Restrictions regarding firearms when hunting game

Advocate Peet Harmse of Harmse Legal Practitioners in Okahandja will discuss and analyse legal provisions and related topics in Agri Monitor as relevant to Namibian farmers and the farming industry. Due to space limitations, the issues under discussion cannot be covered in detail. An attempt will be made to clarify the principles of certain provisions. Harmse specialises in drafting, reviewing and interpreting legislation and is authorised and regulated by the Law Society of Namibia.
Francoise Steynberg
With the biltong hunting season declared open by the environment, forestry and tourism ministry, hunters and farmers should take note of the restrictions regarding firearms when hunting game.
Section 42 of the Nature Conservation Ordinance, 1975, contains restrictions on firearms used for hunting game. According to subsection (1), thereof, no person shall use a revolver, pistol or automatic firearm to hunt game.
A person shall also not use a firearm in which the bullet has energy at the muzzle of the barrel that is lower than:
- 5 400 joules when hunting buffalo.
- 2 700 joules when hunting eland, kudu, oryx, wildebeest, hartebeest and all species of exotic game. Exoctic game is any vertebrate (including any bird, fish or reptile), whether kept or bred in captivity or elsewhere, belonging to a non-domestic species whose habitat is not in Namibia.
- 1 350 joules when hunting springbok and duiker.
The environment ministry may, by regulation, differentiate between the calibres of different firearms for various species of game. Regulations in this regard stipulate that every marksman on a game cropping team must have at their disposal a firearm of which the bullet has, at the mouth of the barrel, a velocity that complies with Section 42 of the Ordinance.
Cartridges with bullets commonly known as 'solid' may also not be used when hunting eland, kudu, oryx, wildebeest, hartebeest, all species of exotic game, springbok and duiker.
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