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Originating from the region’s mining and construction industries, explosives are used for illegal mining and robberies.
First published by ISS today
On the morning of June 3, 2020, in Krugersdorp, west of downtown Johannesburg, a gray Mercedes-Benz crossed the path of a cash transit van. After the truck skidded to a stop, an explosion sent pieces of the vehicle and hundreds of banknotes into the air. In the chaos that followed, the thieves escaped as passersby scrambled to search for the notes they had left.
Soon after, the police condemned the incident and reminded civilians that it is a crime to collect money after a cash robbery in transit. More importantly, the public seemed oblivious to the deadly risks of what had occurred. The explosion was controlled but poorly executed, with too many explosives used. These types of devices were undoubtedly obtained illegally through smuggling or theft.
Smuggling of explosives has become a growing problem in South Africa and the southern African region. Originating from the mining and construction industries in the region, the explosives find their way across the South African border. They are used by illegal miners and organized criminals in attacks on armored vehicles carrying large amounts of cash, as well as in attacks against ATMs.
Reports have identified large quantities of explosives smuggled from Zimbabwe and intercepted by authorities at the border of the Beit bridge. These explosives, which are sourced on the country’s black market, are often used commercially in Zimbabwe’s mines. They are acquired by organized crime networks that smuggle them into South Africa. Explosives have also been stolen from mines in South Africa for criminal purposes.
In South Africa, explosives are regulated by various laws: the Explosives Act 15 of 2003, the Mine Safety and Health Act of 1996, and the Occupational Safety and Health Act of 1993 and its regulations on explosives. Enforcing this legislation is the responsibility of the Department of Mineral Resources, the South African Police Service and the Department of Labor.
On paper, these laws and regulations are commendable, but the problem lies in their effective enforcement. The cooperation and collaboration that are essential in the partnership between the three responsible departments are often lacking in practice.
For example, different government officials are responsible for explosives safety at various stages. At the point of manufacture, the labor department must ensure that the Occupational Health and Safety Act is complied with at the factory. Once the explosives leave the factory, their transport, storage and use on the surface becomes the job of the police. When underground explosives are brought into mines, the Department of Mineral Resources and the mine owners take responsibility.
This division of tasks, laws and obligations can create confusion, especially if there is a lack of cooperation between the different actors involved. One way to remedy this is to form a working group made up of members from all three departments. Then an action plan could be developed that describes the roles and responsibilities of each.
There is also a need for greater collaboration between the various government officials in charge of border control, such as customs and the police. Corruption in border management must be eradicated and law enforcement officials made aware of the threat posed by explosives to national security.
Another problem, a senior law enforcement official told organized crime project ENACT, is the lack of harmonization of explosives laws and regulations in the Southern African Development Community (SADC) region. This creates an administrative burden for the manufacture and transport of explosives between countries of origin, transit and destination.
Although SADC has a protocol on the control of firearms, ammunition, and other related materials, it says little about the production, storage, transportation, and use of explosives. A regional protocol or strategy, such as the European Union Directive 2014/28 / EU, would help mitigate the threat of explosives smuggling in the region.
A regional strategy or protocol would allow the creation of a single SADC market for the legal trade in commercial explosives, so that safety requirements are consistent across countries. It would also streamline administration by establishing a single system to monitor the transfer of explosives and ammunition throughout the region.
Such a strategy would promote cooperation in the Southern African region among the various agencies responsible, especially for the transport of explosives. SADC police, relevant government departments, and the mining and banking sectors should be involved.
While an explosives control strategy will not eradicate regional smuggling, it should deter organized crime networks. Better collaboration between the public and private sectors would reduce the opportunities for criminals to access explosives for use in robberies and illegal mining. It will also reduce the chances of innocent people being injured. DM
Richard Chelin, Researcher, ENACT, and Willem Els, Senior Training Coordinator, Complex Threats in Africa, ISS Pretoria
This article was First published by the ENACT draft. ENACT is funded by the European Union (EU). The content of this article is the sole responsibility of the author and under no circumstances can it be considered to reflect the position of the EU.
