or behaves in a disorderly manner while carrying a firearm shall be guilty of an offence and liable on conviction to

The national legislation conforms to the international and regional agreements.



Possession and use


concealed etc)) imprisonment not exceeding two years or a fine not less than E5,000, or both. (2) Any person who, without lawful excuse, points an airgun, of whatever calibre, a pistol, or any other kind of arm, at a person, shall be guilty of an offence, whether or not it is loaded, and liable on conviction to imprisonment not exceeding two years or a fine not exceeding E2,000, or both.

Storage and safekeeping

SADC Firearms Protocol Art. 5 (3) (i) Requires effective controls over firearms, including storage.

Arms and Ammunition Act 1964 Art. 15 (1) Subject to this Act and to payment of any fee prescribed, any person may deliver a firearm or ammunition belonging to him to the nearest appropriate officer for the purpose (to be stated at the time) of safe custody, or destruction by the Swaziland Police. (4) A person who is in possession of an arm or ammunition shall keep it at all times in safe condition and safe custody, and take all reason-able precautions to ensure that it does not become lost or stolen, or is not, at any time, available to a person not lawfully entitled to possess it. (5) Any person who is in possession of a pistol or revolver or the ammunition for either shall in addition to the requirements of subsection (4) when it is not in his actual physical possession, keep it either securely locked up to, or in, an immovable object, or in a place approved by the licensing officer.


Restrictions on / conditions of relinquishing firearms: to whom (author-ised person, dealer, licence holder, relations etc)

SADC Firearms Protocol Art. 5 (3) (i) Requires restrictions on the owner’s rights to relinquish control, use and possession of firearms, ammunitions and other related materials.

Arms and Ammunition Act 1964 Art. 11 (5) The licensing officer may authorise an appropriate officer, an officer of customs or an immigration officer to grant a permit in the prescribed form or if no such form has been prescribed, in a form approved by the licensing officer, and on payment of the prescribed fee, to — (a) a person, whether or not he is under the age of sixteen years authorising — (i) the temporary possession of a firearm or ammunition or both for a period not exceeding three weeks at a time and subject to such conditions as are stated in the permit; or (ii) the possession of any part of a firearm mentioned in subsection (3) for such period as he thinks fit; and (b) an individual in his capacity as the employee of a person authorising the possession of a firearm for such purposes and period and subject to such conditions as the licensing officer may prescribe, including the right of any other employee (ap-proved by the licensing officer) of such person to possess the firearm in such capacity, subject to such conditions as the licensing officer may prescribe.


leasing / lending Arms and Ammunition Act 1964 Art. 11 (5) The licensing officer may authorise an appropriate officer, an officer of customs or an immigration officer to grant a permit in the prescribed form or if no such form has been prescribed, in a form approved by the licensing officer, and on payment of the prescribed fee, to — (a) a person, whether or not he is under the age of

SWAZILAND 19


Possession and use


sixteen years authorising — (i) the temporary possession of a firearm or ammunition or both for a period not exceeding three weeks at a time and subject to such conditions as are stated in the permit; or (ii) the possession of any part of a firearm mentioned in subsection (3) for such period as he thinks fit.

pawning / pledging

SADC Firearms Protocol Art 5 (3) (k) Requires controls over pawning and pledging of firearms, ammunition and other related materials.


inheritance / death

others

Notifying authorities of altered circum-stances (death, loss, theft, change of address, weapon to gunsmith, disposal, destruction etc)

Arms and Ammunition Act 1964 Art. 24 (1) On becoming permanently resident in another district, the holder of a licence to possess a firearm shall, without delay produce the licence and the firearm to the nearest appropriate officer of such district and, thereupon, such officer shall, if satisfied that the licence relates to the firearm — (a) endorse upon the licence a certificate of verification of the new address of the holder; (b) return the firearm and the licence so endorsed to the holder; and (c) forward particulars of the endorsement to the licensing officer. (Amended L.14/1965.)

Others carry licence while in possession, civilian mainte-nance, repair, loading

Arms and Ammunition Act 1964 Art. 22 (1) Subject to section 6, no person shall convert anything having the appearance of an arm, but so constructed as to be incapable of discharg-ing a missile through its barrel, into an arm. (2) Any person who contravenes subsection (1) shall be guilty of an offence and liable on convic-tion to imprisonment not less than five years or a fine not less than E5,000, or both. Art. 30 (1) Every person to whom a certificate of registration, or a licence is issued shall at all times, keep such certificate or licence on his person or at his residence and available for inspection by a police officer at the request of such officer.



Offences / penalties


Arms and Ammunition Act 1964 Art. 11 (8) A person who – (a) contravenes subsection (1) in relation to a firearm; or (b) contrary to subsection (3) or (4) owns or is in possession of a firearm or of an arm of war or of any other essential component part threreof; or (Replaced A.5/1990) (c) contravenes subsection (2) or fails to comply with any condition of a licence or permit granted under this Act, (Replaced A.5/1990.) shall be guilty of an offence and, on conviction, liable to – (i) in respect of an offence under paragraph (a) or (b), to the penalties provided for in section 14(2); or (ii) in respect of an offence under paragraph (c), to a fine not exceeding (iii) E2,000 or to a term of imprisonment not exceeding two years or both. (Amended K.O-I-C.26/1977; A.5/1990; Replaced A.6/1988) (9) An occupier of premises or a person who is on or in charge of or who accompanies any animal, aeroplane, motor or other vehicle, on or in which there is any arm or ammunition, shall, unless the contrary is proved, be presumed to be the possessor of such arm or ammunition, as the case may be. (Amended L.14/1965; A. 43/1968.) Art. 14 (2) Any person who contravenes this section shall be guilty of an offence and liable on conviction: (a) to a term of imprisonment not less than five years or to a fine not less than E5,000 in respect of a first offence; or (b) to a term of imprisonment not less than ten years or to a fine not less than E10,000 in respect of a second or subsequent offence, but in either case no such period shall exceed twenty years or fine shall exceed E20,000. Art. 15 (6) Any person who fails to comply with subsection (4) or (5), or report any loss or theft of an arm or ammunition forthwith to the Swaziland Police shall be guilty of an offence and liable on conviction to imprisonment not exceeding three years or a fine not exceeding E3,000, or both. (7) In a prosecution for a failure to take the reasonable precautions referred to in subsection (4), the onus of proof that he took all such reasonable precautions shall be on the person prosecuted. Art. 16 Any person who makes a statement, which he knows to be false, for the purpose of procuring the grant, or renewal, of a licence, whether for himself or any other person shall be guilty of an offence and liable on conviction to imprisonment not exceeding twelve months or a fine not exceeding E1,000, or both (Amended A.6/1988). Art. 20 (2) Any person who contravenes subsec-tion (1) shall be guilty of an offence and liable on conviction to a fine not exceeding E1,000 or imprisonment not exceeding twelve months. (Amended A. 43/1968; A.6/1988) Art. 21 (1) Any person who in any way uses, or attempts to use an arm or imitation arm with intent to resist or prevent the lawful apprehension or

SWAZILAND 21




detention of himself or any other person shall be guilty of an offence and liable on conviction to a penalty of imprisonment for a term of not less than seven years or a fine of not less than E7,000 or both. (Amended A.6/1988). Art. 22 (1) Subject to section 6, no person shall convert anything having the appearance of an arm, but so constructed as to be incapable of discharg-ing a missile through its barrel, into an arm. (2) Any person who contravenes subsection (1) shall be guilty of an offence and liable on convic-tion to imprisonment not less than five years or a fine not less than E5,000, or both. Art. 23 (1) Any person who is drunk, or behaves in a disorderly manner while carrying a firearm shall be guilty of an offence and liable on conviction to imprisonment not exceeding two years or a fine not less than E5,000, or both. (2) Any person who, without lawful excuse, points an airgun, of whatever calibre, a pistol, or any other kind of arm, at a person, shall be guilty of an offence, whether or not it is loaded, and liable on conviction to imprisonment not exceeding two years or a fine not exceeding E2,000, or both. Art. 24 (2) The holder of a licence who fails to comply with subsection (1) shall be guilty of an offence and liable on conviction to imprisonment not exceeding six months or a fine not exceeding E1,000, or both. Art. 25 (4) A person who contravenes subsection (1) shall be guilty of an offence and liable on conviction to a fine not exceeding E1,000 or imprisonment not exceeding six months (Amended A.6/1988) Art. 29 Any person who obstructs a police officer in the exercise of any power conferred by section 23 or 24, or fails to give a police officer any information which is he lawfully required to give such police officer under section 24, shall be guilty of an offence and liable on conviction to a fine not exceeding E1,000, or imprisonment not exceeding twelve months, or both. (Amended A.6/1988)


Marking


When? (import / export / transit / manufacture etc)

SADC Firearms Protocol Art. 5 (3) (g), 9 (1) and (2) Requires provisions for the standardised marking and identification of firearms at the time of manufacture, import or export. Bamako Declaration Art. 3 A (iv) Recommends establishing at the national level the responsible management of licit arms.

Arms and Ammunition Act 1964 Art. 10 (8) The appropriate officer shall cause any necessary renewal of the identification marks of the firearm to be effected and forward particulars of those marks, the permit, both copies of the photograph, and the fee so paid, to the licensing officer. Art. 12 (3) Such annual licence shall not be issued unless the applicant produces the certificate of registration of that firearm to the licensing officer and pays him the prescribed fee. (4) Such licence shall not be renewed unless the

The national legislation does not conform to the SADC Firearms Protocol – The legislation does not appear to provide provisions for the standardised marking and identification of firearms.



Marking


UN Firearms Protocol Art 6 (2) Requires the marking of firearms prior to their disposal. UN Programme of Action Art. 7 Recommends manufacturers apply an appropriate and reliable marking to each small arm and light weapon as an integral part of the production process. This marking should be unique and should identify the country of manufacture and also provide information that enables the national authorities of that country to identify the manufac-turer and serial number so that the authorities concerned can identify and trace each weapon. Art 8 Recommends states adopt and enforce all the necessary measures to prevent the manufacture, stockpiling, transfer and possession of any unmarked or inadequately marked small arms and light weapons. Art 16 Recommends that confiscated, seized and collected small arms and light weapons are destroyed, provided that such weapons have been duly marked and registered.

applicant has paid the licensing officer the prescribed fee and produced to him — (a) the certificate of registration of that firearm, and (b) a certificate, in a form approved by the licensing officer furnished by the nearest appropri-ate officer of the district to the effect that such appropriate officer has inspected such firearm, and has verified its marks of identification and caused any necessary renewal thereof to be effected. (5) For the purpose of obtaining the certificate mentioned in subsection (4)(b), the applicant shall produce the firearm to that appropriate officer for his inspection and pay him the expense of any necessary renewal of its marks of identification. Arms and Ammunition Regulations 1964 Art. 4 (1) A firearms dealer shall not sell, issue or return a firearm, or barrel, bolt or chamber of a firearm to any person other than another firearms dealer, unless such firearm or part. thereof bears a mark or number of identification. (2) A firearms dealer shall maintain equipment for the purpose of stamping marks and numbers of identification on firearms, and parts of firearms, in accordance with this regulation. (3) A firearms dealer shall comply with any directions given by the licensing officer concerning the – (a) firearms or parts to be stamped; (b) manner in which the stamping is to be effected; (c) marks and numbers to be used; and (d) safe custody of the keys, and any duplicate keys, of his premises

The national legislation conforms to the Bamako Declaration.

How? stamping / engraving?

Arms and Ammunition Regulations 1964 Art. 4 (2) A firearms dealer shall maintain equipment for the purpose of stamping marks and numbers of identification on firearms, and parts of firearms, in accordance with this regulation. (3) A firearms dealer shall comply with any directions given by the licensing officer concerning the – (a) firearms or parts to be stamped; (b) manner in which the stamping is to be effected; (c) marks and numbers to be used; and (d) safe custody of the keys, and any duplicate keys, of his premises. Art. 5 A firearms dealer shall securely maintain under lock and key, an accurate register of marks, in a form approved by the licensing officer, in which he shall record – (a) every mark or number of identification stamped by him; (b) the make, type and calibre of the firearm or part stamped; (c) the name and address of the person to whom it is issued; and (d) the mark or number of any firearm to which a part so stamped is affixed. (Amended L. N. 61/1965).

where on weapon?

SWAZILAND 23


Marking


with what? (unique alpha-numeric symbol / identifying country and manufacturer)

SADC Firearms Protocol Art. 9 (1) and (2) UN Firearms Protocol Art. 8 UN Programme of Action Section II Art. 7 The agreements require specific provisions for a unique number to be marked on the barrel, frame or slide at the time of manufacture or import. Such information must permit identification of country of manufacture and manufacturer.

The national legislation does not conform to the regional and international agreements.


Record keeping


Description of record keeping specifications (what? where? how? by whom? for how long? when must authorities be provided with information?)

SADC Firearms Protocol Art. 5 (3) (d) Requires state parties to incorporate into their national laws as a matter of priority the regulation and centralised registration of all civilian owned firearms in their territories. SADC Firearms Protocol Art. 8 (d) State owned firearms – requires state parties to establish systems to verify the validity and authenticity of documents issued by licensing authorities in the Region. UN Firearms Protocol Art. 7 and 9 Requires the maintenance of records of markings and other information for not less than 10 years of firearms, ammunition and components that are necessary to trace illicitly manufactured or trafficked arms. Recommends records be kept of all de-activated firearms. UN Programme of Action Section II Art. 9 Recommends ensuring comprehensive and accurate records are kept for as long as possible on the manufacture, holding and transfer of small arms and light weapons. Records should be maintained and organised to facilitate accurate and prompt information retrieval. Bamako Declaration Art. 3 A (iv)

Arms and Ammunition Act 1964 Art. 6 (5) A firearms dealer or approved gunsmith shall maintain such registers, render such returns to the licensing officer and do such other things in connexion with the foregoing as may be pre-scribed. (6) A person who fails to comply with subsection (1), (3) or (5), or wilfully makes a false entry in such register or return, shall be guilty of an offence and liable on conviction to a fine not exceeding one thousand emalangeni or, in default of payment thereof, to imprisonment not exceeding two years or both. Art. 9 (1) Subject to this Act and any other law, no person shall import, export, purchase or otherwise acquire a firearm or ammunition except under and in accordance with the terms and conditions of a permit. (2) No person shall sell or otherwise transfer — (a) a firearm, except to a person having a permit to acquire the firearm; and (b) ammunition, except to a person licensed to possess the firearm in which such ammunition is to be used, who is permitted to acquire the ammuni-tion under this Act. (3) Any person who transfers a firearm in accordance with subsection (2)(a) shall, within two days of the transfer notify the licensing officer thereof. (4) Any person who contravenes this section shall be guilty of an offence and liable on conviction to imprisonment not exceeding two years or a fine not exceeding one thousand emalangeni, or both. Art. 10 (9) The licensing officer shall — (a) cause particulars of the type, calibre, maker's name and identification number or other distin-guishing mark of the firearm, the number and date of the issue of the permit, and a copy of such photograph to be recorded in the relevant portion of the register;

The national legislation does not conform to interna-tional and regional agreements. The legislation does not specify the central-ised registration of all civilian owned firearms and does not specify records be kept for a period of up to ten years. It does not require that the state establish systems to verify the validity and authen-ticity of documents issued by other licensing authorities in the region.



Record keeping


Recommends establishing at the national level the responsible management of licit arms.

Arms and Ammunition Regulations 1964 Art. 5 A firearms dealer shall securely maintain under lock and key, an accurate register of marks, in a form approved by the licensing officer, in which he shall record – (a) every mark or number of identification stamped by him; (b) the make, type and calibre of the firearm or part stamped; (c) the name and address of the person to whom it is issued; and (d) the mark or number of any firearm to which a part so stamped is affixed. (Amended L. N. 61/1965). Art. 6 (1) On the commencement of these regulations a firearms dealer shall enter in a register, kept in accordance with this regulation, particulars of all firearms and ammunition held by him at the close of business on the preceding day. (2) A firearms dealer shall keep in a register, in such form as the licensing officer may approve, of all firearms and ammunition – (a) received by him subsequent to the com-mencement of these regulations; and (b) sold or otherwise disposed of by him, together with the names and addresses of the persons to whom they were delivered in pursuance thereof; and all the licences relevant to such firearms and ammunition. Art. 7 On or before the fifteenth day of January, and thereafter on or before the fifteenth day of July, in each year, a firearms dealer shall make a return to the licensing officer in duplicate and in the approved form, of all firearms and ammunition which the dealer received or disposed of during the half-year ended the thirty-first day of Decem-ber, and, also during the half-year ended on the thirtieth day of June, immediately preceding. (Amended L. N. 61/1965). Art. 9 A firearms dealer who contravenes these regulations shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred emalangeni or imprisonment not exceeding six months, or both.




UN Firearms Protocol Art. 5 (1) (a-c) (2) (a + b) Requires the criminalisation of illicit manufacturing of and trafficking in firearms, their parts and components, and of falsifying or illicitly obliterating, removing or altering markings.

Arms and Ammunition Act 1964 Art. 6 (6) A person who fails to comply with subsection (1), (3) or (5), or wilfully makes a false entry in such register or return, shall be guilty of an offence and liable on conviction to a fine not exceeding one thousand emalangeni or, in default of payment thereof, to imprisonment not exceeding two years or both. Art. 9 (4) Any person who contravenes this section shall be guilty of an offence and liable on convic-

The national legislation does not appear to wholly conform to the UN Firearms Protocol – for example, these national provisions do not appear to make it an offence to illegally falsify,

SWAZILAND 25




tion to imprisonment not exceeding two years or a fine not exceeding one thousand emalangeni, or both. Arms and Ammunition Regulations 1964 Art. 9 A firearms dealer who contravenes these regulations shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred emalangeni or imprisonment not exceeding six months, or both.

obliterate or remove or alter the marking on a firearm.


Licensing


Description of licensing process (licensing / registration of persons and transactions? Competency? Duration of licences? Offence withhold information? Distinction between civilian and commercial transfers? Specifications of licence – information to be included on licence? Required documentation – end-user certificates etc?)

SADC Firearms Protocol Art. 5 (1) Requires state parties to enact the necessary legislation to establish as criminal offences the illicit trafficking in firearms and ammunition. UN Firearms Protocol Art 5 (1) (b) Art 10 (1), (2) and (3) Requires state parties to adopt legislative and other measures making the illicit trafficking in firearms illegal. Requires provisions catering for the international transit of firearms. Requires provisions for verifying the issuance of import licenses and authority for transit. Requires provisions outlining the specific detailed information to be included on export and import licences. These should include a minimum of: • Place and date of issuance • Date of expiration • Country of export • Country of import • Final recipient • Description and quantity of goods • Country of transit, where appropriate. UN Programme of Action Section II Art. 2, Art. 11 and Art. 12 Requires provisions catering for international transit of firearms. Mention should be made of the requirement for end-user certificates. Bamako Declaration Art. 3 A (iii) (vii)

Arms and Ammunition Act 1964 Art. 9 (1) Subject to this Act and any other law, no person shall import, export, purchase or otherwise acquire a firearm or ammunition except under and in accordance with the terms and conditions of a permit. (2) No person shall sell or otherwise transfer (a) a firearm, except to a person having a permit to acquire the firearm; and (b) ammunition, except to a person licensed to possess the firearm in which such ammunition is to be used, who is permitted to acquire the ammuni-tion under this Act. (3) Any person who transfers a firearm in accordance with subsection (2)(a) shall, within two days of the transfer notify the licensing officer thereof. (4) Any person who contravenes this section shall be guilty of an offence and liable on conviction to imprisonment not exceeding two years or a fine not exceeding one thousand emalangeni, or both. Art. 10 (1) Any person who is not disqualified and who desires to import or export, or purchase or otherwise acquire, any firearm or ammunition may, subject to subsection (2), make an application for such purpose to the licensing officer. (2) In the case of an application in respect of a firearm, the application shall be made in the prescribed form, supported by an affidavit. (3) In the case of an application in respect of a firearm where the applicant is resident in Swazi-land, the application shall first be submitted to the nearest appropriate officer of the district, who shall forward it, together with his recommendation and that of the district commissioner of such district, to the licensing officer. (4) Subject to section 32, the licensing officer may refuse or subject to such conditions as he considers necessary grant the application, and with the approval of the Minister, revoke a permit. (5) If an application is granted under subsection (4), the licensing officer shall issue the appropriate permit to the appropriate officer who shall forward it to the applicant.

The national legislation conforms to the SADC Firearms Protocol. The national legislation does not, however, conform to the UN Firearms Protocol as it does not specify the minimum amount of information required. These national provision do not conform to the UN Programme of Action as they do not make mention of end-user certificates. The national legislation does not conform to the Bamako Declaration as the national legislation does not contain controls over brokers, shipping agents and transit agents. These national provisions generally do no seem to cover exportation.



Licensing


Recommends establishing as a criminal offence the illegal trafficking of small arms and light weapons. Requires that states take appropriate measures to control arms transfers by manufacturers, suppliers, traders, brokers, shipping and transit agents

(6) On importation, purchase or other acquisition, of the firearm, as the case may be, the applicant shall deliver the firearm, the permit in question, and two copies of the photograph mentioned in subsection (7) to the nearest appropriate officer of the district in which the applicant is resident and shall pay such officer the prescribed fee for registration of the firearm. (9) The licensing officer shall — (a) cause particulars of the type, calibre, maker's name and identification number or other distin-guishing mark of the firearm, the number and date of the issue of the permit, and a copy of such photograph to be recorded in the relevant portion of the register; (b) issue a certificate of registration of the firearm to the appropriate officer concerned which shall be made under his hand in the prescribed form and to which shall be affixed a copy of such photograph. (Amended L.14/1965; A.43/1968.) Art. 16 Any person who makes a statement, which he knows to be false, for the purpose of procuring the grant, or renewal, of a licence, whether for himself or any other person shall be guilty of an offence and liable on conviction to imprisonment not exceeding twelve months or a fine not exceeding E1,000, or both (Amended A. 6/1988).


Marking


What conditions pertain?

SADC Firearms Protocol Art. 5 (3) (g) Requires provisions for the standardised marking and identification of firearms at the time of import or export. Bamako Declaration Art. 3 A (iv) Recommends establishing at the national level the responsible management of licit arms. SADC Firearms Protocol Art. 9 (1) and (2) UN Firearms Protocol Art. 8 UN Programme of Action Section II Art. 7 and Art. 8 The agreements require specific provisions for a unique number to be marked on the barrel, frame or slide at the time of import or manufacture. Such information must permit identification of country of manufacture and manufacturer. Require provision prohibiting the manufacture, stockpiling, transfer or possession of unmarked

Arms and Ammunition Act 1964 Art. 10 (9) The licensing officer shall — (a) cause particulars of the type, calibre, maker's name and identification number or other distin-guishing mark of the firearm, the number and date of the issue of the permit, and a copy of such photograph to be recorded in the relevant portion of the register.

The national legislation does not wholly conform to the regional and international agreements, in that, e.g., the marking of imported, exported and transited firearms does not appear to be standardised.

SWAZILAND 27


Marking


weapons.


Restrictions


Where, how and what? (condi-tions of carriage)

UN Firearms Protocol Art. 11 Requires measures to detect, prevent and eliminate the theft, loss or diversion of, as well as manufacturing of and trafficking in, firearms, their parts and components and ammunition. Includes measures to enhance security and measures to increase the effectiveness of import, export and transit controls.

Arms and Ammunition Act 1964 Art. 26 (1) Any person who transmits an arm or ammunition by post, or causes it to be so transmitted shall be guilty of an offence and liable on conviction to a fine not exceeding E3,000 or a term of imprisonment not exceeding three years, or both (Amended A.6/1988) (2) An arm or ammunition found in the course of transmission by post may be seized and detained by an officer of the Department of Posts and Telecommunications or a police officer. (3) Unless a person is prosecuted for an offence under subsection (1) and the court orders the disposal thereof the arm or ammunition detained under subsection (2) shall be disposed of in accordance with the direction of the licensing officer. (Added L.14/1965; amended A.43/1968.)

The national legislation only partially conforms to the regional and international agreements. While provision is made for the transfer of weapons by post, there are no further provisions under this section.


Record keeping


What? submis-sion to authori-ties?

UN Programme of Action Art 9 Recommends that comprehensive and accurate records are kept for as long as possible on the manufacture, holding and transfer of small arms and light weapons. These records should be organized and maintained in such a way as to ensure that accurate information can be promptly retrieved and collated by competent national authorities.

Arms and Ammunition Act 1964 Art. 9 (3) Any person who transfers a firearm in accordance with subsection (2)(a) shall, within two days of the transfer notify the licensing officer thereof. (6) On importation, purchase or other acquisition, of the firearm, as the case may be, the applicant shall deliver the firearm, the permit in question, and two copies of the photograph mentioned in subsection (7) to the nearest appropriate officer of the district in which the applicant is resident and shall pay such officer the prescribed fee for registration of the firearm. (8) The appropriate officer shall cause any necessary renewal of the identification marks of the firearm to be effected and forward particulars of those marks, the permit, both copies of the photograph, and the fee so paid, to the licensing officer. (9) The licensing officer shall — (a) cause particulars of the type, calibre, maker's name and identification number or other distin-guishing mark of the firearm, the number and date of the issue of the permit, and a copy of such

The national legislation appears to conform to the UN Programme of Action.



Record keeping


photograph to be recorded in the relevant portion of the register; (b) issue a certificate of registration of the firearm to the appropriate officer concerned which shall be made under his hand in the prescribed form and to which shall be affixed a copy of such photograph. (Amended L.14/1965; A.43/1968.)


Special conditions


Temporary import, export? dignitaries, diplomats, tourists?

Arms and Ammunition Act 1964 Art. 11 (7) If an officer grants a permit to a person as a tourist under subsection (5)(a)(i) — (a) it shall, for the period of its validity, also be deemed to be both an import permit and an export permit in respect of the articles in question; and (b) subsection (6) and section 10 shall be deemed to have been complied with.


Re-export provisions





UN Firearms Protocol Art. 5 (1) (b + c) (2) (a - b) Requires provisions relating to the illicit manufacturing and trafficking in or interfering with markings for firearms and those acting as accomplices or who organise, direct, aid, abet, facilitate or council the commis-sion of such offences.

Arms and Ammunition Act 1964 Art. 9 (4) Any person who contravenes this section shall be guilty of an offence and liable on convic-tion to imprisonment not exceeding two years or a fine not exceeding one thousand emalangeni, or both. Art. 26 (1) Any person who transmits an arm or ammunition by post, or causes it to be so transmitted shall be guilty of an offence and liable on conviction to a fine not exceeding E3,000 or a term of imprisonment not exceeding three years, or both (Amended A.6/1988)

The national legislation does not wholly conform to the UN Firearms Protocol as it does not include provi-sions against trafficking or interfering with the markings on a firearm.

SWAZILAND 29

Brokering

Description of brokering controls


SADC Firearms Protocol Art. 5 (3) (m) Bamako Declaration Art. 3 A (vii) B (iv) UN Firearms Protocol Art. 15 UN Programme of Action Section II Art. 14 Requires adequate national legislation or administrative procedures regulating the activities of those who engage in small arms and light weapons brokering, including shipping and transit agents. This should include measures such as registration of brokers, licensing or authorization of brokering transactions as well as the appropriate penalties for all illicit brokering activities performed within the State’s jurisdiction and control. UN Firearms Protocol Art. 5 (2) (a) and (b) and Art. 14 Requires provisions relating to the illicit trafficking in firearms and those acting as accomplices or who organise, direct, aid, abet, facilitate or council the commis-sion of such offences. Requires adequate legislation regulating the activities of those who engage in small arms and light weapons brokering.

The national legislation does not comply with the regional and international agreements.

Brokering



Manufacture

Licensing


Description of licensing process (Competency? Duration of licences? Offence withhold

SADC Firearms Protocol Art. 5 (1) and (3) (e) Requires states to enact legislation to establish as criminal offences the illicit manufacturing of firearms, ammunition and other related

Arms and Ammunition Act 1964 Art. 17 (1) No person shall manufacture firearms, ammunition or arms of war except on behalf of the Government, and at a place established or designated for the purpose by, and in accordance with, instructions issued by the Minister. (2) Any person who contravenes this section shall

The national legislation conforms with the international and regional agreements.


Manufacture

Licensing


information? Specifications of licence – information to be included on licence? distinction between firearm and ammunition manufacturing? limits on quantities produced?)

materials. Requires measures ensuring that proper controls are exercised over the manufacturing of firearms, ammunition and other related materials. Bamako Declaration Art. 3 A (iii) Recommends establishing as a criminal offence the illicit manufacturing of small arms and light weapons. UN Firearms Protocol Art. 5 (1) + (2) Requires state parties to adopt legislation and other measures making the illicit manufacturing of firearms and ammunition a criminal offence. UN Programme of Action II Art. 3 Recommends establishing as a criminal offence the illegal manufacture of small arms and light weapons.

be guilty of an offence and liable, on conviction, to imprisonment for a term not less than ten years or a fine not less than E10,000, or both (Amended A.6/1988) Art. 2 "manufacture" in relation to arms and ammunition, does not include the — (a) repair of arms or ammunition; (b) conversion into an arm of a thing having the appearance of an arm but so constructed as to be incapable of discharging a missile through its barrel; or (c) alteration, replacement or substitution of a component part of an arm duly licensed;

Manufacture

Marking



SADC Firearms Protocol Art. 5 (3) (g) Requires provisions for the standardised marking and identification of firearms at the time of manufacture. Bamako Declaration Art. 3 A (iv) Recommends establishing at the national level the responsible management of licit arms. SADC Firearms Protocol Art. 9 (1) and (2) UN Firearms Protocol Art. 6 (2) and 8 UN Programme of Action Section II Art. 7 The agreements require specific provisions for a unique number to be marked on the barrel, frame or slide at the time of manufacture or import. Such information must permit identification of country of manufacture and manufacturer.

The national legislation does not conform with international and regional agree-ments.

SWAZILAND 31

Manufacture

Record keeping



SADC Firearms Protocol Art. 5 (3) (e) and 9 (1) State parties are required to enact measures to ensure the proper controls are exercised over firearms manufacturing. State Parties undertake to establish agreed systems to keep proper records of firearm markings. UN Programme of Action Section II Art. 9 Requires ensuring that accurate records are kept for as long as possible on the manufacture of small arms and light weapons. Records should be maintained and organised to ensure accurate and prompt retrieval of information. UN Firearms Protocol Art. 7 Requires the maintenance of records for not less than 10 years of information in relation to firearms.

Arms and Ammunition Act 1964 Art. 6 (5) A firearms dealer or approved gunsmith shall maintain such registers, render such returns to the licensing officer and do such other things in connexion with the foregoing as may be pre-scribed. (6) A person who fails to comply with subsection (1), (3) or (5), or wilfully makes a false entry in such register or return, shall be guilty of an offence and liable on conviction to a fine not exceeding one thousand emalangeni or, in default of payment thereof, to imprisonment not exceeding two years or both.

The national legislation does not conform with the UN Programme of Action as it does not specify that records be kept for a period of time, or that these are maintained and organised in such a way as to ensure their accuracy and the prompt retrieval of information.

Manufacture

Premises


Registration of premises? conditions of storage? restrictions on type / location?

UN Firearms Protocol Art. 11 Requires state parties to take appropriate measures to ensure the security of firearms, their parts and components and ammunition to prevent theft, loss and diversion at the time of manufacture.

Arms and Ammunition Act 1964 Art. 6 (3) A firearms dealer or approved gunsmith shall at all times store all arms and ammunition in his possession in a reinforced concrete room which — (a) is situated on his premises, (b) has one means of entry by a steel door fitted with two secure locks, and (c) otherwise complies with such requirements as the licensing officer may specify, either generally or specially. (4) A licence or certificate referred to in this section shall not be issued or renewed unless the licensing officer is satisfied that the dealer or approved gunsmith in question has available a room referred to in subsection (3) and the prescribed fee has been paid.

The national legislation conforms to the UN Firearms Protocol.


Manufacture

Restrictions on sale / transfer


To whom? what? conditions to be met? (documen-tation and reporting?)

Bamako Declaration Art. 3 A. (vii) Requires that states take appropriate measures to control arms transfers by manufacturers, suppliers, traders, brokers, shipping and transit agents

The national legislation does not conform to Bamako Declaration.

Manufacture

Quality control / standards


Manufacture

Gunsmiths


Conditions / controls relating to repair and modification (cross reference to deactivation controls)

Arms and Ammunition Act 1964 Art. 2 "manufacture" in relation to arms and ammunition, does not include the — (a) repair of arms or ammunition; (b) conversion into an arm of a thing having the appearance of an arm but so constructed as to be incapable of discharging a missile through its barrel; or (c) alteration, replacement or substitution of a component part of an arm duly licensed; Art. 6 (1) Subject to this Act no person shall by way of trade or business — (d) repair, test or prove a firearm unless he is in possession of a certificate from the licensing officer that he is a suitably experienced gunsmith; (9) In this section — "approved gunsmith" means gunsmith who is in possession of a certificate issued under subsection (1)(d); "gunsmith" means person who repairs firearms. (Amended L.14/1965.)

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Manufacture



SADC Firearms Protocol Art. 5 (1) Requires state parties to enact legislation and take other measures to establish as a criminal offence under national law the illicit manufacturing of firearms, ammunition and other related materials. UN Firearms Protocol Art. 5 (2) (a) and (b) Stipulates including provisions relating to the illicit manufactur-ing and trafficking in or interfering with markings for firearms and those acting as accomplices or who organise, direct, aid, abet, facilitate or council the commis-sion of such offences. Bamako Declaration Art 3 A (iii) Requires state parties to adopt legislative and other measures to establish as a criminal offence under national law, the illicit manufacturing of small arms and light weapons.

Arms and Ammunition Act 1964 Art. 6 (6) A person who fails to comply with subsection (1), (3) or (5), or wilfully makes a false entry in such register or return, shall be guilty of an offence and liable on conviction to a fine not exceeding one thousand emalangeni or, in default of payment thereof, to imprisonment not exceeding two years or both.

The national legislation does not conform to UN Firearms Protocol as it does not contain provisions relating to interfering with markings.

Trade

Licensing


Description of licensing process (Competency? Duration of licences? Offence withhold information? Specifications of licence – information to be included on licence? limits on quantities traded?)

SADC Firearms Protocol Art. 5 (3) (f) Requires state parties to enact legislation promoting legal uniformity and minimum standards in the transfer of firearms. Bamako Declaration Art. 3 A (vii) Recommends that Member States should take appropriate measures to control arms transfers by traders. UN Programme of Action II Art. 3 Recommends establishing as a criminal offence the illegal trade in small arms and light weapons.

Arms and Ammunition Act 1964 Art. 6 (1) Subject to this Act no person shall by way of trade or business — (a) sell or otherwise transfer; (b) expose for sale or other transfer; (c) have in his possession for sale or other transfer a firearm or ammunition, unless he is licensed to deal in firearms and ammunition at the premises in question; (d) repair, test or prove a firearm unless he is in possession of a certificate from the licensing officer that he is a suitably experienced gunsmith; or (e) sell or otherwise transfer or expose for sale any firearm unless such firearm has stamped on it a proof of makers name and is of a type approved by the Commissioner of Police. (2) Application for such licence or certificate shall be made in writing to the licensing officer. (7) Subject to subsection (8), this section shall not apply in respect of the sale of a firearm or ammunition by — (a) a person licensed to possess a firearm; or (b) a person acting under the authority of a court; or (c) an officer of customs in the exercise of his duties; or

The national provisions appear to conform to the regional and international agreements.


Trade

Licensing


(d) an auctioneer who without being licensed as a dealer in firearms and ammunition sells a firearm or ammunition by auction: Provided that he is the holder of a permit issued for the purpose by a licensing officer, and complies with the terms and conditions of such permit. (8) Subject to section 25, subsection (7) shall not apply if the firearm or ammunition so sold is delivered to a person who is not a licensed firearms dealer, or in possession of a permit, to acquire the firearm or ammunition, as the case may be. (9) In this section — "approved gunsmith" means gunsmith who is in possession of a certificate issued under subsection (1)(d); "firearms dealer" means person who, by way of trade or business sells or otherwise transfers firearms or ammunition; "gunsmith" means person who repairs firearms. (Amended L.14/1965.) Art. 7 (1) A licensed dealer in firearms and ammunition shall cause letters at least one inch long, and publicly visible and legible, to be painted in a conspicuous place on the walls outside, and over or near the door of the premises in respect of which he is licensed or on a board affixed to such place, showing in the case of — (a) an individual, his name in full; (b) a firm or partnership, its name or style; and (c) a company, its registered name; and thereunder the words "licensed dealer (or dealers) in firearms and ammunition". (2) Any licensed dealer who fails to comply with subsection (1) shall be guilty of an offence and liable on conviction to a fine not exceeding twenty emalangeni or, in default of payment thereof to imprisonment not exceeding fourteen days or both. (3) Any person who is not a licensed dealer in firearms and ammunition who paints a notice on his premises or, gives any other notice, importing that he deals in firearms or ammunition or is licensed so to deal, shall be guilty of an offence and liable on conviction to a fine not exceeding one thousand emalangeni or in default of payment thereof to imprisonment not exceeding two years, or both. Art. 8 (1) A transfer of a licence to deal in firearms and ammunition, or a change of premises the subject of such a licence, shall not be effected unless — (a) the licensing officer is satisfied that the dealer to whom it is proposed to transfer the licence, or the dealer at the new premises as the case may be, has available a room such as is mentioned in section 5(3); and (b) the licensing officer approves the transfer or the change of premises, as the case may be. (2) A transfer of licence shall be effected by particulars of the transfer being endorsed on the licence signed by the transferor, and counter-signed by the licensing officer. (3) A change of premises shall be effected by an endorsement of the licence signed by the licensing officer to the effect, commencing on the date specified therein the licence shall, until its expiry,

SWAZILAND 35

Trade

Licensing


be valid only for the new premises (which shall be described therein). (4) The endorsement mentioned in subsection (2) shall be liable to a duty of two emalangeni, or such other amount as may be prescribed, for which purpose a revenue stamp of that amount shall be supplied by the transferor, and suitably defaced by the licensing officer. (Amended L.14/1965.)

Trade

Marking



Arms and Ammunition Regulations 1964 Art. 4 (1) A firearms dealer shall not sell, issue or return a firearm, or barrel, bolt or chamber of a firearm to any person other than another firearms dealer, unless such firearm or part thereof bears a mark or number of idenitfication. (2) A firearms dealer shall maintain equipment for the purpose of stamping marks and numbers of identification on firearms, and parts of firearms, in accordance with this regulation. (3) A firearms dealer shall comply with any directions given by the licensing officer concerning the – (a) firearms or parts to be stamped; (b) manner in which the stamping is to be effected; (c) marks and numbers to be used; and (d) safe custody of the keys, and any duplicate keys, of his premises.

Trade

Record keeping



Bamako Declaration Art. 3 (vii) Recommends that member states should take appropriate measures to control arms transfers by traders. UN Firearms Protocol Art 7 Requires the maintenance of records for not less than 10 years of information in relation to firearms.

Arms and Ammunition Act 1964 Art. 6 (5) A firearms dealer or approved gunsmith shall maintain such registers, render such returns to the licensing officer and do such other things in connexion with the foregoing as may be pre-scribed. Arms and Ammunition Regulations 1964 Art. 5 A firearms dealer shall securely maintain under lock and key, an accurate register of marks, in a form approved by the licensing officer, in which he shall record – (a) every mark or number of identification stamped by him; (b) the make, type and calibre of the firearm or part stamped;

The national legislation conforms to the regional and international agreements.


Trade

Record keeping


(c) the name and address of the person to whom it is issued; and (d) the mark or number of any firearm to which a part so stamped is affixed. (Amended L. N. 61/1965). Art. 6 (1) On the commencement of these regulations a firearms dealer shall enter in a register, kept in accordance with this regulation, particulars of all firearms and ammunition held by him at the close of business on the preceding day. (2) A firearms dealer shall keep in a register, in such form as the licensing officer may approve, of all firearms and ammunition – (a) received by him subsequent to the com-mencement of these regulations; and (b) sold or otherwise disposed of by him, together with the names and addresses of the persons to whom they were delivered in pursuance thereof; and all the licences relevant to such firearms and ammunition. Art. 7 On or before the fifteenth day of January, and thereafter on or before the fifteenth day of July, in each year, a firearms dealer shall make a return to the licensing officer in duplicate and in the approved form, of all firearms and ammunition which the dealer received or disposed of during the half-year ended the thirty-first day of Decem-ber, and, also during the half-year ended on the thirtieth day of June, immediately preceding. (Amended L. N. 61/1965). Art. 9 A firearms dealer who contravenes these regulations shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred emalangeni or imprisonment not exceeding six months, or both.

Trade

Premises


Registration of premises? conditions of storage? restrictions on type / location?

Arms and Ammunition Act 1964 Art. 6 (3) A firearms dealer or approved gunsmith shall at all times store all arms and ammunition in his possession in a reinforced concrete room which — (a) is situated on his premises, (b) has one means of entry by a steel door fitted with two secure locks, and (c) otherwise complies with such requirements as the licensing officer may specify, either generally or specially. (4) A licence or certificate referred to in this section shall not be issued or renewed unless the licensing officer is satisfied that the dealer or approved gunsmith in question has available a room referred to in subsection (3) and the prescribed fee has been paid. Art. 8 (1) A transfer of a licence to deal in firearms and ammunition, or a change of premises the

SWAZILAND 37

Trade

Premises


subject of such a licence, shall not be effected unless — (a) the licensing officer is satisfied that the dealer to whom it is proposed to transfer the licence, or the dealer at the new premises as the case may be, has available a room such as is mentioned in section 5(3); and (b) the licensing officer approves the transfer or the change of premises, as the case may be. (2) A transfer of licence shall be effected by particulars of the transfer being endorsed on the licence signed by the transferor, and counter-signed by the licensing officer. (3) A change of premises shall be effected by an endorsement of the licence signed by the licensing officer to the effect, commencing on the date specified therein the licence shall, until its expiry, be valid only for the new premises (which shall be described therein). (4) The endorsement mentioned in subsection (2) shall be liable to a duty of two emalangeni, or such other amount as may be prescribed, for which purpose a revenue stamp of that amount shall be supplied by the transferor, and suitably defaced by the licensing officer. (Amended L.14/1965.)

Trade

Restrictions on sale / transfer


To whom? what? conditions to be met? (document-ation and reporting?)

Bamako Declaration Art. 3 A. (vii) Requires that states take appropriate measures to control arms transfers by manufacturers, suppliers, traders, brokers, shipping and transit agents

Arms and Ammunition Act 1964 Art. 9. (1) Subject to this Act and any other law, no person shall import, export, purchase or otherwise acquire a firearm or ammunition except under and in accordance with the terms and conditions of a permit. (2) No person shall sell or otherwise transfer — (a) a firearm, except to a person having a permit to acquire the firearm; and (b) ammunition, except to a person licensed to possess the firearm in which such ammunition is to be used, who is permitted to acquire the ammuni-tion under this Act. (3) Any person who transfers a firearm in accordance with subsection (2)(a) shall, within two days of the transfer notify the licensing officer thereof. (4) Any person who contravenes this section shall be guilty of an offence and liable on conviction to imprisonment not exceeding two years or a fine not exceeding one thousand emalangeni, or both.

The national legislation conforms to the international and regional agreements.


Trade

Quality control / standards


Trade

Pawning / pledging restrictions


SADC Firearms Protocol Art 5 (3) (k) Stipulates the prohibition of pawning and pledging


Trade

Transfer and possession restrictions


Restrictions / special conditions for business purposes?

Trade



UN Firearms Protocol Art. 5 (1) (b) and 5 (2) (a) and (b) Requires state parties to adopt legislative and other measures to establish as a criminal offence the illicit trafficking in firearms. Requires provisions relating to the illicit manufacturing and trafficking in or interfering with markings for firearms and those acting as accomplices or who organise, direct, aid, abet, facilitate or council the commis-sion of such offences.

Arms and Ammunition Act 1964 Art. 6 (6) A person who fails to comply with subsection (1), (3) or (5), or wilfully makes a false entry in such register or return, shall be guilty of an offence and liable on conviction to a fine not exceeding one thousand emalangeni or, in default of payment thereof, to imprisonment not exceeding two years or both. Art. 7 (2) Any licensed dealer who fails to comply with subsection (1) shall be guilty of an offence and liable on conviction to a fine not exceeding twenty emalangeni or, in default of payment thereof to imprisonment not exceeding fourteen days or both. (3) Any person who is not a licensed dealer in firearms and ammunition who paints a notice on his premises or, gives any other notice, importing

The national legislation broadly conforms to the regional and international agreements.

SWAZILAND 39

Trade



that he deals in firearms or ammunition or is licensed so to deal, shall be guilty of an offence and liable on conviction to a fine not exceeding one thousand emalangeni or in default of payment thereof to imprisonment not exceeding two years, or both. Arms and Ammunition Regulations 1964 Art. 9 A firearms dealer who contravenes these regulations shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred emalangeni or imprisonment not exceeding six months, or both.

Seizure, disposal and enforcement

Seizure, confiscation, forfeiture


Description of controls / provisions

SADC Firearms Protocol Art. 5 (3) (h) Requires provisions on seizure, confiscation and forfeiture to the State of all firearms, ammunition and other related materials manufactured or conveyed in transit without or in contravention of licences, permits, or written authority. UN Firearms Protocol Art. 6 (1) Requires state parties to adopt measures to enable the confiscation of firearms that have been illicitly manufactured or trafficked.

Arms and Ammunition Act 1964 Art. 27 (1) If a police officer has reason to suspect that an offence has been committed with respect to any arm or ammunition, and the arm or ammunition is in the possession of a person upon any premises at a place, or in any aircraft, motor car or other kind of vehicle or vessel, he may, at any time, enter upon and search any person there and seize and detain any such arm or ammunition found there. (2) Such officer may arrest a person found in possession of arms or ammunition in contravention of this Act without warrant, and seize and detain the arms and ammunition wherever found. (Amended L.14/1965.) Art. 30 (3) Pending production of the relevant certificate or licence for inspection, a police officer making any such request may seize and detain any firearm or ammunition found in the possession of such person. Art. 19 (1) If he considers it to be in the interest of public safety, the Minister may, by notice published in the Gazette, or by personal service, direct that all firearms and ammunition in the possession of any person shall be delivered to the nearest appropriate officer for the purpose of safe custody. (2) Such officer shall supply the person delivering the firearm or ammunition with a written receipt for the firearm and ammunition including particulars of its marks of identity. (3) On revocation of the direction, and production of the receipt, the person who so delivered the firearm or ammunition may claim its return. (4) If the return of a firearm or ammunition is not claimed within a period which is reasonable, having regard to all the circumstances, it shall be deemed to have been delivered for safe custody within the meaning of section 15, and be dealt with accordingly. (5) Any person who, without lawful excuse, fails to comply with a direction under subsection (1) shall

The national legislation conforms to the regional and international agreements.



Seizure, confiscation, forfeiture


be guilty of an offence and liable on conviction to imprisonment not exceeding five years or a fine not exceeding E5,000, or both. (Amended L.14/1965; Amended A.6/1988.) Art. 26 (1) Any person who transmits an arm or ammunition by post, or causes it to be so transmitted shall be guilty of an offence and liable on conviction to a fine not exceeding E3,000 or a term of imprisonment not exceeding three years, or both (Amended A.6/1988). (2) An arm or ammunition found in the course of transmission by post may be seized and detained by an officer of the Department of Posts and Telecommunications or a police officer.


Disposal and destruction



SADC Firearms Protocol Art. 11 (1) UN Programme of Action Section II Art. 16 UN Firearms Protocol Art. 6 (2) Specify the need for provisions to ensure the destruction of confiscated, seized or collected firearms where no other form of disposition or use has been officially sanctioned. If firearms are destroyed or disposed of, the methods of disposal of those firearms and ammo have to be recorded. Bamako Declaration Art. 3 A (iv) Recommends that Member States should develop and implement programmes for the identification and destruction of surplus, obsolete and seized stocks.

Arms and Ammunition Act 1964 Art. 30 (4) Unless in a criminal prosecution for an offence relating to the possession by a person of a firearm or ammunition a court has ordered its confiscation or forfeiture or that it be handed over to a person named by it, or any person fails within three months from the date of the seizure thereof in terms of subsection (3) to establish a lawful claim thereto, the arm or ammunition detained under subsection (3), and in respect of which the relevant certificate or licence was not produced for inspection, shall be disposed of in accordance with the direction of the licensing officer. (Added L.14/1965; amended A.43/1968.) Art. 31 If a court convicting a person of an offence under this Act has in accordance with section GS.438/86 of the Criminal Procedure and Evidence Act, No. 67 of 1938, declared an arm and ammunition to be forfeited to the Government, it shall be disposed of in such manner as the Minister may direct. Art. 15 (1) Subject to this Act and to payment of any fee prescribed, any person may deliver a firearm or ammunition belonging to him to the nearest appropriate officer for the purpose (to be stated at the time) of safe custody, or destruction by the Swaziland Police. (2) In the absence of a written waiver of any rights under this section by the person delivering a firearm or ammunition for safe custody in terms of subsection (1) the licensing officer may, if the firearm or ammunition is not reclaimed within six months after such delivery, retain it for official use or sell or destroy it. Provided that prompt payment of full compensation be made to the person; and Provided further that if the whereabouts of the person are unknown or if for some other reason it is not practical to pay such compensation to him, the amount thereof shall be paid into the Consoli-

The national legislation appears to conform to the regional and international agreements, however it is unclear whether these provisions are pursuant to or in accordance with regionally co-ordinated disposal policies.

SWAZILAND 41


Disposal and destruction


dated Fund. (3) The licensing officer shall if the firearm or ammunition is sold under subsection (2) forward the proceeds of such sale to the person who delivered the firearm or ammunition under subsection (1) or, if he is not available, pay the proceeds into the Consolidated Fund. Art. 26 (3) Unless a person is prosecuted for an offence under subsection (1) and the court orders the disposal thereof the arm or ammunition detained under subsection (2) shall be disposed of in accordance with the direction of the licensing officer. (Added L.14/1965; amended A.43/1968.)


Deactivation



UN Firearms Protocol Art. 9 Specifies the need for provisions relating to deactivated firearms and for making it an offence to reactivate previously deactivated firearms or provisions for issuing of a certificate of deactivation or the stamping of marks to that effect.

The national legislation does not appear to conform to the international and regional agree-ments.


Inspection / enforcement



SADC Firearms Protocol Art. 5 (3) (j) Requires the monitoring and auditing of licences held in a person’s possession.

Arms and Ammunition Act 1964 Art. 27 (1) If a police officer has reason to suspect that an offence has been committed with respect to any arm or ammunition, and the arm or ammunition is in the possession of a person upon any premises at a place, or in any aircraft, motor car or other kind of vehicle or vessel, he may, at any time, enter upon and search any person there and seize and detain any such arm or ammunition found there. (2) Such officer may arrest a person found in possession of arms or ammunition in contravention of this Act without warrant, and seize and detain the arms and ammunition wherever found. (Amended L.14/1965.) Art. 28 A police officer may, at all reasonable times — (a) enter upon the premises of a firearms dealer in order to ascertain whether or not this Act is being

The national legislation appears to conform to the regional and international agreements.



Inspection / enforcement


complied with; and (b) inspect those premises and any arm or ammunition, book, account, register or other document or thing found there; and (c) require any person appearing to be in control thereof, or employed there, to give such informa-tion as such police officer may require in order to ascertain whether or not this Act is being complied with. Art. 30 (1) Every person to whom a certificate of registration, or a licence is issued shall at all times, keep such certificate or licence on his person or at his residence and available for inspection by a police officer at the request of such officer.




Arms and Ammunition Act 1964 Art. 30 (2) Any person who, at the request of a police officer, fails to produce for the inspection of such officer a certificate of registration or licence issued to such person shall be guilty of an offence and liable on conviction to a fine not exceeding E500 or imprisonment not exceeding six months, or both. (Amended A.6/1988).

Arms embargoes

Overview


Relevant provisions

SADC Firearms Protocol Art. 5 (2) Requires specific provision to sanction the violation of UN Security Council arms embar-goes. Bamako Declaration Art. 3 A (vi) UN Programme of Action Section II Art. 15 Requires measures against any activity that violates UN Security Council arms embargoes.

The national legislation does not conform to the international and regional agree-ments.

SWAZILAND 43

Arms embargoes




Overview


UN Programme of Action Section II Art. 17 Requires controls relating to the management and security of state stocks including: • Appropriate locations for

stockpiles • Physical security measures • Control of access to stocks • Inventory management and

accounting control • Staff training • Security accounting and

control of firearms relating to operation units

• Controls on theft and loss.

Arms and Ammunition Act 1964 Art. 36 (1) Save as otherwise provided in this section, this Act shall not apply to — (a) arms and ammunition which are the property of the Government which are authorised by the Government to be in the temporary possession of — (i) a person serving in the regular forces of Swaziland, or (ii) a police officer, or (iii) a member of the staff of a Government prison, or (iv) any other officer of the Government, in the course of his duties as such; (b) arms and ammunition which are the property of His Majesty the King which are authorised by Him to be in the possession of his personal guard in the course of their duties as such; (c) arms and ammunition which are the property of the Government of Swaziland or of the Govern-ment of another country which are authorised by such Government to be in the temporary posses-sion of a person serving in the regular forces of such country stationed in Swaziland, with the approval of the Government of Swaziland. (2) Sections 15(4) to (7) inclusive and 23(1) shall apply to persons in possession of arms and ammunition under subsection (1) of this section. Art. 15 (4) A person who is in possession of an arm or ammunition shall keep it at all times in safe condition and safe custody, and take all reason-able precautions to ensure that it does not become lost or stolen, or is not, at any time, available to a person not lawfully entitled to possess it. (5) Any person who is in possession of a pistol or revolver or the ammunition for either shall in addition to the requirements of subsection (4) when it is not in his actual physical possession, keep it either securely locked up to, or in, an immovable object, or in a place approved by the licensing officer. (6) Any person who fails to comply with subsection (4) or (5), or report any loss or theft of an arm or ammunition forthwith to the Swaziland Police shall be guilty of an offence and liable on conviction to imprisonment not exceeding three years or a fine not exceeding E3,000, or both (Amended A.6/1988). (7) In a prosecution for a failure to take the reasonable precautions referred to in subsection (4), the onus of proof that he took all such reasonable precautions shall be on the person prosecuted.




Overview


Art. 23 (1) Any person who is drunk, or behaves in a disorderly manner while carrying a firearm shall be guilty of an offence and liable on conviction to imprisonment not exceeding two years or a fine not exceeding E2,000, or both (Amended A.6/1988).


Possession and use by state employees


Licensing requirements? special conditions? controls?


Record keeping


UN Programme of Action Section II Art. 10 Requires provision to ensure responsibility for weapons held and issued by the state and effective measures for tracing such weapons. SADC Firearms Protocol Art. 8 (a) Provides for the state to establish and maintain complete national inventories of firearms, ammuni-tion and other related materials held by security forces and other state bodies.


SWAZILAND 45


Storage


Stockpile management

SADC Firearms Protocol Art. 8 (b) Stipulates the enhancement of capacity to manage and maintain secure storage of state-owned firearms. UN Programme of Action Section II Art. 17 and 18 Stipulates the need for provisions relating to the management, security and review of state-held stocks. These standards and procedures, inter alia, relate to: appropriate locations for stockpiles, physical security measures, control of access to stocks, inventory management and accounting control.



Import, export, transfer, transit


Controls over import, export, transfer, transit (of state-owned firearms)

UN Firearms Protocol Art. 8 (c) Requires provision for the unique marking of firearms when transferred from government stocks to permanent civilian use.



Disposal / destruction


Surpluses, including redundant, obsolete, seized and collected firearms in state possession

SADC Firearms Protocol Art 10 (1) Bamako Declaration Art. 3 A (iv) UN Programme of Action Section II Art. 16 and 18 Provide that all confiscated, seized or collected SALW are destroyed subject to any legal constraints. Stipulates the need for provisions to regularly review state held stocks, to identify surpluses and have procedures in place for the responsible disposal, preferably through destruction of such surpluses.


This report is part of Saferworld’s Arms and Security Programme

and a project of SaferAfrica’s Arms Unit. An earlier draft of this

report was presented at a seminar in Brussels in November 2002

entitled: ‘Advancing implementation of the SADC Firearms

Protocol: Deepening SADC-EU Co-operation’.

SaferAfrica is a not-for-profit organisation that assists

governments and civil society to implement agreed policy on

peace and security. Its headquarters are in Pretoria, South Africa.

Saferworld is an independent foreign affairs think tank, based

in London, UK, working to identify, develop and publicise more

effective approaches to tackling and preventing armed conflicts.

SaferAfricaTrelawney House173 Beckett StreetArcadia, Pretoria 0083South Africa

Phone: +27 12 481 6200Fax: +27 12 344 6708

Email: [email protected]: www.saferafrica.org

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Email: [email protected]: www.saferworld.org.uk

an audit of ﬁrearms control legislation in the sadc regionfull scope of the legislation. the act...

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