Towards a Safe and Secure Nation: The First Consultative Conference on Firearm Control, Ownership and Administration in Botswana, 13-15 May, 2003;

Continental Conferences facilitated by SaferAfrica

Legislation: Needs and Assessments by Botswana Police
Ms L I Dambe

The Arms and Ammunition Act was enacted in 1981. It came into operation on the 31 st December 1981. It places the administration of the Act in the hands of the Commissioner of Police who, in terms of the Act, is charged with the responsibility of appointing licencing officers to assist in its administration.
The Act declares that the Arms and Ammunition Quota Board shall continue to be in existence. Its primary responsibility shall be the regulation and importation of arms or ammunition in Botswana and the exportation thereof. The regulations have been promulgated to control the procedure of the Board.
The central arms registry records all information relating to arms and ammunition. The Registry is under the control of the Commissioner of Police.

Importation and exportation of Arms adn Ammunition

There is a prohibition on the importation of arms or ammunition. The Act provides that such importation can only be done in situations where there is an import permit issued in terms of the Act. Arms or ammunition will only be imported for purposes of sale if that is done under the authority of an arms dealers permit. The subsidiary legislation prescribes the procedure for issue and renewal of the import permit and conditions of issue. Contravention of this section render one liable to a fine not exceeding PI 000 or to a term of imprisonment not exceeding one year or both. If the contravention relates to arms or ammunition of war, the penalty is enhanced and the offender would suffer a mandatory minimum term of five years imprisonment. The maximum penalty prescribed is ten years.

Provision for registration of Arms and Ammunition

The Act declares that all arms and ammunition imported either for personal use of for sale must be registered. Subsidiary legislation should prescribe the procedure for registration, and conditions to be attached to the issue of a registration certificate. The Act envisages that there could be a prescribed list of persons who would not be required to register their weapons. A contravention of provision concerning registration of arms or ammunition attracts liability to a penalty of a fine not exceeding P2 000 or to a term of imprisonment not exceeding two years or to both . In relation to contravention concerning registration of the arms or ammunition of war a mandatory minimum sentence of five years maximum penalty of ten years imprisonment is prescribed.

Exportation of Arms and Ammunition

This section focuses on the exportation of arms or ammunition. It creates a prohibition on the export of any arms or ammunition where one does not have a permit to do so. The Act makes provision for subsidiary legislation on the issue or renewal of an export permit. Conditions of issue, duration thereof and fees payable are matters which are to be dealt with under secondary legislation.

Restrictions as to possesion of Arms and Ammunition

Legislation prohibits ownership purchase, acquisition or possession of arms or ammunition except in situations where one holds an arms licence issued in terms of the Act. Excluded from the ambit of this section are the air gun, air rifle or air pistol weapons which are not viewed as dangerous. Once again matters of issue, renewal of licences and conditions thereof are matters dealt with under subsidiary legislation.

A contravention of the provisions of the section in connection with possession, or ownership of arms or ammunition attracts a fine of P250.00 on conviction. In case of arms or ammunition of war the penalty prescribed is a mandatory minimum sentence of not less than five years. Maximum penalty of ten years' imprisonment is imposed. The section exempts certain persons from the provisions of this section.

Game Wardens, licencing officers and customs officers are empowered under the Act to demand a licence from any person upon reasonable grounds that he is in possession of offending items. Failure to comply with the demand constitutes an offence and upon conviction the offender shall be liable to a fine not exceeding P250.00 in default there, of a term not exceeding three months.

Manufacture, Repair and Conversion of Arms and Ammunition

The Act imposes a prohibition on the manufacture of arms or ammunition without a licence to do so. The Act envisages that subsidiary legislation would be put in place to address matters of issue and renewal of a manufacturer's licence and conditions of issue. Any contravention constitutes an offence and renders one liable to criminal penalties which attracts a fine not exceeding P3 000.00 or a term of imprisonment not exceeding three years or to both. Upon suspicion that there is a contravention of the Act, a licensing officer is empowered to seize and retain arms or ammunition. Disposal of arms or ammunition seized shall be done in accordance with the direction of the Minister.

Sale and Transfer or Arms and Ammunition

The legislation imposes a restriction on the sale or transfer of arms or ammunition. It is thus provided that no person shall sell, transfer or otherwise dispose of arms or ammunition to any person in Botswana unless: