REPORT Small arms and security in Southern Africa

SaferAfrica and Saferworld Zimbabwe Firearms Act 1957

‘firearm’ means –
(a) any lethal barrelled weapon of any
description from which any shot, bullet
or any other missile can be discharged
or which can be adapted for the
discharge of any such shot, bullet or
any other missile;
(b) the barrel, bolt and chamber or any
other essential component part of any
such weapon as aforesaid; but does not
include any signalling apparatus, other
than the type of signalling apparatus
known as a Verey Pistol;

The Law of the Gun

An audit of firearms control legislation in the SADC region
ZIMBABWE

Peter Cross, Rick de Caris,

Ettienne Hennop and Angus Urquhart

June 2003
 The Law of the Gun:
ZIMBABWE

An audit of firearms control legislation in the SADC region

Peter Cross, Rick de Caris, Ettienne Hennop

and Angus Urquhart

SAFERAFRICA AND SAFERWORLD

JUNE 2003
Contents

Foreword 5

Overview of firearms situation 8

Overview of legislation 8

General information 9

Definitions in Zimbabwe’s firearms control legislation 10

Breakdown of Zimbabwe’s firearms control legislation 12

Controls on civilian possession and use 12

Record keeping and tracing 17

Import, export and transit 21

Brokering 24

Manufacture 24

Trade 29

Seizure, disposal and enforcement 32

Arms embargoes 35

State-owned firearms 36
Acknowledgements
Saferworld is grateful to the UK Government for funding this project.

SaferAfrica is grateful to the governments of the UK, the Netherlands, Ireland and Norway for
funding this project.

In the research and writing of this report valuable assistance was provided by government and
civil society representatives in all the countries included in the study. Special thanks to Gabriël
Oosthuizen for his valuable input in checking the numerous tables in the full study and providing
advice on the international legal perspective.
Foreword

THIS COUNTRY STUDY forms one chapter of a comprehensive study on firearms legislation in
Southern Africa, conducted by Saferworld and SaferAfrica which aims to assess the strengths
and weaknesses of the firearms control legislation in Southern African Development Community
(SADC) member states.

The full study contains an introductory chapter providing an overview of the firearms legislation in
12 of the SADC member states and the regional perspective. Each of the following 12 chapters
covers one SADC member state. The chapter provides an in-depth analysis of each state’s
firearms legislation against the commitments contained in the four key international and regional
small arms agreements for the SADC member states:

‘Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and
Components and Ammunition, supplementing the United Nations Convention against ‘Transna-
tional Organised Crime’ (‘UN Firearms Protocol’);
‘United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small
Arms and Light weapons in All Its Aspects’ (‘UN Programme of Action’);
‘Bamako Declaration on an African Common Position on the Illicit Proliferation, Circulation and
Trafficking of Small Arms and Light Weapons’ (‘Bamako Declaration’); and
‘SADC Protocol on The Control of Firearms, Ammunition and Other Related Materials’ (‘SADC
Firearms Protocol’).
The study is intended as a reference document to assist law-makers and others involved in
reviewing national legislation. For every country, the existing national firearms laws are unpacked
and their provisions detailed, by issue, alongside the requirements of the international and
regional small arms agreements. This analysis is presented in an individual table for each
country, in which it is possible to adjudge the level of conformity with the requirements of the
international and regional agreements.
6 THE LAW OF THE GUN: AN AUDIT OF FIREARMS CONTROL LEGISLATION

The information contained in this report was collected through field research. During the research
Sources visits to each country the research team consulted a wide range of government departments,
including:

The Ministry of the Interior/Home Affairs

The Ministry of Justice
The Ministry of Defence
The Attorney General’s Office
The Police
The Army / Defence Forces
Customs and Immigration
Wildlife and Parks
Local civil society actors were also consulted.

The country-study reports contain four sections:

Using this
document Overview of the firearms situation and legislation in the country. The information in this
overview was collected during research trips to the country.
General Information about the country is contained in a table following the overview of the
firearms situation in the country. This includes information relating to the international and
regional agreements that the country has signed up to, information on the current firearms control
legislation and information on the number of firearms in the country.
Definitions are contained in a table which presents the definitions contained in the country’s
national legislation, presenting them alongside the definitions contained in the SADC Firearms
Protocol and the UN Firearms Protocol.
Legislation Breakdown is contained in a table which forms the main body of the country study.
The breakdown of the legislation is done against 9 analytic categories. The following broad
categories were identified in order to facilitate a uniform approach to the analysis of very different
pieces of legislation:
Controls on civilian possession and use
Record keeping and tracing
Import, export and transit
Brokering
Manufacture
Trade
Seizure, disposal, and enforcement
Arms embargoes
State-owned firearms

This breakdown of the national legislation is presented alongside the commitments contained in
the four key regional and international agreements. A comment on conformity, to these agree-
ments has been included. Throughout this report, where we talk of ‘conformity’, ‘commitments’,
‘requirements’ or similar terms, we do so with regard to the importance of fully implementing the
provisions of these agreements and the need to ratify them and hasten their entry into force. By
noting the ‘conformity’ or otherwise of existing national legislation we are not indicating a legal
commitment to the SADC Firearms Protocol and UN Firearms Protocol, before these are ratified
and have entered into force. Full conformity with the provisions of these regional and international
small arms agreements is, nonetheless, important in laying the foundations for the effective
control of firearms across the SADC region. The presentation of the analysis is intended to
ZIMBABWE 7

facilitate cross-referencing between the national legislation and the international and regional
commitments as well as cross referencing between the various pieces of legislation in the SADC
region.

The tables contain the articles specifically relevant to the analytical category and the requirements
of the international and regional agreements, however, both in terms of accessibility and due to
constraints of space certain articles and/or subsections have been omitted. We have tried, where
possible, to limit this to articles containing procedural guidelines. Also, where articles cross-
reference other articles within the act, these cross-referenced articles have often not been
immediately reproduced, again because of constraints of space. In most cases, however, these
cross-referenced articles appear under different sections of the table.

This country study should be used in conjunction with the narrative section of the study which
contains a comprehensive overview of the aims and objectives of the study as well as the
methodology used. The narrative section includes a table containing the key international and
regional agreements broken down against the analytical categories outlined above. The narrative
report and the 12 country studies are available online at Saferworld’s website:
www.saferworld.org.uk, while hard copies are available on request.
 Zimbabwe

Overview of THE NUMBER OF REGISTERED FIREARMS IN ZIMBABWE is relatively high compared with
firearms other countries in the region — currently it is estimated that there are approximately 400,000
situation registered civilian-owned firearms. In discussions held with police representatives and the ‘Office
of the Attorney General’ the consensus was that Zimbabwe’s ‘Firearms Act’ is effectively applied
by the police and that convictions are obtained. Both groups indicated that there had been an
increase in the number of cases in which firearms had been used, especially where these
involved ‘arms of war’. The sources of these arms of war (such as AK47s) are believed to be
Mozambique, South Africa and Zambia. However, in normal day-to-day criminal activity handguns
are the predominant firearm used.

In the year 2001 some 40 illegal firearms were recovered in the Harare district. Most of the
firearms recovered have serial numbers, and the most popular calibre is 9mm. There is no
indication that criminals are targeting lawful possessors of firearms to obtain these firearms,
although when robbing their victims the firearms are usually taken.

Zimbabwe is a land-locked country that has managed to maintain a comparative level of control
over its domestic firearms problem despite being almost completely surrounded by countries more
severely affected. One of the major concerns, given its geographic location, is its use as a transit
point. There is good control over the import and export of firearms (although there appears to be
no legislative basis for this), as the relevant permit will only be issued if the appropriate documen-
tation has been received (including end-user certificates). The controls over transit appear much
weaker, however.

Overview of The bulk of controls on firearms are currently contained within the ‘Firearms Act of 1957’. This Act
legislation has been amended a number of times but these amendments have not been aimed at aligning
the Act with the provisions of international agreements. Currently a number of amendments to the
Firearms Act are being considered which include prohibiting the licensing of automatic rifles.

It was apparent that the day-to-day operation of the firearm control system does not follow the
Act. Although provision is made for re-licensing, the system is not in a position to audit renewals.
Initially people who failed to renew their licences were followed up and the firearms were seized
and held pending the issuing of the new licence. However, due to the huge administrative load
this placed on the police this is no longer done. There is, therefore, an urgent need to upgrade the
system and develop an electronic database which would assist in the re-licensing process. Each
application for a licence must be properly motivated. The minimum age at which a licence is
issued is 18 years.

In the case of Zimbabwe it seems apparent that new legislation needs to be drafted in order to
bring the existing legislation in line with the regional and international agreements. This will entail
ZIMBABWE 9

significant amendments.

General International agreements SADC Firearms Protocol Signed

information UN Firearms Protocol
Zimbabwe UN Programme of Action Party to
Bamako Declaration Party to
Primary legislation Firearms Act Chapter 10:09
Last amendment / revisions 1972
Regulations Yes
Year of implementation 1956
Other legislation containing Explosives Act
firearms controls
Central Firearms Registry Yes, manually. Managed by the Zimbabwe Police
Access to data only at Central Firearm Registry.
Number of registered 400 000
civilian firearms
Review Currently underway
 Definitions in Zimbabwe’s
firearms control legislation

Definitions
Analytical category SADC Firearms Protocol UN Firearms Protocol National legislation

Firearms Article 1 Article 3 Firearms Act of 1957

“firearm” means: (a) “Firearm” shall mean any ‘firearm” means-
(a) any portable lethal weapon portable barrelled weapon that (a) any lethal barrelled
that expels, or is designed to expels, is designed to expel or weapon of any description
expel, a shot, bullet or may be readily converted to from which any shot, bullet or
projectile by the action of expel a shot, bullet or any other missile can be
burning propellant, excluding projectile by the action of an discharged or which can be
antique firearms or their explosive, excluding antique adapted for the discharge of
replicas that are not subject to firearms or their replicas. any such shot, bullet or any
authorisation in the respective Antique firearms and their other missile;
State Parties; replicas shall be defined in (b) the barrel, bolt and
(b) any device which may be accordance with domestic law. chamber or any other
readily converted into a In no case, however, shall essential component part of
weapon referred to in antique firearms include any such weapon as
paragraph a); firearms manufactured after aforesaid;
(c) any small arm as defined 1899; but does not include any
in this Article; or signalling apparatus, other
(d) any light weapon as than the type of signalling
defined in this Article apparatus known as a Verey
Pistol;

Ammunition Article 1 Article 3 Firearms Act of 1957

“ammunition” means the (c) “Ammunition” shall “ammunition” means:
complete cartridge including mean the complete round or ammunition for any firearm;
the cartridge case, unfired its components, including grenades, bombs and any
primer, propellant, bullets and cartridge cases, primers, other like missiles, whether
projectiles that are used in a propellant powder, bullets or capable of use with a firearm
firearm, provided those projectiles, that are used in a or not; but does not include
components are themselves firearm, provided that those any signalling apparatus or
subject to authorisation in the components are themselves missiles therefore, other than
respective State Parties; subject to authorization in the missiles for the type of
respective State Party; signalling apparatus known as
a Verey Pistol;

Light weapons / arms of war Article 1

“light weapons” include the
following portable weapons
designed for use by several
persons serving as a crew:
ZIMBABWE 11

Definitions
Analytical category SADC Firearms Protocol UN Firearms Protocol National legislation

heavy machine guns,

automatic cannons, howitzers,
mortars of less than 100 mm
calibre, grenade launchers,
anti-tank weapons and
launchers, recoilless guns,
shoulder fired rockets, anti-
aircraft weapons and
launchers, and air defence
weapons.

Small arms Article 1

“small arms” include light
machine guns, sub-machine
guns, including machine
pistols, fully automatic rifles
and assault rifles and semi-
automatic rifles;

Other related materials / Article 1 Article 3

parts and components “other related materials” (b) “Parts and compo-
means any components, parts nents” shall mean any
or replacement parts of a element or replacement
firearm that are essential to element specifically designed
the operation of the firearm; for a firearm and essential to
its operation, including a
barrel, frame or receiver, slide
or cylinder, bolt or breech
block, and any device
designed or adapted to
diminish the sound caused by
firing a firearm;
 Breakdown of Zimbabwe’s
firearms control legislation

Controls on civilian possession and use

Licensing

Analytical category International & regional agreements Current national legislative controls Conformity

Description of SADC Firearms Protocol Art. 5 Firearms Act of 1957 The national
licensing (3) (a) (j) Art. 4 (1) Subject to this Act, no person shall legislation conforms
process – how Requires the prohibition of purchase, acquire or have in his possession any to the relevant
firearms licence unrestricted possession of small firearm or ammunition unless he holds a firearm international and
is obtained arms by civilians. certificate in respect thereof in force at the time. regional agree-
Requires the monitoring and ments.
auditing of licences held in a
person’s possession.
Bamako Declaration Art. 3 A
(iii)
Recommends establishing as a
criminal offence the illegal
possession of small arms and
light weapons.
UN Programme of Action II Art.
3
Recommends establishing as a
criminal offence the illegal
possession of small arms and
light weapons.

Controls on civilian possession and use

Restrictions and conditions

Analytical category International & regional agreements Current national legislative controls Conformity

Personal
suitability to
possess arms

Age restrictions
ZIMBABWE 13

Controls on civilian possession and use

Restrictions and conditions

Analytical category International & regional agreements Current national legislative controls Conformity

Competency test SADC Firearms Protocol Art. 5 The national

(3) (i) legislation does not
Requires competency testing conform to interna-
tional and regional
agreements as no
provision is made for
competency testing.

Quantity of SADC Firearms Protocol Art. 5 The national

weapons (3) (j) legislation does not
Requires restrictions on conform to interna-
quantities of weapons held tional and regional
agreements.

Licence required
for each arm

Quantity of
ammunition

Type of weapon SADC Firearms Protocol Art. 5 Firearms Act of 1957 The national
(3) (b) Art. 24 (1) Subject to subsection (7), it shall not be legislation does not
Requires the total prohibition of lawful for any person other than a person in the conform to the
civilian possession and use of service of the State in his capacity as such or a relevant international
light weapons. person authorized in writing in that behalf by the and regional
Minister or a person of a class for the time being agreements, in that
authorized in that behalf by the Minister, by notice the civilian use and
in a statutory instrument, to sell, transfer, pur- possession is not
chase, acquire or have in his possession totally prohibited.
(a) any firearm which is so designed or adapted
that if pressure is applied to the trigger missiles The prohibition
continue to be discharged until pressure is relates only to small
removed from the trigger or the magazine arms such as
containing the missiles is empty; or automatic rifles and
(b) any weapon of whatever description designed even in this it is not
or adapted for the discharge of any noxious liquid, absolute as the
gas or similar thing; or Minister may give a
(c) any ammunition containing or designed or permit authorizing
adapted to contain any such noxious thing; the possession of a
(d) any firearm or ammunition specified or any small arm.
firearm or ammunition of a class or type specified There is no
by the Minister, by notice in a statutory instrument; prohibition on the
or possession of light
(e) any silencing device for a firearm. weapons unless this
(2) If any person contravenes subsection (1) he type of firearm is
shall be guilty of an offence and liable to a fine not included in the
exceeding one thousand dollars or to imprison- category which is
ment for a period not exceeding five years or to prohibited by the
both such fine and such imprisonment. Minister in a
statutory instrument.

Duration of Firearms Act of 1957

licence and Art. 5 (5) Unless previously revoked in terms of
renewal subsection (8) or cancelled by order of court, a
procedure firearm certificate shall be valid for three years,
calculated from the first day of the month in which
it was issued, and may, on application to the
Controller, be renewed from time to time for further
such three-year periods.
(6) Any person who applies for the renewal of a
firearm certificate in terms of subsection (5) shall, if
so required, produce the firearm to which the
14 THE LAW OF THE GUN: AN AUDIT OF FIREARMS CONTROL LEGISLATION

Controls on civilian possession and use

Restrictions and conditions

Analytical category International & regional agreements Current national legislative controls Conformity

firearm certificate relates for inspection or testing

by the Controller or any person specified by the
controller.

Withholding SADC Firearms Protocol Art. 5 Firearms Act of 1957 The national
information or (3) (l) Art. 8 (23) If any person makes any statement legislation only partly
misrepresenta- Requires provisions that prohibit which he knows to be false for the purpose of conforms to the
tion the misrepresentation or procuring, whether for himself or any other relevant international
withholding of any information person, the grant or renewal of a permit under and regional
given with a view to obtain a subsection (21), he shall be guilty of an offence agreements. -
licence or permit. and liable to a fine not exceeding one hundred Although provision is
dollars or to imprisonment for a period not made prohibiting the
exceeding six months, or to both such fine and making of false
such imprisonment. statements this
refers to three
specific areas,
namely to obtain a
certificate, exemp-
tion from obtaining a
certificate and
registration as a
dealer. There are
other instances
where an applicant
may make a false
statement such as to
obtain a manufac-
turers written
authority. Thus the
prohibition must be
one that covers all
instances where an
applicant is required
to submit informa-
tion.

Exemptions

Controls on civilian possession and use

Possession and use

Analytical category International & regional agreements Current national legislative controls Conformity

Restrictions on SADC Firearms Protocol Art. 5 Firearms Act of 1957 The national
application/ use (3) (e) Art. 27 Any person who - legislation generally
of firearm – Requires measures ensuring that (a) be incapable of having proper control of such conforms to the
when, where, proper controls are exercised firearm or behaves in a disorderly manner; or relevant international
how? over the possession and use of (b) knowingly and without lawful and regional
(potential cases firearms, ammunition and other cause., points a firearm at any agreements. While
include: resisting related materials. other person; or there is no directive
arrest, injure / Bamako Declaration Art. 3 A (c) negligently or recklessly discharges a firearm concerning when
endanger person (iii) or causes or permits a firearm to be discharged; or and where a firearm
or property, Recommends establishing as a (d) knowingly and without lawful cause, discharges may be used certain
handle firearm criminal offence the illegal a firearm in or upon a public place; conduct relating to
under influence possession and use of small shall be guilty of an offence and liable to a fine not the use of a firearm
of drugs/alcohol, arms and light weapons. exceeding one thousand dollars or to imprison- is criminalized thus
negligent UN Programme of Action II Art. ment for a period not exceeding five years or to encouraging
discharge, point 3 both such fine and such imprisonment. responsible firearm
ZIMBABWE 15

Controls on civilian possession and use

Possession and use

Analytical category International & regional agreements Current national legislative controls Conformity

gun without good Recommends establishing as a use.

cause, restric- criminal offence the illegal
tions on carriage possession of small arms and
of firearm (when, light weapons.
where (public
place)), how
(holster,
concealed etc))

Storage and SADC Firearms Protocol Art. 5 Firearms Act of 1957 The national
safekeeping (3) (i) Art. 28 (2) Any person having in his possession legislation conforms
Requires effective controls over any firearm or ammunition shall take all such to international and
firearms, including storage. precautions as may be reasonably necessary to regional agree-
prevent such firearm or ammunition falling into the ments. - Provision is
possession of any unauthorized person and shall made for the
comply with such security measures, both with safeguarding of
regard to the safekeeping thereof and the firearms and
condition in which it may be kept, as may be ammunition and in
prescribed. addition all appli-
cants for certificates
must produce some
form of proof that
they have a gun
cabinet or safe in
which to store the
firearm before a
certificate will be
issued.

Restrictions on / SADC Firearms Protocol Art. 5 The national

conditions of (3) (i) legislation does not
relinquishing Requires restrictions on the fully conform to the
firearms: to owner’s rights to relinquish relevant international
whom (author- control, use and possession of and regional
ised person, firearms, ammunitions and other agreements.
dealer, licence related materials.
holder, relations
etc)

leasing / lending

pawning / SADC Firearms Protocol Art 5 Firearms Act of 1957 The national
pledging (3) (k) Art. 21 (1) No person shall take any firearm or legislation conforms
Requires controls over pawning ammunition in pawn from any other person. to the relevant
and pledging of firearms, (2) If any person contravenes subsection (1) he international and
ammunition and other related shall be guilty of an offence and liable to a fine not regional agree-
materials. exceeding fifty dollars or to imprisonment for a ments, except that
period not exceeding three months or to both such no provision is made
fine and such imprisonment. with respect to
pledging.

inheritance /
death

others

Notifying
authorities of
altered circum-
stances (death,
16 THE LAW OF THE GUN: AN AUDIT OF FIREARMS CONTROL LEGISLATION

Controls on civilian possession and use

Possession and use

Analytical category International & regional agreements Current national legislative controls Conformity

loss, theft,
change of
address, weapon
to gunsmith,
disposal,
destruction etc)

Others
carry licence
while in
possession,
civilian mainte-
nance, repair,
loading

Controls on civilian possession and use

Offences / penalties

Analytical category International & regional agreements Current national legislative controls Conformity

Firearms Act of 1957

Art. 8 (23) If any person makes any statement
which he knows to be false for the purpose of
procuring, whether for himself or any other person,
the grant or renewal of a permit under subsection
(21), he shall be guilty of an offence and liable to a
fine not exceeding one hundred dollars or to
imprisonment for a period not exceeding six
months, or to both such fine and such imprison-
ment.
Art. 24 (1) Subject to subsection (7), it shall not be
lawful for any person other than a person in the
service of the State in his capacity as such or a
person authorized in writing in that behalf by the
Minister or a person of a class for the time being
authorized in that behalf by the Minister, by notice
in a statutory instrument, to sell, transfer, pur-
chase, acquire or have in his possession
(a) any firearm which is so designed or adapted
that if pressure is applied to the trigger missiles
continue to be discharged until pressure is
removed from the trigger or the magazine
containing the missiles is empty; or
(b) any weapon of whatever description designed
or adapted for the discharge of any noxious liquid,
gas or similar thing; or
(c) any ammunition containing or designed or
adapted to contain any such noxious thing;
(d) any firearm or ammunition specified or any
firearm or ammunition of a class or type specified
by the Minister, by notice in a statutory instrument;
or
(e) any silencing device for a firearm.
(2) If any person contravenes subsection (1) he
shall be guilty of an offence and liable to a fine not
exceeding one thousand dollars or to imprison-
ment for a period not exceeding five years or to
both such fine and such imprisonment.
Art. 27 Any person who -
ZIMBABWE 17

Controls on civilian possession and use

Offences / penalties

Analytical category International & regional agreements Current national legislative controls Conformity

(a) be incapable of having proper control of such

firearm or behaves in a disorderly manner; or
(b) knowingly and without lawful cause., points a
firearm at any other person; or
(c) negligently or recklessly discharges a firearm
or causes or permits a firearm to be discharged; or
(d) knowingly and without lawful cause, discharges
a firearm in or upon a public place;
shall be guilty of an offence and liable to a fine not
exceeding one thousand dollars or to imprison-
ment for a period not exceeding five years or to
both such fine and such imprisonment.
Art. 21 (1) No person shall take any firearm or
ammunition in pawn from any other person.
(2) If any person contravenes subsection (1) he
shall be guilty of an offence and liable to a fine not
exceeding fifty dollars or to imprisonment for a
period not exceeding three months or to both such
fine and such imprisonment.

Record keeping and tracing

Marking

Analytical category International & regional agreements Current national legislative controls Conformity

When? (import / SADC Firearms Protocol Art. 5 Firearms Act of 1957 The national
export / transit / (3) (g), 9 (1) and (2) Art. 9 Power to refuse firearm certificate or permit legislation only
manufacture etc) Requires provisions for the unless firearm produced for inspection and partially conforms to
standardised marking and marking the regional and
identification of firearms at the (1) Notwithstanding anything in sections three to international
time of manufacture, import or eight, the Controller may refuse to grant a firearm agreements as it
export. certificate or a permit in terms of subsection (21) of only provides for
Bamako Declaration Art. 3 A section eight unless the firearm to which such marking at the time
(iv) firearm certificate or permit will, if granted, relate is of licensing and
Recommends establishing at the produced to him or to a person specified by him for manufacture. No
national level the responsible inspection or testing, and for marking if necessary provision is
management of licit arms. in accordance with the requirements of subsection contained for
UN Firearms Protocol Art 6 (2) (2). standardised or
Requires the marking of firearms (2) No firearm certificate and no permit in terms of unique marking or
prior to their disposal. subsection (21) of section eight shall be granted in for marking at the
UN Programme of Action Art. 7 respect of a firearm unless such firearm bears a time of import and
Recommends manufacturers mark or number of identification or is first marked export or prior to
apply an appropriate and reliable with such a mark or number by or under and in disposal.
marking to each small arm and accordance with the directions of the Controller.
light weapon as an integral part Art. 10 Restrictions on manufacture of ammunition
of the production process. This (2) Any authority in terms of subsection (1) may
marking should be unique and limit the description and quantity of the ammunition
should identify the country of or any explosive component of the ammunition
manufacture and also provide which may be manufactured under the authority
information that enables the and may impose such other conditions relating to
national authorities of that the manufacture, marking, handling, storage and
country to identify the manufac- disposal of ammunition or any explosive compo-
turer and serial number so that nent of ammunition, including conditions relating to
the authorities concerned can the keeping of registers and the rendering of
identify and trace each weapon. returns, as the Controller may consider desirable.
Art 8 Recommends states adopt Art. 11 Restrictions on manufacturing of firearms
and enforce all the necessary (2) Any authority in terms of subsection (1) may
measures to prevent the impose such conditions relating to the manufac-
manufacture, stockpiling, transfer ture, marking, handling, storage and disposal of
and possession of any unmarked firearms, including conditions relating to the
18 THE LAW OF THE GUN: AN AUDIT OF FIREARMS CONTROL LEGISLATION

Record keeping and tracing

Marking

Analytical category International & regional agreements Current national legislative controls Conformity

or inadequately marked small keeping of registers and the rendering of returns,

arms and light weapons. as the Minister may consider desirable.
Art 16 Recommends that
confiscated, seized and collected
small arms and light weapons
are destroyed, provided that
such weapons have been duly
marked and registered.

How? stamping /
engraving?

where on
weapon?

with what? SADC Firearms Protocol Art. 9 Firearms Act of 1957 The national
(unique alpha- (1) and (2) Art. 9 Power to refuse firearm certificate or permit legislation does not
numeric symbol / UN Firearms Protocol Art. 8 unless firearm produced for inspection and conform to the
identifying UN Programme of Action marking relevant international
country and Section II Art. 7 (2) No firearm certificate and no permit in terms of and regional
manufacturer) The agreements require specific subsection (21) of section eight shall be granted in agreements.
provisions for a unique number respect of a firearm unless such firearm bears a
to be marked on the barrel, mark or number of identification or is first marked
frame or slide at the time of with such a mark or number by or under and in
manufacture or import. Such accordance with the directions of the Controller.
information must permit Art. 10 Restrictions on manufacture of ammunition
identification of country of (2) Any authority in terms of subsection (1) may
manufacture and manufacturer. limit the description and quantity of the ammunition
or any explosive component of the ammunition
which may be manufactured under the authority
and may impose such other conditions relating to
the manufacture, marking, handling, storage and
disposal of ammunition or any explosive compo-
nent of ammunition, including conditions relating to
the keeping of registers and the rendering of
returns, as the Controller may consider desirable.
Art. 11 Restrictions on manufacturing of firearms
(2) Any authority in terms of subsection (1) may
impose such conditions relating to the manufac-
ture, marking, handling, storage and disposal of
firearms, including conditions relating to the
keeping of registers and the rendering of returns,
as the Minister may consider desirable.

Record keeping and tracing

Record keeping

Analytical category International & regional agreements Current national legislative controls Conformity

Description of SADC Firearms Protocol Art. 5 Firearms Act of 1957 The national
record keeping (3) (d) Art. 10 Restrictions on manufacture of ammunition legislation partially
specifications Requires state parties to (1) No person shall manufacture any ammunition conforms to the
(what? where? incorporate into their national or any explosive component of ammunition regional and
how? by whom? laws as a matter of priority the unless— international
for how long? regulation and centralised (a) he is the holder of a written authority granted agreements as it
when must registration of all civilian owned by the Controller and he complies with the provides for a central
authorities be firearms in their territories. conditions of that authority; and register, and records
ZIMBABWE 19

Record keeping and tracing

Record keeping

Analytical category International & regional agreements Current national legislative controls Conformity

provided with SADC Firearms Protocol Art. 8 (b) he is the holder of such licences as may be to be kept of
information?) (d) required by the Explosives Act [Chapter 10:08]. transactions and
State owned firearms – requires (2) Any authority in terms of subsection (1) may manufactured arms
state parties to establish systems limit the description and quantity of the ammunition and ammunition.
to verify the validity and or any explosive component of the ammunition However, there is no
authenticity of documents issued which may be manufactured under the authority indications of the
by licensing authorities in the and may impose such other conditions relating to length records are
Region. the manufacture, marking, handling, storage and held for, provision for
UN Firearms Protocol Art. 7 disposal of ammunition or any explosive compo- records of holdings
and 9 nent of ammunition, including conditions relating to or if markings are
Requires the maintenance of the keeping of registers and the rendering of recorded..
records of markings and other returns, as the Controller may consider desirable.
information for not less than 10 Art. 11 Restrictions on manufacturing of firearms
years of firearms, ammunition (1) No person shall manufacture any firearm
and components that are except—
necessary to trace illicitly (a) in a factory registered under section 10 of the
manufactured or trafficked arms. Factories and Works Act [Chapter 14:08]; and
Recommends records be kept of (b) under a written authority granted by the
all de-activated firearms. Minister and in accordance with the conditions of
UN Programme of Action that authority.
Section II Art. 9 (2) Any authority in terms of subsection (1) may
Recommends ensuring impose such conditions relating to the manufac-
comprehensive and accurate ture, marking, handling, storage and disposal of
records are kept for as long as firearms, including conditions relating to the
possible on the manufacture, keeping of registers and the rendering of returns,
holding and transfer of small as the Minister may consider desirable.
arms and light weapons. Art. 15 Registration of firearms dealers
Records should be maintained (1) The Controller shall keep in the prescribed form
and organised to facilitate a register of firearms dealers and shall enter
accurate and prompt information therein the names of those persons who are
retrieval. registered to carry on business as firearms
Bamako Declaration Art. 3 A dealers.
(iv) Art. 17 Registration of places of business of
Recommends establishing at the firearms dealers
national level the responsible (1) Subject to subsection (3), the Controller shall
management of licit arms. enter in the register of firearms dealers the
address of every place of business at which a
registered firearms dealer carries on business.
Art. 19 Register of transactions for firearms and
ammunition
(1) Any person who, by way of trade or business,
deals in, sells or transfers firearms or ammunition
shall provide and keep a register of transactions in
the prescribed form and shall enter or cause to be
entered therein such particulars as may be
prescribed.
(2) Any such entry shall be made within twenty-
four hours after the transaction to which it relates
took place and, in the case of a sale or transfer,
the person referred to in subsection (1) shall, at
the time of the transaction, require the purchaser
or transferee to furnish particulars sufficient for
identification, and shall immediately enter the said
particulars in the register.
(3) Any person referred to in subsection (1) shall,
on demand, allow any police officer to enter and
inspect all stock in hand, and shall on request by
any such police officer produce for inspection the
register required to be kept in terms of subsection
(1).
(4) When any person who has been required by
subsection (1) to keep a register ceases for any
reason to carry on the trade or business con-
cerned, he shall, within one month of ceasing to
carry on that trade or business, surrender the
register kept by him in terms of subsection (1) to
20 THE LAW OF THE GUN: AN AUDIT OF FIREARMS CONTROL LEGISLATION

Record keeping and tracing

Record keeping

Analytical category International & regional agreements Current national legislative controls Conformity

the Controller.
(5) If any person—
(a) fails to comply with this section;
(b) knowingly makes any false entry in a register
required to be kept under this section; or
(c) knowingly furnishes any false particular of
identification of himself or any other person;
he shall be guilty of an offence and liable to a fine
not exceeding one thousand dollars or to impris-
onment for a period not exceeding five years or to
both such fine and such imprisonment.
Art. 37 Keeping of central register
(1) The Controller shall cause to be maintained a
register containing particulars of all firearm
certificates and permits issued under this Act.
Art. 43 Regulations
(1) The Minister may make such regulations as
may reasonably be necessary effectively to
administer this Act.
(2) Regulations may—
(a) prescribe the form of a firearm certificate and of
any register required to be kept under this Act, and
any other permit or document under this Act;

Record keeping and tracing

Offences / penalties

Analytical category International & regional agreements Current national legislative controls Conformity

UN Firearms Protocol Art. 5 (1) Firearms Act of 1957 The national

(a-c) (2) (a + b) Art. 10 Restrictions on manufacture of ammunition legislation does not
Requires the criminalisation of (4) If any person contravenes subsection (1) or conform to the UN
illicit manufacturing of and fails to comply with any conditions of an authority Firearms Protocol.
trafficking in firearms, their parts mentioned in that subsection, he shall be guilty of
and components, and of an offence and liable to a fine not exceeding …
falsifying or illicitly obliterating, dollars or to imprisonment for a period not
removing or altering markings. exceeding five years or to both such fine and such
imprisonment.
Art. 11 Restrictions on manufacturing of firearms
(4) If any person contravenes subsection (1) or
fails to comply with any condition of an authority
mentioned in that subsection, he shall be guilty of
an offence and liable to a fine not exceeding one
thousand dollars or to imprisonment for a period
not exceeding five years or to both such fine and
such imprisonment.
ZIMBABWE 21

Import, export and transit

Licensing

Analytical category International & regional agreements Current national legislative controls Conformity

Description of SADC Firearms Protocol Art. 5 Firearms Act of 1957 The national
licensing (1) Art. 25 Removal and Transportation of Firearms legislation does not
process Requires state parties to enact and Ammunition within Zimbabwe. conform to the
(licensing / the necessary legislation to (2) Subject to subsection (4), no person shall relevant international
registration of establish as criminal offences the remove or transport or cause to be removed or and regional
persons and illicit trafficking in firearms and transported any firearm or ammunition from one agreements, as
transactions? ammunition. place to another in Zimbabwe unless that firearm there are no
Competency? UN Firearms Protocol Art 5 (1) or ammunition is accompanied provisions regulating
Duration of (b) Art 10 (1), (2) and (3) (a) by the firearm certificate granted in respect of import, export or
licences? Requires state parties to adopt the firearm or ammunition; or carriage in transit.
Offence withhold legislative and other measures (b) where a permit has been issued in respect of
information? making the illicit trafficking in the firearm or ammunition in terms of subsection
Distinction firearms illegal. (21) of section eight, by the permit; or
between civilian Requires provisions catering for (c) where the firearm or ammunition is the
and commercial the international transit of subject of a written agreement referred to in
transfers? firearms. subsection (20) of section eight, by the written
Specifications of Requires provisions for verifying agreement.
licence – the issuance of import licenses
information to be and authority for transit.
included on Requires provisions outlining the
licence? specific detailed information to
Required be included on export and import
documentation – licences. These should include a
end-user minimum of:
certificates etc?) • Place and date of
issuance
• Date of expiration
• Country of export
• Country of import
• Final recipient
• Description and
quantity of goods
• Country of transit,
where appropriate.
UN Programme of Action
Section II Art. 2, Art. 11 and
Art. 12
Requires provisions catering for
international transit of firearms.
Mention should be made of the
requirement for end-user
certificates.
Bamako Declaration Art. 3 A
(iii) (vii)
Recommends establishing as a
criminal offence the illegal
trafficking of small arms and light
weapons.
Requires that states take
appropriate measures to control
arms transfers by manufacturers,
suppliers, traders, brokers,
shipping and transit agents
22 THE LAW OF THE GUN: AN AUDIT OF FIREARMS CONTROL LEGISLATION

Import, export and transit

Marking

Analytical category International & regional agreements Current national legislative controls Conformity

What conditions SADC Firearms Protocol Art. 5 The national

pertain? (3) (g) legislation does not
Requires provisions for the conform to the
standardised marking and regional and
identification of firearms at the international
time of import or export. agreements.
Bamako Declaration Art. 3 A
(iv)
Recommends establishing at the
national level the responsible
management of licit arms.
SADC Firearms Protocol Art. 9
(1) and (2)
UN Firearms Protocol Art. 8
UN Programme of Action
Section II Art. 7 and Art. 8
The agreements require specific
provisions for a unique number
to be marked on the barrel,
frame or slide at the time of
import or manufacture. Such
information must permit
identification of country of
manufacture and manufacturer.
Require provision prohibiting the
manufacture, stockpiling, transfer
or possession of unmarked
weapons.

Import, export and transit

Restrictions

Analytical category International & regional agreements Current national legislative controls Conformity

Where, how and UN Firearms Protocol Art. 11 The national

what? (condi- Requires measures to detect, legislation does not
tions of carriage) prevent and eliminate the theft, conform to the
loss or diversion of, as well as relevant international
manufacturing of and trafficking and regional
in, firearms, their parts and agreements.
components and ammunition.
Includes measures to enhance
security and measures to
increase the effectiveness of
import, export and transit
controls.
ZIMBABWE 23

Import, export and transit

Record keeping

Analytical category International & regional agreements Current national legislative controls Conformity

What? submis- UN Programme of Action The national

sion to authori- Art 9 Recommends that legislation does not
ties? comprehensive and accurate conform to the UN
records are kept for as long as Programme of
possible on the manufacture, Action.
holding and transfer of small
arms and light weapons. These
records should be organized and
maintained in such a way as to
ensure that accurate information
can be promptly retrieved and
collated by competent national
authorities.

Import, export and transit

Special conditions

Analytical category International & regional agreements Current national legislative controls Conformity

Temporary
import, export?
dignitaries,
diplomats,
tourists?

Import, export and transit

Re-export provisions

Analytical category International & regional agreements Current national legislative controls Conformity

Import, export and transit

Offences / penalties

Analytical category International & regional agreements Current national legislative controls Conformity

UN Firearms Protocol Art. 5 (1) The national

(b + c) (2) (a - b) legislation does not
Requires provisions relating to conform to the
the illicit manufacturing and relevant international
trafficking in or interfering with and regional
markings for firearms and those agreements.
acting as accomplices or who
organise, direct, aid, abet,
facilitate or council the commis-
sion of such offences.
24 THE LAW OF THE GUN: AN AUDIT OF FIREARMS CONTROL LEGISLATION

Brokering

Description of brokering controls

Analytical category International & regional agreements Current national legislative controls Conformity

SADC Firearms Protocol Art. 5 The national

(3) (m) legislation does not
Bamako Declaration Art. 3 A conform to the
(vii) B (iv) relevant international
UN Firearms Protocol Art. 15 and regional
UN Programme of Action agreements, as no
Section II Art. 14 provision exists to
Requires adequate national regulate brokering.
legislation or administrative
procedures regulating the
activities of those who engage in
small arms and light weapons
brokering, including shipping and
transit agents. This should
include measures such as
registration of brokers, licensing
or authorization of brokering
transactions as well as the
appropriate penalties for all illicit
brokering activities performed
within the State’s jurisdiction and
control.
UN Firearms Protocol Art. 5 (2)
(a) and (b) and Art. 14
Requires provisions relating to
the illicit trafficking in firearms
and those acting as accomplices
or who organise, direct, aid, abet,
facilitate or council the commis-
sion of such offences.
Requires adequate legislation
regulating the activities of those
who engage in small arms and
light weapons brokering.

Brokering

Offences / penalties

Analytical category International & regional agreements Current national legislative controls Conformity

Manufacture

Licensing

Analytical category International & regional agreements Current national legislative controls Conformity

Description of SADC Firearms Protocol Art. 5 Firearms Act of 1957 The national
licensing (1) and (3) (e) Art. 10 (1) No person shall manufacture any legislation only
process Requires states to enact ammunition or any explosive component of partially conforms to
(Competency? legislation to establish as ammunition unless – the relevant
Duration of criminal offences the illicit (a) he is the holder of a written authority granted international and
licences? manufacturing of firearms, by the Controller and he complies with the regional agreements
Offence withhold ammunition and other related conditions of that authority; and - The provisions of
ZIMBABWE 25

Manufacture

Licensing

Analytical category International & regional agreements Current national legislative controls Conformity

information? materials. (b) he is the holder of such licences as may be the Firearms Act of
Specifications of Requires measures ensuring that required; by the Explosives Act [Chapter 10:08]. 1957 make
licence – proper controls are exercised (2) Any authority in terms of subsection (.1) may extensive provision
information to be over the manufacturing of limit the description and quantity of the ammuni- for the regulation of
included on firearms, ammunition and other tion or any explosive component of the ammuni- the manufacture of
licence? related materials. tion which may be manufactured under the firearms and
distinction Bamako Declaration Art. 3 A authority and may impose such other conditions ammunition.
between firearm (iii) relating to the manufacture, marking, handling, However, the details
and ammunition Recommends establishing as a storage and disposal of ammunition or any of the terms and
manufactur- criminal offence the illicit explosive component of ammunition, including conditions that will
ing,limits on manufacturing of small arms and conditions relating to the keeping of registers and apply are not
quantities light weapons. the rendering of returns, as the Controller may stipulated and
produced?) UN Firearms Protocol Art. 5 (1) consider desirable. therefore cannot be
+ (2) (3) The Controller may at any time, if he thinks fit, used as guidelines
Requires state parties to adopt revoke or vary any authority granted under when such authority
legislation and other measures subsection (1). is granted.
making the illicit manufacturing of (4) If any person contravenes subsection (1) or
firearms and ammunition a fails to comply with any conditions of an authority No provision is made
criminal offence. mentioned in that subsection, he shall be guilty of to further regulate
UN Programme of Action II Art. an offence and liable to a fine not exceeding one the details of
3 thousand dollars or to imprisonment for a period manufacturing. The
Recommends establishing as a not exceeding five years or to both such fine and legislation must
criminal offence the illegal such imprisonment. address issues such
manufacture of small arms and Art. 11 (1) No person shall manufacture any as the marking,
light weapons. firearm except proofing and record
(a) in a factory registered under section 10 of the keeping of manufac-
Factories and Works Act [Chapter 14:08]; and tured firearms need
(b) under a written authority granted by the to addressed.
Minister and in accordance with the conditions of
that authority.
(2) Any authority in terms of subsection (1) may
impose such conditions relating to the manufac-
ture, marking, handling, storage and disposal of
firearms, including conditions relating to the
keeping of registers and the rendering of returns,
as the Minister may consider desirable.
(3) The Minister may at any time, if he thinks fit,
revoke or vary any authority granted under
subsection (1).
(4) If any person contravenes subsection (1) or
fails to comply with any condition of an authority
mentioned in that subsection, he shall be guilty of
an offence and liable to a fine not exceeding one
thousand dollars or to imprisonment for a period
not exceeding five years or to both such fine and
such imprisonment.

Manufacture

Marking

Analytical category International & regional agreements Current national legislative controls Conformity

What conditions SADC Firearms Protocol Art. 5 Firearms Act of 1957 The national
pertain? (3) (g) Art. 10 Restrictions on manufacture of ammunition legislation partially
Requires provisions for the (1) No person shall manufacture any ammunition conforms to the
standardised marking and or any explosive component of ammunition relevant international
identification of firearms at the unless— and regional
time of manufacture. (a) he is the holder of a written authority granted agreements but does
Bamako Declaration Art. 3 A by the Controller and he complies with the not include provision
(iv) conditions of that authority; and for a unique,
26 THE LAW OF THE GUN: AN AUDIT OF FIREARMS CONTROL LEGISLATION

Manufacture

Marking

Analytical category International & regional agreements Current national legislative controls Conformity

Recommends establishing at the (b) he is the holder of such licences as may be standardised system
national level the responsible required by the Explosives Act [Chapter 10:08]. of marking.
management of licit arms. (2) Any authority in terms of subsection (1) may
SADC Firearms Protocol Art. 9 limit the description and quantity of the ammunition
(1) and (2) or any explosive component of the ammunition
UN Firearms Protocol Art. 6 (2) which may be manufactured under the authority
and 8 and may impose such other conditions relating to
UN Programme of Action the manufacture, marking, handling, storage and
Section II Art. 7 disposal of ammunition or any explosive compo-
The agreements require specific nent of ammunition, including conditions relating to
provisions for a unique number the keeping of registers and the rendering of
to be marked on the barrel, returns, as the Controller may consider desirable.
frame or slide at the time of (4) If any person contravenes subsection (1) or fails
manufacture or import. Such to comply with any conditions of an authority
information must permit mentioned in that subsection, he shall be guilty of an
identification of country of offence and liable to a fine not exceeding … dollars
manufacture and manufacturer. or to imprisonment for a period not exceeding five
years or to both such fine and such imprisonment.
Art. 11 Restrictions on manufacturing of firearms
(1) No person shall manufacture any firearm
except—
(a) in a factory registered under section 10 of the
Factories and Works Act [Chapter 14:08]; and
(b) under a written authority granted by the
Minister and in accordance with the conditions of
that authority.
(2) Any authority in terms of subsection (1) may
impose such conditions relating to the manufac-
ture, marking, handling, storage and disposal of
firearms, including conditions relating to the
keeping of registers and the rendering of returns,
as the Minister may consider desirable.
(4) If any person contravenes subsection (1) or
fails to comply with any condition of an authority
mentioned in that subsection, he shall be guilty of
an offence and liable to a fine not exceeding one
thousand dollars or to imprisonment for a period
not exceeding five years or to both such fine and
such imprisonment.

Manufacture

Record keeping

Analytical category International & regional agreements Current national legislative controls Conformity

What? submis- SADC Firearms Protocol Art. 5 Firearms Act of 1957 The national
sion to authori- (3) (e) and 9 (1) Art. 10 Restrictions on manufacture of ammunition legislation partially
ties? State parties are required to (2) Any authority in terms of subsection (1) may conforms to the
enact measures to ensure the limit the description and quantity of the ammunition relevant international
proper controls are exercised or any explosive component of the ammunition and regional
over firearms manufacturing. which may be manufactured under the authority agreements.
State Parties undertake to and may impose such other conditions relating to However, provision is
establish agreed systems to the manufacture, marking, handling, storage and not made for the
keep proper records of firearm disposal of ammunition or any explosive compo- maintenance of
markings. nent of ammunition, including conditions relating to records for up to ten
UN Programme of Action the keeping of registers and the rendering of years. There is also
Section II Art. 9 returns, as the Controller may consider desirable. no explicit provision
Requires ensuring that accurate Art. 11 Restrictions on manufacturing of firearms for the recording of
records are kept for as long as (2) Any authority in terms of subsection (1) may markings.
possible on the manufacture of impose such conditions relating to the manufac-
ZIMBABWE 27

Manufacture

Record keeping

Analytical category International & regional agreements Current national legislative controls Conformity

small arms and light weapons. ture, marking, handling, storage and disposal of
Records should be maintained firearms, including conditions relating to the
and organised to ensure keeping of registers and the rendering of returns,
accurate and prompt retrieval of as the Minister may consider desirable.
information.
UN Firearms Protocol Art. 7
Requires the maintenance of
records for not less than 10
years of information in relation to
firearms.

Manufacture

Premises

Analytical category International & regional agreements Current national legislative controls Conformity

Registration of UN Firearms Protocol Art. 11 The national

premises? Requires state parties to take legislation does not
conditions of appropriate measures to ensure conform to the
storage? the security of firearms, their relevant international
restrictions on parts and components and and regional
type / location? ammunition to prevent theft, loss agreements.
and diversion at the time of
manufacture.

Manufacture

Restrictions on sale / transfer

Analytical category International & regional agreements Current national legislative controls Conformity

To whom? what? Bamako Declaration Art. 3 A. Firearms Act of 1957 The national
conditions to be (vii) Art. 24 (1) Subject to subsection (7), it shall not legislation conforms
met? (document- Requires that states take be lawful for any person other than a person in to the relevant
ation and appropriate measures to control the service of the State in his capacity as such or international and
reporting?) arms transfers by manufacturers, a person authorized in writing in that behalf by regional agree-
suppliers, traders, brokers, the Minister or a person of a class for the time ments.
shipping and transit agents being authorized in that behalf by the Minister, by
notice in a statutory instrument, to sell, transfer,
purchase, acquire or have in his possession
(a) any firearm which is so designed or adapted
that if pressure is applied to the trigger missiles
continue to be discharged until pressure is
removed from the trigger or the magazine
containing the missiles is empty; or
(b) any weapon of whatever description designed
or adapted for the discharge of any noxious
liquid, gas or similar thing; or
(c) any ammunition containing or designed or
adapted to contain any such noxious thing;
(d) any firearm or ammunition specified or any
firearm or ammunition of a class or type specified
by the Minister, by notice in a statutory instru-
ment; or
(e) any silencing device for a firearm.
28 THE LAW OF THE GUN: AN AUDIT OF FIREARMS CONTROL LEGISLATION

Manufacture

Quality control / standards

Analytical category International & regional agreements Current national legislative controls Conformity

Manufacture

Gunsmiths

Analytical category International & regional agreements Current national legislative controls Conformity

Conditions /
controls relating
to repair and
modification
(cross reference
to deactivation
controls)

Manufacture

Offences / penalties

Analytical category International & regional agreements Current national legislative controls Conformity

SADC Firearms Protocol Art. 5 Firearms Act of 1957 The national

(1) Art. 24 (2) If any person contravenes subsection legislation conforms
Requires state parties to enact (1) he shall be guilty of an offence and liable to a to the relevant
legislation and take other fine not exceeding one thousand dollars or to international and
measures to establish as a imprisonment for a period not exceeding five regional agree-
criminal offence under national years or to both such fine and such imprison- ments.
law the illicit manufacturing of ment.
firearms, ammunition and other
related materials.
UN Firearms Protocol Art. 5 (2)
(a) and (b)
Stipulates including provisions
relating to the illicit manufactur-
ing and trafficking in or interfering
with markings for firearms and
those acting as accomplices or
who organise, direct, aid, abet,
facilitate or council the commis-
sion of such offences.
Bamako Declaration Art 3 A
(iii)
Requires state parties to adopt
legislative and other measures to
establish as a criminal offence
under national law, the illicit
manufacturing of small arms and
light weapons.
ZIMBABWE 29

Trade

Licensing

Analytical category International & regional agreements Current national legislative controls Conformity

Description of SADC Firearms Protocol Art. 5 Firearms Act of 1957 The national
licensing (3) (f) Art. 14 (1) Subject to this section, no person shall, legislation conforms
process Requires state parties to enact by way of trade or business to the relevant
(Competency? legislation promoting legal (a) sell, transfer, repair, test or prove; or international
Duration of uniformity and minimum (b) accept for sale or transfer or have in his agreements.
licences? standards in the transfer of possession for sale, transfer, repair, test or proof;
Offence withhold firearms. any firearm or ammunition unless he is registered
information? Bamako Declaration Art. 3 A under this Act as a firearms dealer:
Specifications of (vii) Art. 15 (1) The Controller shall keep in the
licence – Recommends that Member prescribed form a register of firearms dealers and
information to be States should take appropriate shall enter therein the names of those persons
included on measures to control arms who are registered to carry on business as
licence? limits on transfers by traders. firearms dealers.
quantities UN Programme of Action II Art. (2) A person who intends to carry on business as
traded?) 3 a firearms dealer shall apply to the Controller for
Recommends establishing as a registration and shall
criminal offence the illegal trade (a) furnish him with such particulars as are
in small arms and light weapons. prescribed; and
(b) submit with such application an application in
terms of section seventeen for the registration of
the place or places where he proposes to carry
on such business.
(3) The Controller shall register a person who has
made an application in terms of subsection (2)
unless -
(a) the applicant is prohibited by order of a court
under section twenty from being registered; or
(b) he is satisfied that
(i) the applicant cannot be permitted to carry on
-
business as a firearms dealer without danger to
the public safety or to the peace; or
(ii) the premises in which the applicant proposes
to carry on business as a firearms dealer are not
suitable or reasonably safe for the keeping of
firearms and ammunition.
(4) The Controller may, when registering a
person in terms of subsection (3), impose such
conditions as he may think fit relating to the type
and quantity of firearms and ammunition the
person may deal in.
(5) On the registration of an applicant as a
firearms dealer and thereafter annually, on the
anniversary of the registration, there shall be
payable such fee, not exceeding one hundred
dollars, as may be prescribed.

Trade

Marking

Analytical category International & regional agreements Current national legislative controls Conformity

What conditions
pertain?
30 THE LAW OF THE GUN: AN AUDIT OF FIREARMS CONTROL LEGISLATION

Trade

Record keeping

Analytical category International & regional agreements Current national legislative controls Conformity

What? submis- Bamako Declaration Art. 3 (vii) Firearms Act of 1957 The national
sion to authori- Recommends that member Art. 15 Registration of firearms dealers legislation partially
ties? states should take appropriate (1) The Controller shall keep in the prescribed form conforms to the
measures to control arms a register of firearms dealers and shall enter relevant international
transfers by traders. therein the names of those persons who are and regional
UN Firearms Protocol Art 7 registered to carry on business as firearms agreements although
Requires the maintenance of dealers. no explicit provision
records for not less than 10 Art. 19 Register of transactions for firearms and is made for the
years of information in relation to ammunition maintenance of
firearms. (1) Any person who, by way of trade or business, records for not less
deals in, sells or transfers firearms or ammunition than ten years.
shall provide and keep a register of transactions in
the prescribed form and shall enter or cause to be
entered therein such particulars as may be
prescribed.
(2) Any such entry shall be made within twenty-
four hours after the transaction to which it relates
took place and, in the case of a sale or transfer,
the person referred to in subsection (1) shall, at
the time of the transaction, require the purchaser
or transferee to furnish particulars sufficient for
identification, and shall immediately enter the said
particulars in the register.
(3) Any person referred to in subsection (1) shall,
on demand, allow any police officer to enter and
inspect all stock in hand, and shall on request by
any such police officer produce for inspection the
register required to be kept in terms of subsection
(1).
(4) When any person who has been required by
subsection (1) to keep a register ceases for any
reason to carry on the trade or business con-
cerned, he shall, within one month of ceasing to
carry on that trade or business, surrender the
register kept by him in terms of subsection (1) to
the Controller.
(5) If any person—
(a) fails to comply with this section;
(b) knowingly makes any false entry in a register
required to be kept under this section; or
(c) knowingly furnishes any false particular of
identification of himself or any other person;
he shall be guilty of an offence and liable to a fine
not exceeding one thousand dollars or to impris-
onment for a period not exceeding five years or to
both such fine and such imprisonment.

Trade

Premises

Analytical category International & regional agreements Current national legislative controls Conformity

Registration of
premises?
conditions of
storage?
restrictions on
type / location?
ZIMBABWE 31

Trade

Restrictions on sale / transfer

Analytical category International & regional agreements Current national legislative controls Conformity

To whom? what? Bamako Declaration Art. 3 A. Firearms Act of 1957 The national
conditions to be (vii) Art. 14 (1) Subject to this section, no person shall, legislation conforms
met? (document- Requires that states take by way of trade or business to the Bamako
ation and appropriate measures to control (a) sell, transfer, repair, test or prove; or Declaration.
reporting?) arms transfers by manufacturers, (b) accept for sale or transfer or have in his
suppliers, traders, brokers, possession for sale, transfer, repair, test or proof;
shipping and transit agents any firearm or ammunition unless he is registered
under this Act as a firearms dealer:

Trade

Quality control / standards

Analytical category International & regional agreements Current national legislative controls Conformity

Trade

Pawning / pledging restrictions

Analytical category International & regional agreements Current national legislative controls Conformity

SADC Firearms Protocol Art 5 The national

(3) (k) legislation does not
Stipulates the prohibition of conform to the
pawning and pledging relevant international
and regional
agreements.

Trade

Transfer and possession restrictions

Analytical category International & regional agreements Current national legislative controls Conformity

Restrictions /
special
conditions for
business
purposes?
32 THE LAW OF THE GUN: AN AUDIT OF FIREARMS CONTROL LEGISLATION

Trade

Offences / penalties

Analytical category International & regional agreements Current national legislative controls Conformity

UN Firearms Protocol Art. 5 (1) Firearms Act of 1957 The national

(b) and 5 (2) (a) and (b) Art. 24 (2) If any person contravenes subsection legislation does not
Requires state parties to adopt (1) he shall be guilty of an offence and liable to a fully conform to the
legislative and other measures to fine not exceeding one thousand dollars or to relevant international
establish as a criminal offence imprisonment for a period not exceeding five and regional
the illicit trafficking in firearms. years or to both such fine and such imprison- agreements.
Requires provisions relating to ment.
the illicit manufacturing and
trafficking in or interfering with
markings for firearms and those
acting as accomplices or who
organise, direct, aid, abet,
facilitate or council the commis-
sion of such offences.

Seizure, disposal and enforcement

Seizure, confiscation, forfeiture

Analytical category International & regional agreements Current national legislative controls Conformity

Description of SADC Firearms Protocol Art. 5 Firearms Act of 1957 The national
controls / (3) (h) Art. 32 (1) If a magistrate or justice of the peace legislation conforms
provisions Requires provisions on seizure, is satisfied, on information given on oath, that to the relevant
confiscation and forfeiture to the there are reasonable grounds for suspecting that international and
State of all firearms, ammunition an offence under this Act has been, is being or is regional agree-
and other related materials about to be committed, he may grant a search ments.
manufactured or conveyed in warrant authorizing any police officer named
transit without or in contravention therein
of licences, permits, or written (a) to enter at any time any premises or place
authority. named in the warrant, if necessary by force, and
UN Firearms Protocol Art. 6 (1) to search the premises and place and every
Requires state parties to adopt person found therein; and
measures to enable the (b) to seize and detain any firearm or ammunition
confiscation of firearms that have which he may find- on the premises or place or
been illicitly manufactured or on any such person in respect of which or in
trafficked. connection with which he has reasonable
grounds for suspecting that an offence under this
Act has been, is being or is about to be commit-
ted; and
(c) if the premises are those of a registered
firearms dealer, to examine any books relating to
the business.
(2) The police officer making the search may
arrest without warrant any person found on the
premises whom he has reason to believe to be
guilty of an offence under this Act.
(3) A magistrate’s court may, on the application
of a police officer, order any firearm or ammuni-
tion seized and detained by a police officer under
this Act to be destroyed or otherwise disposed of.
Art. 31 (1) Where any person is convicted of an
offence under this Act, the court by which he is
convicted may make such order as to the
forfeiture or disposal of any or all firearms or
ammunition found in his possession as the court
thinks fit, and may cancel any or all firearm
certificates held by the person convicted.
Art. 20 Where a registered firearms dealer is
convicted of an offence under this Act or of an
offence under any law in respect of the import or
ZIMBABWE 33

Seizure, disposal and enforcement

Seizure, confiscation, forfeiture

Analytical category International & regional agreements Current national legislative controls Conformity

export of firearms or ammunition, the court may

order
(d) that any stock in hand of the business shall
be disposed of by sale or otherwise in accor-
dance with such directions as may be contained
in the order:
Art. 12 (1) Any police officer may demand from
any person whom he believes to be in posses-
sion of a firearm or ammunition his name and
address and the production of his firearm
certificate relating thereto.
Art. 13 (1) Any police officer may demand from
any person who holds a firearm, certificate or a
permit under subsection (21) of section eight the
production of any firearm or ammunition to which
such certificate or permit relates at such time and
place as such officer may specify for his own
inspection or for the inspection of such other
police officer as he may specify.
Art. 34 Any police officer and additionally, or
alternatively, any other person authorized by the
Minister for the purpose may at any time enter
and inspect any premises used for
(a) the storage of ammunition or firearms; or
(b) the storage of raw materials or component
parts used in the manufacture of ammunition or
firearms; or
(c) the manufacture of ammunition, any explosive
component of ammunition or any firearm; and
may require any person appearing to be in
control of, or employed on, such premises to give
him such information as he may require in order
to ascertain whether section ten. or eleven or the
conditions of any authority granted under either
of these sections are being complied with.

Seizure, disposal and enforcement

Disposal and destruction

Analytical category International & regional agreements Current national legislative controls Conformity

Description of SADC Firearms Protocol Art. Firearms Act of 1957 The national
controls / 11 (1) Art. 20 Where a registered firearms dealer is legislation does not
provisions UN Programme of Action convicted of an offence under this Act or of an fully conform to the
Section II Art. 16 offence under any law in respect of the import or relevant international
UN Firearms Protocol Art. 6 (2) export of firearms or ammunition, the court may and regional
Specify the need for provisions to order agreements.
ensure the destruction of (d) that any stock in hand of the business shall
confiscated, seized or collected be disposed of by sale or otherwise in accor-
firearms where no other form of dance with such directions as may be contained
disposition or use has been in the order:
officially sanctioned. Art. 31 (1) Where any person is convicted of an
If firearms are destroyed or offence under this Act, the court by which he is
disposed of, the methods of convicted may make such order as to the
disposal of those firearms and forfeiture or disposal of any or all firearms or
ammo have to be recorded. ammunition found in his possession as the court
Bamako Declaration Art. 3 A thinks fit, and may cancel any or all firearm
(iv) certificates held by the person convicted.
Recommends that Member Art. 32 (3) A magistrate’s court may, on the
States should develop and application of a police officer, order any firearm
34 THE LAW OF THE GUN: AN AUDIT OF FIREARMS CONTROL LEGISLATION

Seizure, disposal and enforcement

Disposal and destruction

Analytical category International & regional agreements Current national legislative controls Conformity

implement programmes for the or ammunition seized and detained by a police

identification and destruction of officer under this Act to be destroyed or other-
surplus, obsolete and seized wise disposed of.
stocks.

Seizure, disposal and enforcement

Deactivation

Analytical category International & regional agreements Current national legislative controls Conformity

Description of UN Firearms Protocol Art. 9 The national

controls / Specifies the need for provisions legislation does not
provisions relating to deactivated firearms conform to the UN
and for making it an offence to Firearms Protocol.
reactivate previously deactivated
firearms or provisions for issuing
of a certificate of deactivation or
the stamping of marks to that
effect.

Seizure, disposal and enforcement

Inspection / enforcement

Analytical category International & regional agreements Current national legislative controls Conformity

Description of SADC Firearms Protocol Art. 5 Firearms Act of 1957 The national
controls / (3) (j) Art. 12 (1) Any police officer may demand from legislation conforms
provisions Requires the monitoring and any person whom he believes to be in posses- to the SADC
auditing of licences held in a sion of a firearm or ammunition his name and Firearms Protocol.
person’s possession. address and the production of his firearm
certificate relating thereto.
Art. 13 (1) Any police officer may demand from
any person who holds a firearm, certificate or a
permit under subsection (21) of section eight the
production of any firearm or ammunition to which
such certificate or permit relates at such time and
place as such officer may specify for his own
inspection or for the inspection of such other
police officer as he may specify.
Art. 32 (1) If a magistrate or justice of the peace
is satisfied, on information given on oath, that
there are reasonable grounds for suspecting that
an offence under this Act has been, is being or is
about to be committed, he may grant a search
warrant authorizing any police officer named
therein
(a) to enter at any time any premises or place
named in the warrant, if necessary by force, and
to search the premises and place and every
person found therein; and
(b) to seize and detain any firearm or ammunition
which he may find- on the premises or place or
on any such person in respect of which or in
ZIMBABWE 35

Seizure, disposal and enforcement

Inspection / enforcement

Analytical category International & regional agreements Current national legislative controls Conformity

connection with which he has reasonable

grounds for suspecting that an offence under this
Act has been, is being or is about to be commit-
ted; and
(c) if the premises are those of a registered
firearms dealer, to examine any books relating to
the business.
Art. 34 Any police officer and additionally, or
alternatively, any other person authorized by the
Minister for the purpose may at any time enter
and inspect any premises used for
(a) the storage of ammunition or firearms; or
(b) the storage of raw materials or component
parts used in the manufacture of ammunition or
firearms; or
(c) the manufacture of ammunition, any explosive
component of ammunition or any firearm; and
may require any person appearing to be in
control of, or employed on, such premises to give
him such information as he may require in order
to ascertain whether section ten. or eleven or the
conditions of any authority granted under either
of these sections are being complied with.

Seizure, disposal and enforcement

Offences / penalties

Analytical category International & regional agreements Current national legislative controls Conformity

Arms embargoes

Overview

Analytical category International & regional agreements Current national legislative controls Conformity

Relevant SADC Firearms Protocol Art. 5 The national

provisions (2) legislation does not
Requires specific provision to conform to the
sanction the violation of UN relevant international
Security Council arms embar- and regional
goes. agreements in as
Bamako Declaration Art. 3 A such as no provision
(vi) is made to make the
UN Programme of Action contravention of an
Section II Art. 15 arms embargo a
Requires measures against any criminal offence.
activity that violates UN Security
Council arms embargoes.
36 THE LAW OF THE GUN: AN AUDIT OF FIREARMS CONTROL LEGISLATION

Arms embargoes

Offences / penalties

Analytical category International & regional agreements Current national legislative controls Conformity

State-owned firearms

Overview

Analytical category International & regional agreements Current national legislative controls Conformity

UN Programme of Action The national

Section II Art. 17 legislation does not
Requires controls relating to the conform to the
management and security of relevant international
state stocks including: and regional
• Appropriate locations for agreements.
stockpiles
• Physical security measures
• Control of access to stocks
• Inventory management and
accounting control
• Staff training
• Security accounting and
control of firearms relating to
operation units
• Controls on theft and loss.

State-owned firearms

Possession and use by state employees

Analytical category International & regional agreements Current national legislative controls Conformity

Licensing
requirements?
special
conditions?
controls?
ZIMBABWE 37

State-owned firearms

Record keeping

Analytical category International & regional agreements Current national legislative controls Conformity

UN Programme of Action The national

Section II Art. 10 legislation does not
Requires provision to ensure conform to the
responsibility for weapons held relevant international
and issued by the state and and regional
effective measures for tracing agreements.
such weapons.
SADC Firearms Protocol Art. 8
(a)
Provides for the state to establish
and maintain complete national
inventories of firearms, ammuni-
tion and other related materials
held by security forces and other
state bodies.

State-owned firearms

Storage

Analytical category International & regional agreements Current national legislative controls Conformity

Stockpile SADC Firearms Protocol Art. 8 The national

management (b) legislation does not
Stipulates the enhancement of conform to the
capacity to manage and maintain relevant international
secure storage of state-owned and regional
firearms. agreements.
UN Programme of Action
Section II Art. 17 and 18
Stipulates the need for provisions
relating to the management,
security and review of state-held
stocks. These standards and
procedures, inter alia, relate to:
appropriate locations for
stockpiles, physical security
measures, control of access to
stocks, inventory management
and accounting control.
38 THE LAW OF THE GUN: AN AUDIT OF FIREARMS CONTROL LEGISLATION

State-owned firearms

Import, export, transfer, transit

Analytical category International & regional agreements Current national legislative controls Conformity

Controls over UN Firearms Protocol Art. 8 (c) The national

import, export, Requires provision for the unique legislation does not
transfer, transit marking of firearms when conform to the
(of state-owned transferred from government relevant international
firearms) stocks to permanent civilian use. and regional
agreements.

State-owned firearms

Disposal / destruction

Analytical category International & regional agreements Current national legislative controls Conformity

Surpluses, SADC Firearms Protocol Art 10 The national

including (1) legislation does not
redundant, Bamako Declaration Art. 3 A conform to the
obsolete, seized (iv) relevant international
and collected UN Programme of Action and regional
firearms in state Section II Art. 16 and 18 agreements.
possession Provide that all confiscated,
seized or collected SALW are
destroyed subject to any legal
constraints.
Stipulates the need for provisions
to regularly review state held
stocks, to identify surpluses and
have procedures in place for the
responsible disposal, preferably
through destruction of such
surpluses.
 This report is part of Saferworld’s Arms and Security Programme
and a project of SaferAfrica’s Arms Unit. An earlier draft of this
report was presented at a seminar in Brussels in November 2002
entitled: ‘Advancing implementation of the SADC Firearms
Protocol: Deepening SADC-EU Co-operation’.

SaferAfrica is a not-for-profit organisation that assists

governments and civil society to implement agreed policy on
peace and security. Its headquarters are in Pretoria, South Africa.

Saferworld is an independent foreign affairs think tank, based

in London, UK, working to identify, develop and publicise more
effective approaches to tackling and preventing armed conflicts.

SaferAfrica Saferworld
Trelawney House 46 Grosvenor Gardens
173 Beckett Street London SW1W 0EB
Arcadia, Pretoria 0083 UK
South Africa Phone: +44 (0)20 7881 9290
Phone: +27 12 481 6200 Fax: +44 (0)20 7881 9291
Fax: +27 12 344 6708 Email: [email protected]
Email: [email protected] Web: www.saferworld.org.uk
Web: www.saferafrica.org

ISBN 0 948546 93 X