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.
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)