The Lesotho` s Explosives Code Needs to be Strengthened

By Rorisang David Mahlo

PS Mining Mr. Mochaba & Eng. Mr. Tjatja

“The fact is Explosives are dangerous, irrespective of whether one is a blaster or a regulator or just an ordinary citizen. We need to appreciate this fact, and act accordingly.” This was said by PS Mining-Mr. Soaile Mochaba while addressing the local Explosives Practitioners on Friday the 20^th October 2017 on a Stakeholder closed Meeting held at Victoria Conference Hall throughout the day.

Most importantly, “If explosives are not handled with the maximum required care, we are exposing our citizens to enormous safety and security risks which we might not be able to put under control,” Said Mr. Mochaba. In addition to that he went on to remind stakeholders that, explosives can potentially be misused as “weapons,” and we definitely don’t want to let things graduate to that stage,” Mr Mochaba cautioned them. 

The objective of this closed forum was to invite and include the opinions of the active sector role players in the process of interrogating the current regime in the areas of importation, transportation, storage, handling and use of explosives. Also, it was to gather opinions on the much needed review and strengthening of the outdated regime governing the explosive sector (Explosives Proclamation Act 41 of 1958) that has remained unchanged for such a long time. 

In his opening remarks, the Principal Secretary (PS) Mining Mr. Mochaba, firstly appreciated a positive turnout demonstrated by the sector players and the stakeholders to his first call of duty meeting. “…and I hope this confirms the closeness and warmth of our working relationship from here onwards, because when we stand as united, we can overcome most sector challenges as a team,” says Mochaba.

Secondly Mr. Mochaba acknowledged the increasingly growing importance of augmenting explosives regime for proper administration, and execution by stakeholder for socio economic benefit of the country. Also taking cognisance of the fact that the auspices of explosives sector has  been handed over to the private sector 10 years ago though there were certain areas that were left blurry and unclarified. 

ACP. Ramachaea - (CIS)

Despite all the blurry uncertainties regarding the explosives Mr. Mochaba stated that the commercial explosives will always remain the integral and mostly demanded service in the mining and construction sectors. Adding that “If not well controlled they could be a threat to the innocent lives of people as they could be used as weapons,” emphasised Mochaba.  

  

As the proceedings commences and on behalf of the office of Commissioner of Mines Mr. Pokane Koatla presented a currently existing overview of laws used in the Mining sector including the undeniable dilapidated Explosives Act 41 of 1958. Mr. Koatla strongly appealed before the stakeholders to honestly revive the said Act in order to address the current sector challenges.

He explained that Explosive Regulations 1958 and Proclamation 41 of 1958 are collaborately administered by Commissioners of Mines and Police with the powers bestowed on both of them. Further highlighted that this act provides for the regulation of the manufacture, storage, sale, transport, importation, possession and use of explosive.

Adding that, “this law also caters for Blasting License and permits applications and procedures, penalties, duties of blasting license holders, importation and exportation procedures, powers of inspector of explosives,” said Koatla.

The reasons propelling for the review of this Act as according to Mr. Koatla are sincerely manier than the simple identified deficiencies in the Law such as the 25c application fee for acquisition for Explosives License to single out just one.   

Representing the Commissioner of Police, the Assistant Commissioner (ACP) heading the Criminal Investigation Section (CIS) - Mr. Raphoka Ramachaea also cautioned the forum that the Explosives Proclamation Act of 1958 has proved not to be a sufficient tool to address the current sectoral demands as things seem to be rapidly changing.

According to the input from ACP Ramachaea, there are currently a lot of misconduct done by most Explosives Practitioners which some are highly detrimental to the lives of respective innocent facilitators in the subsector. For instance delay to apply for import permit before placing a purchase order or a common stylish behaviour of storing explosives at the unlicensed places not meant for such.

Blasting Professionals

“Our observation with regard to the prevalent Explosives practitioners` misconduct is highly perpetuated by the imbalance between the existing statistics data versus the existing true number of the hands on Explosives Practitioners,” says ACP Ramachaea.

On behalf of Lesotho Defence Force, Captain Mosala Lehlohla conscientised the forum on the latest and most dangerous bombings that took place in some African countries like Nigeria, sampling out the case of Bokoharam and other countries, that “ we must be seriously worried about the looming explosives most particularly at this time of instability in the country.”

“Honestly, those who live in Maseru district in areas like Moshoeshoe II, Khubetsoana and Ha `Nelese amongst us here, will attest to this with a trembling fear.  Worst of all, these negatively impact on our national security and ruin our international reputation,” commented Captain Lehloka.

In its current state, the Explosives Proclamation of 1958 and its Regulations does not properly address the transportation, storage and usage nor the technological advances in explosives development.