South Africa and Lockpicking Law

[Greg]

Does anyone come from South Africa ?
I'm trying to find out the legalities of lockpicks in the country

[marso]

Hi Greg as you have already done post on the law thread.

I have looked around for sooo long trying to find the criminal code with no luck. It is as if they dont have it on the web. Try going to the library or asking a policeman or lawyer.

[Greg]

Thanks marso
I heard how much research you attempted for me.. appreciated

My wife knows a lawyer in our area who she will ask when he's back from holiday (16th I think)

[jonopaul01]

To be honest swaer I am not suprised that there is no information on the internet as there is unlikely to be a law against it. I am a South African (but I am now living in the UK). I would have to say that you would be incredibly unlucky to be searched by the SAPS. Where do you live any way? Gauteng?

Post what you find

[Greg]

Kan jy dit glo?

A south african on this forum at last!

I've only found a piece on housebreaking and it states something to the effect of 'only with bad intent' and 'if area is restricted'.
I couldn't find anything on possesion of burglary tools.
In SA that would mean nobody could carry any hardware tool in public I guess.

I stay in Midrand... best of both worlds, but the worst town center!! At least lately. I stay 5 minutes from work so its great for me anyway.
I tend to make my way to Centurion, Fourways, Monte spam and Pretoria for some fun. Jo-burg is too much stress.

[The Nutorius Pinky]

To my knowledge, you can carry the tools, there is no law against it, its not like a gun . I have walked around a car park with one of those "slim jim" things which unlock cars and tones of security guards saw me. Basically, you can only use it on your own home or on other property with the owners permision. That includes vehicles, ofcourse with the owners permission

[Greg]

Good stuff!
So I can break into my dad's house as long as he doesn't lay charges..
lol

I spoke to a locksmith in Midrand and he was full of rubbish... was very beligerent that I need to be a locksmith or apprentice.
And that its illegal.
But by the way he explained things, he really didn't know what he was talking about and simply didn't approve of hobbyists

[marso]

Please do not even joke about "breaking in" as it brings down the forums reputation.

I would have to say if laws in SA are anything like Australia basically if the law was followed to the T it would be fine to walk around with picks. But there is always the factor of wrong place at the wrong time and I just do not think it is worth the risk. I mean I moved house and I carried my picks around to the new house but I am not going to keep a pick in my pocket at all times. When there is jail time complacency is not worth it.

[The Nutorius Pinky]

Dude, don't go so hard on Greg, he doesn't know any better(lol).

But marso is wright. Maybe I didn't explain myself clearly enough. NO BREAKING IN! It is illegal, you will go to jail. You will not pass begin and collect 200. "with the owners permission" before you "break in" which means you are not breaking the law. What I meant was, random scenario, your friend/neighbour/someone locks himself out of their house and has no key, if they give you permission, you may unlock their house for them, but make sure it is their house in the first place. Sorry for the confusion.

[The Nutorius Pinky]

Sorry for double post, but that locksmith is only looking out for you. He might think that you are going to get into trouble be picking the wrong lock.

Hehe, I spelt right wrong.

[GrEmLiN]

See.. I've asked a few locksmiths that I know very well.. they too said it was illegal. I can see why they would be looking out for others, as they can't just trust someone to say that they won't break in to something.. thats what I get for asking when I was an immature little kid I supose. - I'm thinking about asking a locksmith place up the street if I can't hang out there and help out with things and maybe be an aprentince(sp?) or something.. I may even look to it for a job. Never thought about it before. The world needs locksmiths. - Anyway, I've heard before that its illegal to own/posses/have/use etc. if you aren't a locksmith. I've looked into it here and I disagree. But as previously mentioned, that wrong place wrong time factory always applies. Around here, I don't know, nor do I want to know, what would happen if I was searched by a police officer and my picks found in my pocket. -- Circumstantial evidence and that sort of thing is not something I'm a large fan of..especially seeing as how I was, years ago, arrested and convicted of a crime I didn't commit.. they said they had enough evidence, but would they show it to me? No. It was poppy _.. you didn't have to tell me. - Oh well. Just don't get caught I guess. Happy pickin'. -Grem

[Greg]

Thanks Pinky & Grem... and less so to Marso.

Marso:
No need to go off the handle about mention of the word 'housebreaking'
Who in their right mind thinks that a lockpicking website will NOT have that word in it somewhere - at least by means of denouncing it!

So please get off my case and read my posts correctly
I never even implied I was going to break in somewhere.
I said I looked at the laws surrounding housebreaking in an attempt to figure out the lockpick laws.
I never have and never will break in illegally.

Pinky & Grem:
Thanks guys. I guess you're right about the wrong place wrong time thing.
Sorry to hear of your experience, Grem. Harsh.
I'm 25, BTW, so I don't think the locksmith was thinking 'little kiddy wanting to break in somewhere'
I do understand he wants to look out for my wellbeing, but his manner was very... well... unwavering and unreasonable. He could have at least asked more questions to see what I was about first.

[CitySpider]

I never even implied I was going to break in somewhere.

Yes, you did.

So I can break into my dad's house as long as he doesn't lay charges....

You weren't denouncing housebreaking. You were, if anything, making light of it.

[Greg]

Oh for pete's sake...
I CONFESS!
I was going to break into my own fathers who usually leaves his own gate open anyway, and steal the only posession he has - an air compressor

And if you believe that one then I can't help you.
If I wanted to break in for criminal activity I sure as hell wouldn't have picked my father

[taur]

Hi Greg. O.K. firstly you need to check out the Security Industry regulatory authority website. (S.I.R.A).As from March 2004, it is illegal for any person to actively engage in ANY security work unless registered with SIRA.All the rules and regulation,fees,requirements to register are given. Secondly, possession of housebreaking equipment is an offence as defined by the act. This includes picks as well as other equipment. True,I sympathise with hobbyists who just want to do it for the fun .
Registration requires a number of things.No criminal record,set of fingerprints,tax clearance etc ,etc.too numerous to mention.
Next ,any client found to be using an unregistered security service provider is liable for a fine of up to R.20 000. as is the service provider. (true)It's all in the act.
Many locksmiths are against the act as it is going to cause problems in the industry.The inspectors come around either as a result of you having been reported either by a client or someone who thinks you are imposing on the industry.I would recommend any person wishing to do locksmithing as a career contact "The Advanced School Of Locksmithing" on 011 887 2581 to gain more insight into the industry and the regulations.Then do it to the book to keep yourself legal.Alternately,contact "The LOCK TECHNICIANS ASSOCIATION"on the same number
I don't think that any person practicing picking at home can be prosecuted. The minute you use the skill in public,whether for financial gain or not,you have to be legal.The regulations are extreme,possibly to the point of being ridiculous,but unfortunately,that is now the law