DPP’s Office issues instruction
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
Acting Director of Public Prosecutions Lomvula Hlophe, who is said to have issued the instruction pertaining to the issue of illegal possession of firearms and dagga. 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