Explosives Act set for overhaul

Isaac Pinielo | Wednesday April 20, 2016 15:16

The first draft of the system, which would be promulgated through an amendment of the Explosives Act, was discussed during the Ministry of Minerals, Energy and Water Resources (MMEWR) stakeholders’ workshop that ended in Gaborone yesterday. The priority is to amend the Explosives Act and regulations to strengthen penalties for illegal possession of explosives, theft of explosives and falsification of records.

The law must also prevent a person who has been convicted of offences related to explosives from possessing them. Deputy director and chief inspector of explosives in the Department of Mines, Rahul Bohra, stated that the penalties and fines that have been provided in the Act for other offences are too low to be a deterrent as evidenced by the rise in the use of illegally possessed explosives in criminal activities. He said explosives were frequently used in breaking safes in business premises and automated teller machines (ATMs).

“To deal with the aforesaid challenge it will be prudent to strengthen the provisions of penalties which may deter such offences in the Act,” Bohra said.   He noted that in the Act, penalties for illegal possession of explosives, stealing of explosives and falsification of records have not been provided for, adding that there was need to make provision for penalties for these offences. Two new sections have been proposed: that the penalty for illegal possession of explosives should be imprisonment not less than 10 years and not exceeding 15 years the falsification of records, reports or destroying records should carry a penalty of imprisonment not less than five years and not exceeding 10 years. Director of mines, Gabotshwarege Tshekiso, said: “We want provisions for preventing a person from possessing explosives if such person has been convicted of offences related to explosives or other serious offences. We also propose a provision for the minister to make regulations for exportation and transit of explosives, packaging, testing and analysis of explosives.” Tshekiso also indicated that proposals have been made for registration of companies which require explosives for the furtherance of their businesses.

It was also proposed for blasting licences to be issued for five years only, which is renewable.  He said there should be provisions for restricting people with criminal background, for certain crimes, from obtaining blasting licences and having them renewed. Also, it was proposed that there should be provisions for a person to have valid first-aid certificate and certificate of fitness at the time of obtaining and renewal of his or her blasting licence. A director MMEWR,  Khumo Mogaetsho, said with technological advancement, comes new explosives. She noted that it was necessary to make provisions in the Act to cater for the new explosives.

“The Explosives Act was enacted in 1962, regulations made in 1970 and reviewed in 1977,” she said. She said there was need to control  manufacturing, importation, sale, transportation, storage, use and disposal of explosives. Mogaetsho said it became necessary to close loopholes and to strengthen penalties for illegal possession of explosives and related offences.