Government proposals tough penalties in new law on Explosives

Parliament is set to repeal the Explosives Act, 1936 to cater for defects in the 87-year-old law as the country continues to witness illegal use of explosives in the mining and entertainment sectors.

One of the tough penalties proposed in the Explosives Bill, 2023 that was tabled in Parliament on Tuesday by the State Minister for Internal Affairs, Gen David Muhoozi is a fine of Shs10b or imprisonment for life for a person convicted for illegally establishing a factory or manufacturing plant for explosives.

Deputy Speaker Thomas Tayebwa sent the Bill to the Parliamentary Committee on Defense and Internal Affairs for scrutiny.

According to Gen Muhoozi, the proposed law if passed by Parliament would streamline the licensing of explosives and their use in the country and it targets mainly the mining sector and also the entertainment industry.

Gen Muhoozi told Parliament that there have been challenges in regulating the use of explosives in the country because of prevailing defects in the current law, the Explosives Act, 1936.

“The absence of major reforms in the existing law on explosives has made it difficult to regulate the use, storage and manufacture of explosives resulting in unauthorised access to explosives” said Gen Muhoozi.

This Bill seeks to regulate explosives both manufactured within Uganda and those that are to be imported. Schedule 2 of the Bill has a list of 15 explosives that are authorized for use in Uganda while there are 12 other types of explosives that can be privately imported in Uganda with a permit issued by the Chief Explosives Inspector, an officer that would be created with the enactment of the law.

What is in the Bill?

The Bill in clause 3 provides that the law would be applied on authorised explosives used for commercial purposes including explosives for use in the mining sector, and the entertainment industry. In the entertainment sector, what is being regulated is the use of fireworks which have been a common phenomenon especially at hotels while ushering in a new calendar year.

However, this clause provides that such explosives meant for use by the armed forces will not be prohibited by the law.

 “For the avoidance of doubt, this Act does not apply to; the importation, exportation, storage, use, manufacture or transportation of explosives by the Uganda peoples’ Defense Force, the Uganda Police Force or to explosives used in warfare by a security agency; and, the importation, exportation, storage, use, manufacture or transportation of explosives by a defense force or police force of any country or any multinational or international defense force or policing agency used in warfare” reads part of the Bill.

The government in introducing the Bill wants to ensure that private manufacturers and dealers in explosives must be licensed in order to operate in Uganda with strict supervision of the Chief Inspector of Explosives.

Clause 14 proposes the steps to be taken to establish or operate an explosives factory or manufacturing plant in Uganda. These licenses are to be issued by the Minister of Internal Affairs on the recommendation of the Explosives Committee which is also a creation of the new law.

Clause 18 of the Bill provides for the licensing of persons seeking to establish explosives magazines which has to be done with the recommendation of the Committee. The Bill defines an explosives magazine as “any building or part of a building or any structure licensed under this Act for the storage of explosives or explosives material”

Such a person convicted for storing explosives in other place other than an explosives magazine licensed under this this law, or who establishes or operates an explosives magazine without a license could face a fine of Shs10b or to a fine not exceeding Shs1b or to imprisonment for a term not exceeding ten years, or both.

In clause 20, the government seeks to license individuals who wish to deal or trade in authorized explosives. Under that rigorous licensing regime, the Committee has to consider a variety of factors that include; identity, character, mental and physical health of the applicant or the directors and principal officers in the case of a company; relevant experience and expertise in handling explosives; criminal record; previous insolvency record; adequate facilities for handling explosives and adequate safety measures.

A person convicted for possessing, dealing in, using or selling explosives without a license or permit could face a fine not exceeding Shs1b or imprisonment for a term not exceeding 10 years, or both.

Clause 31 proposes prohibition of import and export of explosives authorized by people who are not qualified to be licensed as a manufacturer of explosives. The penalty for this offense is a fine not exceeding Shs1b or jail sentence not exceeding 10 years or both.

Transport and blasting

Concerning the use of explosives in Uganda, the government has proposed measures for transportation from the factory or point of entry and also how such can be exploded. On transportation, a permit has to be issued in accordance with the law with terms and conditions including a notice issued by the Minister in a widely circulated newspaper for purposes of safety. Also a fine not exceeding Shs1b or 10-year jail term or both have been proposed for whoever would be convicted for illegally transporting explosives.

On the blasting of explosives in the mining and entertainment sectors, the government wants to see that no one shall do so without; a blasting certificate issued by a recognised institution; a blasting certificate issued by the Chief Explosives Inspector or any other authorised person; and a blasting permit. Similarly, the punishment for any illegality on blasting of explosives is Shs1b or 10 years’ imprisonment or both.

The Committee on Defense and Internal Affairs Chaired by Nyabushozi County MP Wilson Kajwengye has 45 days within which to interface with the Ministry, experts and other stakeholders for their input and views on the provisions in the Bill before a report is presented to Parliament at the Second Reading.

Under Clause 40, the Bill seeks to create vicarious liability on the part of directors or executive heads of legal entities found in violation of any provisions, should the Bill become law.

“Where an offence provided for under this Act is committed by a legal entity, a director or the executive head of the legal entity is deemed to have committed that offence,” reads Clause 40 of the Bill.

Government in Clause 41 proposes that it is a duty of care on the part of persons or entities using explosives and sets out punishment for careless offenders to negligently injure neighbours or damage their properties, a provision which could turn out to be a major relief for families which are constantly in courts wrangling with companies whose blasting activities cause massive damages to their properties.

 Clause 44 creates an obligation on those using explosives to mind the environment and put in place measures to safeguard properties from harm and damage arising from explosives.