CHAPTER 3
EXEMPTIONS
7. Minister may authorise possession of anti-personnel mines
8. Minister may authorise transfer of anti-personnel mines
9. Customs officials
10. Public museums, military museums, private collectors and public collectors
11. Military Activities

CHAPTER 4
DESTRUCTION AND CLEARANCE OF ANTI-PERSONNEL MINES
12. Surrender of anti-personnel mines and forfeiture to State
13. Destruction of anti-personnel mines held in Republic

CHAPTER 5
DOMESTIC INSPECTIONS
14. Appointment of domestic inspector
15. Conditions imposed on domestic inspector
16. Termination of appointment of domestic inspector
17. Entry and search of premises with warrant
18. Identification prior to entry, and resistance against entry
19. Entry and search of premises without warrant
20. Offences and penalties in respect of search of premises
CHAPTER 6
INTERNATIONAL INSPECTIONS
21. International fact-finding missions to Republic
22. Certificate as international inspector
23. Conditions imposed on international inspector
24. Immunities and privileges of international inspectors
CHAPTER 7
INTERNATIONAL COOPERATION
25. International cooperation
26. Authorisation to take part in international fact-finding mission outside Republic
CHAPTER 8
INFORMATION AND RECORDS
27. Reporting
28. Power to gather information
29. Record of anti-personnel mines in possession or destroyed
30. Offences and penalties in respect of provision of information
CHAPTER 9
GENERAL PROVISIONS
31. Guidelines for training
32. Regulations
33. Delegation of power and assignment of duty
34. Short title and commencement
SCHEDULE

Definitions

1. In this Act any word or expression to which a meaning has been assigned in the Convention bears the meaning so assigned thereto and, unless the context indicates otherwise—
"agent" means a person employed on behalf of the Department of Defence or the South African Police Service to destroy anti-personnel mines or develop and conduct training in mine-detection, mine-clearance and mine-destruction techniques;
"anti-personnel mine" includes any other mine or device which performs in a manner consistent with an anti-personnel mine as defined in the Convention;
"component part" means any identifiable component designed or adapted to form part of an anti-personnel mine;
"Convention" means the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, of 18 September 1997, which is set out in the Schedule and was signed by the Republic on 3 December 1997 and ratified by the Republic on 26 June 1998;
"customs official" means an officer as defined in section 1 of the Customs and Excise Act, 1964 (Act No. 91 of 1964);
"Department of Defence" means the Defence Secretariat and the South African National Defence Force as referred to in section 4B 5 of the Defence Act, 1957 (Act No. 44 of 1957) 2002;
"domestic inspector" means a person appointed as a domestic inspector by the Minister in terms of section 14;
"employee of the Department of Defence" means a member of the South African National Defence Force employed in terms of the Defence Act, 1957 (Act No. 44 of 1957) 2002, and an employee of the Department of Defence employed in terms of the Public Service Act, 1994 (Proclamation No. 103 of 1994);
"export" means—
(a) the entering into an agreement by a person in the Republic to supply another person outside the Republic with an anti-personnel mine, a component part or a plan, whether or not that is done in exchange for currency or any other commodity or benefit; or
(b) the transfer of an anti-personnel mine, a component part or a plan from the Republic to any place outside the Republic, or causing an anti-personnel mine, a component part or a plan to be so transferred, whether or not that is done in exchange for currency or any other commodity or benefit;
"import" means to bring an anti-personnel mine, a component part or a plan into any part of the Republic or causing an anti-personnel mine, a component part or a plan to be so brought in, whether or not that is done in exchange for currency or any other commodity or benefit;
"information" means any recorded information regardless of form or medium;
"international inspector" means a person appointed by the Secretary-General of the United Nations as an international inspector and who forms part of an international fact-finding mission to the Republic;
"manufacture" includes the design, development, production and assembly of an anti-personnel mines, a component part or plan;
"Minister" means the Minister of Defence;
"organ of state" means an organ of state as defined in section 239 of the Constitution;
"party" means any state that has signed and ratified, or acceded to, the Convention;
"person" has the meaning assigned to it in the Interpretation Act, 1957 (Act No. 33 of 1957), and, except in section 30, includes an organ of state;
"place", in relation to an anti-personnel mine, means to use, locate, emplace or situate an anti-personnel mine in a manner that would or could cause an explosion by the presence, proximity or contact of a person;
"plan" means a plan or design of an anti-personnel mine or a component part;
"police official" means—
(a) a member of the South African Police Service as defined in section 1 of the South African Police Service Act, 1995 (Act No. 68 of 1995);
(b) a person designated by the Minister for Safety and Security as a police official;
(c) a military police official; or
(d) any other member of the South African National Defence Force deployed in a joint operation in cooperation with the South African Police Service;
"possess" means to have an anti-personnel mine, a component part or a plan under one's control in an area under one's control;
"premises" includes any land, building or structure or any vehicle, vessel, aircraft or other means of conveyance;
"procure" means to obtain an anti-personnel mine, a component part or a plan through purchase, forfeiture, donation, cession, transfer or discovery;
"this Act" includes any regulation made under section 32;
"transfer" includes the—
(a) transfer of title to and control over an anti-personnel mine, a component part or a plan;
(b) selling, hiring, letting, lending, borrowing, donating, giving, purchasing, receiving or parting with or gaining possession of an anti-personnel mine, a component part or a plan; and
(c) transit of an anti-personnel mine, a component part or a plan into, out of or through the territory of the Republic by any means but does not involve the transfer of land containing emplaced anti-personnel mines.

CHAPTER 1
OBJECTS AND APPLICATION OF ACT,
AND ENACTMENT OF CONVENTION INTO LAW

Objects of Act

2. The objects of the Act are—
(a) to enact the Convention into law as required by section 231(3 4) of the Constitution;
(b) to ensure that anything done in terms of this Act conforms to the obligations of the Republic in terms of the Convention;
(c) to prohibit the use, stockpiling, production, development, acquisition and transfer of anti-personnel mines and to ensure the destruction thereof;
(d) to provide for domestic and international inspections; and
(e) to provide for international cooperation.

Enactment of Convention into law

3. (1) Subject to this Act, the Convention has the force of law in the Republic.
(2) The Minister may from time to time by notice in the Gazette amend the Schedule to reflect any changes made to the Convention if those changes are binding on the Republic in terms of section 231 of the Constitution.

Extraterritorial application of Act, and jurisdiction

4. (1) Any competent court, which includes a military court as defined in section 1 of the Military Discipline Supplementary Measures Act, 1999 (Act No. 16 of 1999), may, with the written consent of the National Director of Public Prosecutions, try any—
(a) South African citizen as contemplated in the South African Citizenship Act, 1995 (Act No. 88 of 1995);
(b) person who holds a permanent residence permit contemplated in section 25 of the Immigration Act, 2002 (Act No. 13 of 2002);
(c) juristic person incorporated or registered in the Republic; or
(d) person contemplated in section 3 of the Military Discipline Supplementary Measures Act, 1999 (Act No. 16 of 1999), whether or not such a person is a South African citizen or holds a permanent residence permit,
for any offence in terms of this Act, notwithstanding the fact that the act or omission to which the charge relates was committed outside the Republic.
(2) No prosecution may be instituted against any person contemplated in subsection (1) without the written consent of the National Director of Public Prosecutions.
(23) Notwithstanding any law to the contrary, any magistrate’s court has jurisdiction to impose any penalty provided for in terms of this Act.


CHAPTER 2
PROHIBITION, OFFENCES AND PENALTIES

Prohibition

5. Subject to section 7 or 8, no person may—
(a) place, possess, procure, manufacture, stockpile, transfer, deal in, import or export an anti-personnel mine;
(b) possess, procure, manufacture, stockpile, transfer, deal in, import or export a component part; and or
(c) possess, procure, manufacture, transfer, deal in, import or export plans or designs for the purposes of manufacturing an anti-personnel mine or a component part any plan.

Offences and penalties

6. (1) Any natural person who contravenes a provision of section 5 is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 25 years or to both a fine and such imprisonment.
(2) Any juristic person which contravenes a provision of section 5 is guilty of an offence and liable on conviction to a fine not exceeding R1 million.
(3) Any court convicting any person of an offence under this Act may, in addition to any other punishment imposed in respect of that offence, declare any weapon, vehicle, uniform, equipment or other property or object in respect of which the offence was committed or which was used for, in or in connection with the commission of the offence, to be forfeited to the State.

CHAPTER 3
EXEMPTIONS

Minister may authorise possession of anti-personnel mines

7. (1) (a) The Minister may—
(i) exempt any organ of state or any employee of such organ, any agent or any other person from a prohibition referred to in section 5; and
(ii) may authorise such organ, employee, agent or person to possess an anti-personnel mines, a component part or a plan,
for the purposes of developing and conducting training in mine-detection, mine-clearance or mine-destruction techniques or for their destruction.
(b) Any exemption contemplated in paragraph (a) must be in writing and must state the number of anti-personnel mines that may be possessed under the authorisation in question.
(2) (a) The total number of mines which may be exempted for possession by an organ of state in terms of subsection (1) may not exceed 5000.
(b) If the Minister authorises the possession of anti-personnel mines by an agent or any other person as contemplated in subsection (1), he or she must limit the number of mines which may be possessed in each case to the least number of mines necessary for the purpose of the authorisation in question.
(3) Any person who possesses an anti-personnel mine in terms of an authorisation contemplated in subsection (1) must keep such mine in accordance with the provisions of the Explosives Act, 1956 (Act No. 26 of 1956).


Minister may authorise transfer of anti-personnel mines

8. Subject to any law regulating the transfer of arms, an anti-personnel mine, a component part or a plan which may be possessed in terms of section 7 may only be transferred to and from the Republic with the written authorisation of the Minister.

Customs officials

9. A customs official who seizes an anti-personnel mine, a component part or a plan in terms of the Customs and Excise Act, 1964 (Act No. 91 of 1964), must hand such mine, component part or plan over to a police official within a reasonable time.

Public museums, military museums, public collectors and private collectors

10. (1) Subject to any condition prescribed by a regulation made under section 32, a public museum, military museum, public collector or private collector may possess an anti-personnel mine, or component part or plan if—
(a) the Minister authorises such possession; and
(b) such mine or part is devoid of explosive material and explosive triggering devices.
(2) For the purposes of this section—
(a) "military museum" means a military, regimental or veterans’ museum, or an exhibition or display of a historical nature for public or private display, that is accredited by the Department of Defence;
(b) "private collector" means a person who collects firearms, is a member of an accredited collectors' association and is not a public collector;
(c) "public collector" means a person who collects firearms for display to the public and who is accredited as such in terms of the Firearms Control Act, 2000 (Act No. 60 of 2000); and
(d) "public museum" means an institution defined as such in section 3(1) and (2) of the Cultural Institutions Act, 1998 (Act No. 119 of 1998).

Military activities

11. (1) The Department of Defence may participate in operations, exercises or other military activities with the armed forces of a state that is not a party to the Convention as long as such—
(a) operations, exercises or activities are not in contravention of the Convention; and
(b) participation does not amount to assistance in any activity prohibited by the Convention.
(2) If such contravention occurs, the Minister must order the termination of any further involvement in the operation, exercise or activity in question or may take such other appropriate action as he or she may deem necessary.
(3) A military force of another state visiting the Republic in terms of an international obligation or an agreement between that state and the Republic and the members of such force are bound by this Act.

CHAPTER 4
DESTRUCTION AND CLEARANCE OF ANTI-PERSONNEL MINES

Surrender of anti-personnel mines and forfeiture to State

12. (1) Unless exempted by the Minister as contemplated in section 7, any person in possession of an anti-personnel mine, or a component part or a plan immediately before this Act took effect must, within six months from the date on which this Act took effect, notify a police official designated by the Minister for Safety and Security of such possession.
(2) In the event of any military operational deployment outside the Republic, any person in possession of an anti-personnel mine, or a component part or a plan must notify a military police official or any other person designated by the Chief of the South African National Defence Force for this purpose.
(3) The police official, military police official or other person, as the case may be, must register the notification in the manner prescribed by a regulation made under section 32 and must arrange for the collection of the mine, or component part or plan without delay.
(4) All anti-personnel mines, component parts and plans collected in terms of this section are forfeited to the State.

Destruction of anti-personnel mines held in Republic

13. (1) Subject to section 7, the Minister must ensure the destruction of all stockpiled and emplaced anti-personnel mines in the Republic within the time frames set out in the Convention.
(2) The destruction of anti-personnel mines may only be undertaken by a competent authority appointed by the Department of Defence or the South African Police Service, an agent or any other organ of state authorised to do so by a competent authority appointed by the Department of Defence or the South African Police Service.
(3) Any destruction of an anti-personnel mine must be carried out in compliance with any applicable environmental and occupational health and safety legislation.

CHAPTER 5
DOMESTIC INSPECTIONS

Appointment of domestic inspector

14. (1) The Minister may, in writing, appoint a competent person as a domestic inspector to—
(a) investigate and enforce compliance with this Act; or
(b) assist an international inspector investigating any alleged non-compliance with the Convention.
(2) (a) Subject to section 15, a domestic inspector is appointed until the completion of a specific task.
(b) The Minister must set out the mandate of the domestic inspector in his or her letter of appointment.
(2)(3) The Minister must issue to every domestic inspector a certificate of appointment identifying the domestic inspector by name, indicating the inspector's status and authority to conduct inspections and setting out any conditions imposed on him or her in terms of section 15.
(3)(4) A domestic inspector must comply with the written instructions of the Minister in performing his or her functions.
(4)(5) A domestic inspector who is not in the full-time service of the State must be paid such remuneration and allowances as the Minister may, with the approval of the Minister of Finance, determine.

Conditions imposed on domestic inspector

15. (1) The Minister may impose any condition on a domestic inspector regarding the performance of his or her functions, which conditions may relate to the protection—
(a) of sensitive equipment, information or areas;
(b) of any Constitutional right; and
(c) safety of the domestic inspector.
(2) A condition imposed under subsection (1) may require a domestic inspector not to exercise a specified power while on specified premises.
(3) Domestic inspectors must adhere to commonly accepted safety standards and practices with regard to anti-personnel mines international mine action standards endorsed by the United Nations Mine Action Service, and any safety standard or procedure contemplated in the Explosives Act, 2002.


Termination of appointment of domestic inspector

16. The Minister may, after giving a domestic inspector an opportunity to make representations and considering such representations, for good reason terminate the appointment of such a domestic inspector.

Entry and search of premises with warrant

17. (1) A domestic inspector accompanied by a police official may, on the authority of a warrant issued in terms of subsection (5) and subject to section 18, enter any premises specified in the warrant, including a private dwelling , and—
(a) inspect, photograph, copy, test and examine any document, record, object or material, or cause it to be inspected, photographed, copied, tested and examined;
(b) seize any document, record, object or material if he or she has reason to suspect that it might be used as evidence in a criminal trial; and
(c) examine any activity, operation or process carried out on the premises.
(2) A domestic inspector who removes anything from the premises being searched must—
(a) issue a receipt for it to the owner or person in control of the premises; and
(b) unless it is an item prohibited in terms of this Act, return it as soon as practicable after achieving the purpose for which it was removed.
(3) Upon the request of a domestic inspector acting in terms of a warrant issued in terms of subsection (5), the occupant and any other person present on the premises must—
(a) make available or accessible or deliver to the inspector any document, record, object or material which pertains to an investigation contemplated in subsection (1) and which is in the possession or under the control of the occupant or other person;
(b) furnish such information as he or she has with regard to the matter under investigation; and
(c) render such reasonable assistance as the inspector may require to perform his or her functions in terms of this Act efficiently.
(4) Before questioning any person at the premises in question, the domestic inspector or police official must advise that person of his or her right to be assisted at the time by an advocate or attorney, and allow that person to exercise that right.
(5) A warrant contemplated in subsection (1) may be issued by a judge or a magistrate who has jurisdiction—
(a) in relation to premises on or from which there is reason to believe that a contravention of this Act has been or is being committed; and
(b) if it appears from information on oath or affirmation that there are reasonable grounds to believe that there is evidence available in or upon such premises of a contravention of this Act.
(6) The warrant may impose restrictions on the powers of the domestic inspector.
(7) A warrant issued in terms of this section—
(a) remains in force until—
(i) it is executed;
(ii) it is cancelled by the person who issued it or, if such person is not available, by any person with like authority;
(iii) the expiry of one month from the day of its issue; or
(iv) the purpose for the issuing of the warrant has lapsed,
whichever occurs first; and
(b) must be executed by day unless the person who issues the warrant authorises the execution thereof by night.
(8) No person is entitled to compensation for any loss or damage arising out of any bona fide action by a police official or domestic inspector under this section.
(9) Any Aanti-personnel mines, component part or plan seized or preserved for evidence in criminal proceedings must be held, handled and disposed of in terms of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), and the Explosives Act, 1956 (Act No. 26 of 1956) 2002.

Identification prior to entry, and resistance against entry

18. (1) A domestic inspector or police official who has obtained a warrant in terms of section 17(5) must immediately before entering the premises in question—
(a) audibly announce that he or she is authorised to enter the premises and demand admission to the premises; and
(b) notify the person in control of the premises of the purpose of the entry,
unless there are reasonable grounds to believe that such announcement or notification might defeat the purpose of the search.
(2) The domestic inspector must—
(a) hand to the person in control of the premises a copy of the warrant or, if such person is not present, affix such a copy to a prominent place on the premises; and
(d) on request of the person in charge of such premises, show his or her certificate of appointment to that person.
(3) A domestic inspector or police officer contemplated in subsection (1) may overcome resistance to the entry and search by using such force as is reasonably required, including the breaking of a door or window of the premises.
(4) Before using force, the police officer or domestic inspector must audibly demand admission and must announce the purpose of the entry, unless there are reasonable grounds to believe that doing so might defeat the purpose of the search.

Entry and search of premises without warrant

19. A domestic inspector, accompanied by a police official, may enter and search any premises and seize or remove any anti-personnel mine, component part or plan without a warrant if—
(a) a person who is competent to do so consents to such entry, search, seizure or removal; or
(b) immediate entry to the premises is required—
(i) to ensure the safety of any person; or
(ii) to prevent serious damage to the environment,
and there are reasonable grounds to believe that a warrant would be issued in terms of section 17(5) and that the delay caused by obtaining a warrant would defeat the object of the warrant.

Offences and penalties in respect of search of premises

20. (1) A person is guilty of an offence if he or she wilfully obstructs, or knowingly makes a false statement to, a police official or domestic inspector during a search under a warrant obtained in terms of section 17(5).
(2) Any person convicted of an offence contemplated in subsection (1) is liable to a fine or to imprisonment for a period not exceeding one year, or to both a fine and such imprisonment.

CHAPTER 6
INTERNATIONAL INSPECTIONS

International fact-finding missions to Republic

21. (1) An international fact-finding mission, authorised and mandated by the parties and appointed by the Secretary-General of the United Nations, may in accordance with Article 8 of the Convention enter and stay in the Republic to investigate any matter concerning the Republic's alleged non-compliance with the Convention.
(2) The Minister—
(a) must take the necessary administrative measures to receive, transport and accommodate the mission;
(b) is responsible for ensuring the security of the mission to the maximum extent possible while in the Republic;
(c) must make all efforts to ensure that the mission is given the opportunity to speak with all relevant persons who may be able to provide information relating to the compliance matter in question; and
(d) must grant the mission access to all areas and installations under the control of the Republic where facts relevant to the compliance matter could be expected to be collected.