Despite laws governing fireworks in South Africa, licensed wholesale dealers abuse the system and illegally sell fireworks to hawkers.
Superintendent Jurie van Staden, of the office of the chief inspector of explosives in the South African Police Service (SAPS), says in December last year his office became aware of some licensed wholesale dealers selling fireworks to unlicensed traders.
“Street hawkers easily get access to fireworks by purchasing a limited quantity for [their] own use from a retail dealer, and then illegally sell it to passers-by,” he says.
Van Staden says that even though the quantity of fireworks imported into South Africa is dropping, it’s unclear how many illegal fireworks are imported each year.
China is one of South Africa’s biggest sources of fireworks, with 55 consignments imported in 2005 — roughly almost four million kilograms of fireworks. This figure dropped by more than 400 000kg compared with the previous year.
Fireworks are controlled by the SAPS in terms of the Explosives Act of 1956. However, in 2003 President Thabo Mbeki approved a new Explosives Act, which will only come into effect after the approval of new explosives regulations — still in draft format.
Van Staden believes that much more can be done to improve fireworks control in South Africa.
“With the new legislation we intend to limit consumer fireworks [for public use] to more safe and sane and less noisy items,” he says. “Improved control at fireworks importers will ensure that only approved items will be available to the general public. More severe legal measures and penalties will act as a deterrent to sell fireworks illegally.”
People who contravene the Explosives Act and its regulations can be charged and have their stock confiscated. After a fine is paid, the confiscated fireworks are usually returned to the owner because it is not an offence to possess fireworks.
There are only 13 licensed wholesale dealers and 13 firework importers registered with the SAPS explosives unit. Importers supply the wholesalers, who unpack the fireworks and sell it to a retailer — which is what we see on display in stores, says Van Staden.
‘Safe and sane’
Lynn Kennedy, of the Pyrotechnic Guild of Southern Africa, says: “There are two distinct groups of fireworks. One is for consumers and the other is for licensed, qualified pyro-technicians, who are registered and known to the chief inspector of explosives.
“I am of the opinion that only fireworks that are ‘safe and sane’ should be made available to the general public. In other words, fireworks that are pretty and that do not make a loud noise. No one objects to sparklers, Christmas crackers or items that just sparkle.
“Some fireworks that have been imported have not been subjected to strict quality control — with the result that they do not always perform in the same way.”
Kennedy says: “Items like man crackers, cherry bombs, match crackers, Indian kings and so on do not comply with the law, in my opinion, and do explode violently. They should never have and still should not be made available to Joe Public.”
Crackers consist mainly of black or flash powder that is wrapped in paper and initiated by a fuse. Not only are they dangerous, but many animals are petrified by the noise that crackers make and some are seriously injured during religious holidays and the festive season.
Chief Superintendent Wayne Minnaar, spokesperson for the Johannesburg metro police, says Johannesburg’s city by-laws only allow the public to burst fireworks on 10 holidays during the year. These include Guy Fawkes, New Year’s Eve, Christmas Eve, Diwali and the Chinese New Year. “People then cannot complain,” he says.
However, fireworks can still be lit throughout the year. “If it causes a disturbance, then it’s contravening the by-law,” says Minnaar.
Firework licenses
A dealer who is selling fireworks must apply in writing to the chief inspector of explosives for a licence to deal in fireworks. All applications must be recommended by the local inspector of explosives from the SAPS explosives unit before the licence is issued in Pretoria. The local fire department must also inspect the premises for compliance with basic fire-safety requirements.
An application form for a dealer’s licence is available upon request from the SAPS explosives unit in Pretoria. The dealer’s licence for fireworks is issued free of charge and remains valid for as long as the applicant does business on the licensed premises.
Not all applications are approved. Malcolm Midgley, spokesperson for the Johannesburg emergency services, says the fire department only approves an application if the premises have a lock-up glass display cabinet and fire extinguishers depending on the size of the premises.
Some reasons for disapproval of a fireworks licence are lack of safe storage space or facilities, non-compliance with fire-safety regulations or an inability of applicants to communicate with clients about the legal requirements of fireworks — for example, people who can’t speak or read English.
Fireworks are also regulated in workplaces by the Department of Labour in terms the Occupational Health and Safety Act and by the Department of Minerals and Energy at mines, in terms of the Mine Health and Safety Act.
In the meantime, despite all these regulations, animal rights activists distressed by the use of fireworks during the festive season and religious holidays will have to wait at least another year until the new Explosives Act is passed to curb their use.