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Explosives Act, 2003 (Act No. 15 of 2003)

Chapter 8 : Offences, Penalties, Jurisdiction and Appeals

29. Penalties

 

 

1) Any person convicted of an contravention of or a failure to comply with –
a) section 22(2), is liable to imprisonment for a period not exceeding 25 years;
b) section 11, 13(1) or (3), 14(1), (2) or (3), 17 or 15(1), is liable, in the case of –
i) a first offender, to imprisonment for a period not exceeding 15 years;
ii) a second offender, to imprisonment for a period not exceeding 20 years; and
iii) a third or subsequent offender, to imprisonment for a period not exceeding 25 years;
c) section 22(3) or (4), where –
i) the act or omission is willful and death does not result therefrom, is liable to a fine or imprisonment for a period not exceeding 15 years or to both a fine and such imprisonment;
ii) the explosion is caused by a negligent act or omission and death results, is liable to a fine or to imprisonment for a period not exceeding 10 years or to both a fine and such imprisonment;
iii) the explosion is caused by a negligent act or omission and property or life is endangered, is liable to a fine or to imprisonment for a period not exceeding five years or to both a fine and such imprisonment;
d) section 10(1), (2), (3), (4), (5) or (6) or 16 is liable to imprisonment for a period not exceeding 15 years;
e) section 19 is liable to imprisonment for a period not exceeding 10 years; and or 27(3)
f) section 8(1), 12(1) or (2), 15(2), 18(1) or (2), 20(1), 21(1), 26(1) or (2), 27(1) or (2); or is liable to a fine or to imprisonment for a period not exceeding five years or to both a fine and such imprisonment.

 

2) A court sentencing a person in terms of subsection (1) , or , may –
a) declare any explosives in respect of which the offence was committed to be forfeited to the State and may make any order with regard to the safe keeping and destruction of the explosives, including an order for payment of the cost of safe keeping and destruction as the court may deem fit; and
b) declare any vehicle or instrument used for the purposes of or in connection with the commission of the offence to be forfeited to the State.

 

3) Section 35 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), applies with the necessary changes to any forfeiture and disposal in terms of this section.