Lawmakers passed The Explosives Bill 2023 into law, imposing a fine of Shs10Bn on a person found operating, manufacturing or trading in explosives like fireworks without being in possession of a license from Government.
While tabling The Explosives Bill, 2023, David Muhoozi, State Minister of State for Internal Affairs informed Parliament that the legislation seeks to repeal the 87 year old Explosives Act, Cap. 298 that was first enacted in 1936 and the new legislation is intended to provide for the establishment of a National Explosives Committee as well as impose restrictions on the manufacture, storage, use, dealing, import, export and transportation of explosives in Uganda.
“The Explosives Act Cap. 298 was enacted in 1936 to regulate the manufacture, storage, sale, transportation, importation, exportation and the use of explosives in Uganda. However, the Act has not been amended to address the developments in technology in the use, storage and manufacture of explosives. Currently, 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.,” noted Muhoozi.
In clause 14, of the Bill, Government proposed for the mandatory licensing of people interested in the manufacture of explosives and in clause 14(3) the bill stipulated; A person who establishes an explosives factory or manufacturing plant without a licence commits an offence and is liable, on conviction, to a fine not exceeding 500,000 currency points (Shs10Bn) or to imprisonment for life or both.
Government also in clause 16 proposed mandatory licensing to any person interested in the manufacture any category of authorised explosive unless the person is licensed to manufacture that category of explosives from an explosives factory or manufacturing plant.
The Ministry of Internal Affairs further proposed in clause 16(4) that; A person who manufactures any category of explosive without a licence commits an offence and is liable, on conviction, to a fine not exceeding 500,000 currency points equivalent to Shs10Bn or to imprisonment for life or both.
Although Government in clause 18(3) of the bill had proposed that a person who stores explosives in other place other than an explosives magazine licensed under this Act, or who establishes or operates an explosives magazine without a licence commits an offence and is liable, on conviction, to a fine not exceeding 50,000 currency points equivalent to Shs1Bn or to imprisonment for a term not exceeding ten years, Parliament however increased the penalty to Shs10Bn in order to make it deterrent enough.
Wilson Kajwengye, Chairperson Committee on Defence and Internal Affairs defended the tightening of the penalties stating, “Clause 18(3) is amended by substituting the words 50,000 currency points with the words 500,000 currency points and the justification for this is to make the provision more deterrent since the storage and operation of explosives and magazines in contravention of the safety standards causes a danger to the public.”
Parliament also passed clause 28 (3) into law, although the penalties for a person who possess, deals in, uses or sells explosives without a licence or permit commits an offence and is liable, on conviction, to a fine not exceeding 50,000 currency points (Shs1Bn) or to imprisonment for a term not exceeding ten years, or both, was increased to 500,000 currency points about Shs10Bn in order to make the punishment deterrent.
