16 September, 2002

 

The Secretary to Parliament,

PO Box 15

Cape Town

8000

Attn: Mr Nkosekhaya Lala

Fax: (021) 462-2142

Dear Mr Lala

 

RE: Explosives Bill [B43 – 2002]

Detailed below are the findings and comments as discussed at an Explosives Workshop held on 17 April, 2002, which was attended by members of the pyrotechnics and fireworks industry as well as representatives from the CIE and SAPS.

Any paragraph or page references refer to the document received from the SAPS – Legal Services on 4 April, 2002.

 

  1. General
  1. The point was raised that the existing definition in the Explosives Act was thought to be a very clear and concise definition. Could this definition not be used again?
  2. There are currently many by-laws in existence, some of which have harsh restrictions on the use of fireworks. Have these been taken into account?
  3. Clear distinction needs to be made regarding parts of the bill that are intended to apply to ‘shop-goods’ / consumer fireworks only and do not apply to fireworks used in professional, organized displays.
  4. It was felt that the industry would be better served if a code of practice was developed specifically for the pyrotechnics industry in South Africa. With this in mind, are there areas of the Bill which would be better included in such a code of practice?
  5. There was concern expressed in general that the document should be perfectly clear at ‘face value’, and leave little room for misinterpretation as currently exists. Anyone should be able to understand what the intention and meaning of the document is.
  6. There was general concern as to the lack of clarity involving the transport of hazardous goods as covered by the Road Traffic Act and the transport permits required for the transport of fireworks/explosives.
  7. It was felt that in general all areas of legislation that may affect the pyrotechnics industry e.g Disaster Management, should be looked at before the Bill is completed.
  8. There needs to be clarity with regards the use of a classification system. It is understood that this is pending the outcome of the UN Committee of Experts in May, but the industry needs to be made aware of what the outcomes of this are. The TPSA undertakes to monitor this in conjunction with the CIE.
  9. It is sometimes required that items which were not designed for use in entertainment are used in that field. There should be allowance made in the bill to allow application to use other forms of pyrotechnics/explosive devices when needed.

 

  1. The Bill

Point 3.4

No person shall carry on, except in a licensed explosives manufacturing workplace, any of the following processes, namely:

(c) Remaking, attending or reworking of any explosive devices.

AND

Point 3.5

The Chief Inspector may grant permission, subject to applicable regulations and any conditions imposed by him or her in writing, to any person applying therefore in writing, to manufacture explosives -

(b) on premises where such explosives as may be prescribed are prepared for immediate use;

The ‘on-site’ mixing of chemicals is an extremely commonplace activity in the pyrotechnics industry. Would the granting of such an authority be a blanket authority or per event?

 

Point 33.1 (o)

The Minister may "restrict the sale and use of fireworks, including organized fireworks displays, to certain periods or days".

A face-value interpretation of this statement would mean that the pyrotechnics industry would cease to exist. It would be a death sentence to the industry as a whole.

It was also questioned whether this kind of restriction could be seen as constitutional as it would infringe on an individual’s right to celebrate his heritage/religion in a manner of his/her choice.

Restricting the use of fireworks to certain days or periods does not make the industry any safer. If restrictions are to be looked at, they should rather be in terms of the size of shell that may be used, or how much noise the shell makes (percussive fireworks), and/or the location of the display.

 

Once again, we thank you for your support in this matter and trust that our working relationship will continue to prosper.

Yours sincerely,

p.p

 

 

Barry Snow

Chairman - TPSA

(Lindsay Ransom (Administrator) Tel: (011)804-2377 Cell: 084-3062-114)