eSwatini
Arms and Ammunition Act, 1964
Act 24 of 1964
- Commenced on 1 January 1966
- [This is the version of this document at 1 December 1998.]
1. Short title
This Act may be cited as the Arms and Ammunition Act, 1964.2. Interpretation
In this Act, unless the context otherwise requires—“acquire” includes hire, accept as a gift or borrow;“ammunition” means—(a)ammunition for a firearm, or(b)grenades, bombs and other like missiles whether or not capable of use with a firearm, or(c)ammunition containing, or designed or adapted to contain, a noxious liquid or gas or any other noxious thing;“appropriate officer” means police officer in charge of a prescribed police station;“approved form” means a form approved under section 35(2);“arm” means a firearm or arm of war;“arm of war” includes—(a)artillery of all kinds;(b)apparatus for the discharge of all kinds of projectiles whether explosive or gas diffusing;(c)flame-throwers, bombs, grenades, machine-guns, land mines of any kind whatsoever and rifled smallbore breach-loading weapons, but does not include sporting-rifles or other weapons or apparatus not intended for warlike purposes;[Amended K.O-I-C. 26/1977]“board” means the board established under section 4(1);“certificate of registration” means certificate issued under section 10(9)(b);“company” has the same meaning as assigned to it by section 3 of the Companies Act No. 7 of 1912;“disqualified” means—(a)disqualified in accordance with subsection 11(4), or(b)declared to be unfit in accordance with section 18;“firearm” means—(a)a pistol, revolver, rifle, shotgun or other lethal barrelled weapon of any description—(i)from which a shot, bullet or other missile can be discharged; or(ii)which can be adapted, for the discharge of a shot, bullet or other missile; or(b)a weapon of any description designed or adapted, for the discharge of a noxious liquid or gas or any other thing;but does not include airgun of less than .22 calibre;“firearms dealer” means person who by way of trade or business sells or otherwise transfers, repairs, tests or proves, firearms or ammunition;“imitation arm” means any thing having the appearance of being an arm, whether or not it is capable of discharging a shot, bullet or other missile;“immigration officer” has the same meaning as in the Immigration Act, No. 32 of 1964;“licence” means a licence or permit under this Act; and “licensed” has a corresponding meaning;“licensing officer” means the Commissioner of Police and any police officer deputed by him to be a licensing officer;“magistrate’s court” means a court established under the Magistrate’s Court Act, No. 66 of 1938;“manufacture” in relation to arms and ammunition, does not include the—(a)repair of arms or ammunition;(b)conversion into an arm of a thing having the appearance of an arm but so constructed as to be incapable of discharging a missile through its barrel; or(c)alteration, replacement or substitution of a component part of an arm duly licensed;“Minister” means the Prime Minister;“offence” means an offence under this Act;“permit” means a permit issued under this Act;“prescribed form” includes a form approved under section 35(2);“possession” means custody or control;“region” means an area defined in accordance with section 6 of the Swazi Administration Act, No. 11 of 1905;“register” means the register maintained in accordance with section 3 and “registered” has a corresponding meaning;“removal permit” means a permit issued under section 25;“transfer” includes let or hire, give or lend, and part with possession;3. Register of firearms
The Commissioner of Police shall cause a register of all firearms required to be registered under this Act to be maintained.[Amended L. 14/1965]4. Establishment of board
5. Licensing officer to accept advice to the board
6. Dealing in firearms and ammunition
7. Display of name and description of licensed dealer
8. Other provisions relating to licensed dealers
9. Importation, exportation, acquisition or transference of firearms and ammunition
10. Application to import, export or acquire firearms and ammunition
11. Possession of firearm, ammunition or essential component part of an arm
12. Other licensing provisions
13. Rifle clubs
14. Arms of war
15. Safe custody of firearms, ammunition and arms of war
16. Penalty for false statements
Any person who makes a statement, which he knows to be false, for the purpose of procuring the grant, or renewal, of a licence, whether for himself or any other person shall be guilty of an offence and liable on conviction to imprisonment not exceeding twelve months or a fine not exceeding two E1,000, or both.[Amended A.6/1988]17. Prohibition of manufacture of firearms, ammunition and arms of war
18. Declaration of unfitness to possess a firearm
19. Direction in the interest of public safety
20. Carrying of firearm
21. Penalty for use in certain circumstances of arms and imitation arms
22. Conversion of imitation firearms into firearms
23. Miscellaneous offences
24. Removal from one region to another
25. Removal permits
26. Prohibition of transmission of arms by post
27. Search, arrest, etc.
28. Inspection
A police officer may, at all reasonable times—29. Penalties in respect of sections 23 and 24
Any person who obstructs a police officer in the exercise of any power conferred by section 23 or 24, or fails to give a police officer any information which he is lawfully required to give such police officer under section 24, shall be guilty of an offence and liable on conviction to a fine not exceeding E1,000, or imprisonment not exceeding twelve months, or both.[Amended A.6/1988]30. Production of documents
31. Disposal of arms and ammunition forfeited
If a court convicting a person of an offence under this Act has in accordance with Section 317(2) of the Criminal Procedure and Evidence Act, No. 67 of 1938, declared an arm and ammunition to be forfeited to the Government, it shall be disposed of in such manner as the Minister may direct.32. Review
33. Contravention by company or partnership
34. Penalties
In a prosecution for an offence under this Act before a magistrates court the court may impose the maximum penalties provided for this offence by this Act.35. Regulations
36. Exceptions
History of this document
01 December 1998 this version
Consolidation
01 January 1966
Commenced
Cited documents 4
Legislation 4
Documents citing this one 48
Gazette 9
- Swaziland Government Gazette dated 1993-08-24 number 974
- Swaziland Government Gazette dated 1994-05-27 number 25
- Swaziland Government Gazette dated 1994-09-23 number 48
- Swaziland Government Gazette dated 1997-11-07 number 306
- Swaziland Government Gazette dated 2000-05-26 number 567
- Swaziland Government Gazette dated 2001-06-25 number 714
- Swaziland Government Gazette dated 2006-12-22 number 153
- Swaziland Government Gazette dated 2013-08-02 number 98
- Swaziland Government Gazette dated 2013-11-15 number 149
Judgment 36
- Dlamini v Rex (176 of 2018) [2018] SZHC 307 (17 September 2018)
- Dlamini & Other v Manzini Senior Magistrate and Others (1526 of 2011) [2012] SZHC 76 (28 March 2012)
- King v Mkhwanazi (125 of 1998) [2001] SZSC 31 (27 November 2001)
- Macrea And Another v King (65 of 2001) [2004] SZSC 123 (25 November 2004)
- Macrea And Another v King (65 of 2001) [2004] SZSC 23 (25 November 2004)
- Magongo v Rex (31 of 2002) [2002] SZSC 41 (15 November 2002)
- Mavuso v Rex (42 of 2014) [2015] SZSC 10 (29 July 2015)
- Mhlongo And Others v Rex (185 of 1992) [1993] SZSC 1 (1 January 1993)
- Msibi v King (26 of 2000) [2000] SZSC 24 (13 December 2000)
- Ndwandwe v Rex (5 of 2012) [2012] SZSC 39 (30 November 2012)
- R v Dlamini (200 of 2007) [2009] SZHC 22 (27 February 2009)
- R v Dlamini (62 of 1998) [1999] SZHC 28 (24 May 1999)
- R v Dlamini and Another (41 of 2000) [2002] SZHC 7 (19 March 2002)
- R v Mahlobo and Others (Review 286 of 2002) [2002] SZHC 34 (25 November 2002)
- R v Maseko (18 of 2006) [2006] SZHC 70 (19 April 2006)
- R v Mdluli and Another (18 of 2009) [2009] SZHC 75 (18 February 2009)
- R v Mkhwanazi and Others (125 of 1998) [2000] SZHC 12 (11 May 2000)
- R v Motsa and Others (30 of 2006) [2006] SZHC 118 (4 August 2006)
- R v Myeni (72 of 2005) [2006] SZHC 45 (2 March 2006)
- R v Ngubane And Others (6 of 2006) [2007] SZSC 37 (14 November 2007)
- R v Ngubane and Others (46 of 2000) [2006] SZHC 73 (20 April 2006)
- R v Zikalala and Others (135 of 2004) [2009] SZHC 165 (16 June 2009)
- Rex v Dlamini [1997] SZHC 21 (30 January 1997)
- Rex v Gama and Another [2004] SZHC 149 (8 September 2004)
- Rex v Lukhele (155 of 2012) [2014] SZHC 65 (4 April 2014)
- Rex v Mahlobo and Others [2002] SZHC 93 (25 November 2002)
- Rex v Mkhize (176 of 2010) [2012] SZHC 155 (27 July 2012)
- Rex v Shilombo (65 of 2011) [2012] SZHC 360 (29 March 2012)
- Rex v Tsabedze (163 of 2012) [2012] SZHC 168 (6 August 2012)
- S v Ijeoma and Others (65 of 2001) [2004] SZHC 77 (17 June 2004)
- S v Zulu and Others (39 of 2002) [2004] SZHC 53 (5 May 2004)
- Secretary To Cabinet And Others v Zwane (2 of 2000) [2000] SZSC 17 (12 December 2000)
- Shongwe v Commissioner of Police and Another (1302 of 2001) [2004] SZHC 63 (3 June 2004)
- Simelane v Rex (438 of 2010) [2014] SZHC 140 (9 July 2014)
- Tfwala and Another v Rex (383 of 2012) [2013] SZHC 34 (6 March 2013)
- Tsela v R (11 of 2010) [2010] SZSC 33 (27 May 2010)