The Ministry of Internal Affairs has asked Parliament to impose a fine of Shs10Bn to anyone found manufacturing, operating fireworks without a license.
The proposal is contained in the Explosive Bill 2023 that was tabled by Minister of State for Internal Affairs, David Muhoozi, who revealed that the Bill is intended to repeal the Explosives Act, Cap. 298, to provide for restrictions on the manufacture, storage, use, dealing, import, export and transportation of explosives.
According to Minister Muhoozi, The Explosives Act Cap. 298 was first enacted in 1936 and 87 years down the road, the Act has not been amended to address the developments in technology in the use, storage and manufacture of explosives and the misuse of explosives is largely caused by the inadequate provisions in the Explosives Act Cap. 298 which pose a security threat to the country.
“The absence of major reforms in the existing law on explosives has made it difficult to regulate the use, storage and manufacture of explosives resulting into unauthorised access to explosives,” read in part the bill.
Government in clause 3 proposes on how the legislation will be applied stipulating; “This Act applies to authorised explosives used for commercial purposes including explosives for use in the mining sector, and the construction and entertainment industry.” For the entertainment industry, the common use of fireworks is fireworks.
The Ministry of Internal Affairs is proposing to have security agencies like Police and Army exempted from the importation, exportation, storage, use, manufacture or transportation of explosives used in warfare by a security agency.
Further, Government in clause 3(b) is also proposing to have the importation, exportation, storage, use, manufacture or transportation of explosives by a defence force or police force of any country or any multinational or international defence force or policing agency used in warfare exempted from the applicability of the bill.
In clause 16, Government is seeking to outlaw the manufacture of explosives by barring any person from the manufacture of any category of authorised explosive unless the person is licensed to manufacture that category of explosives from an explosives factory or manufacturing plant licensed by the Minister under this Act.
Clause 16(4) stipulates; “A person who manufactures any category of explosive without a license commits an offence and is liable, on conviction, to a fine not exceeding five hundred thousand currency points Shs10Bn or to imprisonment for life or both.”
Government further in clause 14 is seeking to regulate the establishment of explosives factory stipulating; A person shall not establish or operate an explosives factory or manufacturing plant unless the person is licenced by the Minister, on the recommendation of the committee, to establish or operate an explosives factory or manufacturing plant.
In seeking to insert control on use of explosives in Uganda stipulating in clause 14(2) that a person shall not be licenced to establish or operate an explosives factory or manufacturing plant unless the explosives factory or manufacturing plant is owned by a government entity or partly owned by a government entity, with the government entity having the majority shares and the controlling interest.
Government in clause 14 (3) is seeking to outlaw illegal establishment of an explosives factory or manufacturing plant without a licence commits an offence and is liable, on conviction, to a fine not exceeding five hundred thousand currency points about Shs10Bn or to imprisonment for life.
However, the provision on the establishment of an explosive factory by proposing in clause 14(4) by exempting explosives factory or a manufacturing plants in existence before the coming into force of this Act, operating under a Joint venture with a government entity, until the joint venture agreement lapses
In clauses 31 and 35 is prohibiting the importation, exportation and blasting of explosives without the requisite certificates issued by the Chief Explosives Inspector and have such a person held liable, on conviction, to a fine not exceeding fifty thousand currency points (Shs10Bn) or to imprisonment for a term not exceeding ten years, or both.
The Explosives Bill 2023 proposed the establishment of a National Explosives Committee which shall be responsible for implementing the provisions of this Act.
Deputy Speaker, Thomas Tayebwas referred the bill to the Internal Affairs Committee for scrutiny before a final decision on the proposal is taken by Parliament.
