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DPP’S OFFICE ISSUES INSTRUCTION ON ILLEGAL GUNS

20/03/2023 08:36:00 Mbongiseni Ndzimandze

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MBABANE - In line with the King’s call to silence the guns, prosecutors have been instructed to argue for custodial sentences against those arrested for being found in possession of illegal firearms.

The Office of the Director of Public Prosecutions (DPP), had reportedly issued a directive, instructing prosecutors to ‘fight’ for custodial sentences against those who were arrested and charged for contravening the Arms and Ammunition Act. The prosecutors were reportedly informed that this move was meant to curb the increasing number of guns, which ended up in the wrong hands and subsequently used for criminal activities. Presently, people arrested for being found in unlawful possession of firearms and live rounds of ammunition are afforded an option of a fine.

Sentenced

Mostly, they are sentenced to five years imprisonment and afforded an option of a fine, which is usually fixed at E5 000. It is said that the Acting DPP, Lomvula Hlophe, impressed upon the prosecutors that they should argue for custodial sentences instead of just accepting the plea when the accused person pleaded guilty. Previously, upon entering a plea of guilty, the prosecutors would not lead evidence against that accused and this resulted in the courts sentencing the accused persons as per his or her own plea and consequently, affording him or her an option of a fine. According to the Act, the court can impose both.

Firearms

The latest development means that those who would be found in possession of illegal firearms, would be, upon arrest, also have the task of convincing the court why it should not impose a custodial sentence as per the entreat by the Crown. The penalty for such an offence is stipulated in Section 14 (2) of the same Act, to be imprisonment for a period not less than five years or a fine not less than E5 000. The maximum sentence is 20 years and a fine not exceeding E20 000, irrespective of whether the accused is a first-time or subsequent offender. Notably, there is plethora of past judgments, where custodial sentences were imposed on accused persons who were found in possession of illegal firearms. Meanwhile, a legal expert said the custodial sentences on those who were found in unlawful possession of firearms, would serve as a deterrent to other would-be offenders.

He said illegal firearms were all over the country and it was the duty of the police and prosecution to put this to an end. “This is a good move as, clearly many guns are in the wrong hands and when people know that they might face custodial sentences, they will surely desist from buying unlawful firearms. This is a step in the right direction,” said the legal expert, who preferred to remain anonymous. When sought for comment, Acting DPP Hlophe declined to comment, saying this was an administrative issue.

Meanwhile, in December last year, National Commissioner (natcom) of Police William Dlamini, indicated that crime trends in the country indicated that, currently there were many illicit firearms held in the wrong hands and were being used to terrorise emaSwati through various crimes. During that time, the NATCOM further indicated that they recorded 100 cases of illegal possession of firearms, which was a huge jump when compared to the past year. Cases of illegal firearms have gone up by 92 per cent since 2021. He said they would continue intensifying their efforts through the staging of operations that would ensure that more arrests were made and illegal firearms were recovered.

Silence

On the issue of silencing the guns, Government Spokesperson Alpheous Nxumalo said the call to silence the guns by His Majesty King Mswati III was never directed to the national security forces, especially the police service. In a statement, Nxumalo, however, reiterated that the call from the throne was legitimate, urgent and imperative. “Government has noted with concern the obvious misinterpretation and application of the call to ‘silence the guns’. His Majesty King Mswati III’s call was inspired by the African Union’s Agenda 2063. It aspires to end wars and conflicts, prevent genocide and stop gender-based violence,” the spokesperson explained. Further, he stated that there was a need to categorically put things into perspective concerning the call from the King, which he made during the official opening of the Fifth Session of the 11th Parliament. “His Majesty King Mswati III’s call was inspired by the African Union’s Agenda 2063. It aspires to end wars and conflicts, prevent genocide and stop gender-based violence,” the spokesperson explained.

He added; “It seeks to free Africa from the many destructive effects of gun-related violence and armed conflicts by the year 2030. Primarily, guns that need to be and must be silenced are those which are illegitimately or illegally in the hands of people in the country. The call to silence the guns was never directed to the national security services, especially the police service,” Nxumalo said. Meanwhile, he made inferences that the call meant that the police could no longer legitimately use guns to protect themselves when being attacked by criminals and by other rowdy elements in society, which was not only mischievous but also plain naive. “There’s no politician or parliamentarian worth the honour, who does not know that police are permitted by law to use certain force when executing their duties, especially when they are being attacked or there is resistance to a lawful arrest. “Section 189 of the national Constitution, as read with the Police Service Act, mandates the police the duty to preserve peace and prevent crime. In the execution of such, they are empowered to carry firearms,” he clarified.

Symbols

Nxumalo went on to point out that the symbols of lapel pins, badges and emblems attached to the uniform of national security service officers were representative of the nation itself/people and the State. “They are the visible authority and power endowed upon the national security services. They are endowed upon them by the Constitution and by other subordinate legislative Acts. “That is the reason why the uniform of all national security services is protected State property. That is why a national security services officer, whether short or tall; male or female; black or white or anything in between, will stop a huge truck on the road by simply raising one hand,” he further explained. Also in the statement, Nxumalo specifically stated that anyone who attacked a uniformed officer of the State was good as having attacked the people of that country, the institutions of the country and the State itself.