Explosives Act, 2003 (Act No. 15 of 2003)Chapter 8 : Offences, Penalties, Jurisdiction and Appeals29. Penalties |
| (1) | Any person convicted of an contravention of or a failure to comply with— |
| (a) | section 22(2), is liable to imprisonment for a period not exceeding 25 years; |
| (b) | section 11(1) or (2), 13(1) , 14(1), (2) or (3), 15(1) or 17 is liable, in the case of— |
| (i_ | first offender, to imprisonment for a period not exceeding 15 years; |
| (ii) | second offender, to imprisonment for a period not exceeding 20 years; and |
| (iii) | third or subsequent offender, to imprisonment for a period not exceeding 25 years; |
| (c) | section 22(3) or (4), where the— |
| (i) | act or omission is wilful and death does not result therefrom, is liable to a fine or imprisonment for a period not exceeding 15 years or to both a fine and such imprisonment; |
| (ii) | explosion is caused by a negligent act or omission and death results, is liable to a fine or to imprisonment for a period not exceeding 10 years or to both a fine and such imprisonment; |
| (iii) | explosion is caused by a negligent act or omission and property or life is endangered, is liable to a fine or to imprisonment for a period not exceeding five years or to both a fine and such imprisonment; |
| (d) | section 10(1), (2), (3), (4), or (5), 16 or 28(4) or (5) is liable to imprisonment for a period not exceeding 15 years; |
| (e) | section 19 or 28(3) is liable to imprisonment for a period not exceeding 10 years; |
| (f) | section 8(1), 12(1) or (2), 18(1) or (2), 20(1), 21(1), 26(1) or (2), 27(1) or 28(2)(a), (b), (c) or (d); is liable to a fine or to imprisonment for a period not exceeding five years or to both a fine and such imprisonment. |
| (2) | A court sentencing a person in terms of subsection (1) may declare— |
| (a) | any explosives in respect of which the offence was committed to be forfeited to the State and may make any order with regard to the safekeeping and destruction of the explosives, including an order for payment of the cost of safekeeping and destruction as the court may deem fit; and |
| (b) | any vehicle or instrument used for the purposes of or in connection with the commission of the offence to be forfeited to the State. |
| (3) | Section 35 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), applies with the necessary changes to any forfeiture and disposal in terms of this section. |