Contravention of the National Conventional Arms Control Act can lead to a jail term of up 25 years.
It is this act which prohibits the use of military equipment, like the armoured military vehicle which was spotted at the Gupta family’s estate in Saxonwold over the weekend.
City Press reported on Sunday that the family feared for their lives after Friday’s protests against President Jacob Zuma spilled over to Saxonwold.
The vehicle is a prototype of the Griffin armoured vehicle built in Boksburg by Scipio Technologies, a company registered with the national conventional arms control committee. This means the company can manufacture armoured vehicles for military use, but they may not be sold for private use, City Press reported.
Scipio is owned by Sashank Singhala, Rajesh Gupta’s son.
Minister in the Presidency Jeff Radebe, who is the chairperson of the arms control committee, confirmed the matter would be reported to the police. Radebe confirmed nobody may own a vehicle intended for military use, unless it had been demilitarised.
The arms control committee has the following regulations for the ownership of armoured personnel carriers (APC):
• The owner shall at all times possess a valid Armaments Development and Manufacturing (ADM) permit;
• The vehicle will only be used for the purpose stated in the undertaking given at the time when the vehicle was purchased;
• The owner or operator of an APC vehicle acquired for Cash-in-Transit purposes shall be registered with the Private Security Industry Regulatory Authority (SIRA);
• The vehicle will be marked so that the colours and markings will not be confused with that of the SANDF or any other government department;
• The vehicle will not be used for purposes of endangering the security of the State, the violation of human rights, resolving labour disputes, quelling unrest or committing any unlawful act;
• The owner shall take appropriate measures to prevent theft of the vehicle; and
• The owner shall not sell or lease the vehicle without NCACC approval.
The vehicle spotted at the Gupta-residence was moved early Sunday evening, Netwerk24 reported.
Gert van der Merwe, the Gupta’s lawyer, told Netwerk24 the vehicle doesn’t belong to the Guptas, but the VR Laser group, and that the vehicle wasn’t used for anything “funny or illegal”.
“On the contrary, nobody drove the vehicle or showed it. The vehicle wasn’t shown to protestors, is was parked in the yard underneath a tree.”
Salim Essa, a business partner of the Guptas, owns VR Laser, with one of the Gupta sons serving on its board.
DA spokesperson on defence, Kobus Marais, said he will write to Radebe to obtain further information on the Guptas’ use of the vehicle.
Should the minister confirm that the Guptas did not have permission, they must be held accountable and the minister must make clear what action will be taken,” Marais said.