Eswatini Police Warn on Unlawful Firearm Inheritance

The Royal Eswatini Police Service (REPS) has issued a public reminder to families in Eswatini, clarifying that firearms inherited from deceased relatives do not automatically become part of an estate and warning against the unlawful retention of such weapons. This warning, delivered during an ongoing amnesty month in September, underscores the potential for families to inadvertently fall afoul of the law by possessing firearms without proper legal authorisation following a death. The police message, encapsulated by the phrase "Sibhamu akusilo lifa" (A firearm is not an inheritance), aims to prevent illegal firearm possession.

This police reminder carries significant legal implications, particularly for estate practitioners and individuals dealing with the aftermath of a loved one's passing. It highlights a common misconception that could expose unsuspecting families to criminal liability under Eswatini's stringent firearms laws. The emphasis on the non-inheritable nature of firearms without due process reinforces the state's control over weapons and its commitment to public safety. For legal professionals, it underscores the necessity of providing clear guidance on the proper legal procedures for handling firearms found within a deceased person's estate, distinguishing them from other assets.

The legal context for this warning is Eswatini's comprehensive firearms legislation, which governs the acquisition, possession, transfer, and disposal of all weapons. This framework typically mandates strict licensing requirements and specific protocols for reporting and surrendering firearms upon the death of a registered owner. The "amnesty month" declared by the REPS indicates a strategic enforcement approach, offering a window for individuals to regularise their possession or surrender illegal firearms without facing prosecution, thereby reducing the number of unregistered weapons in circulation. Key parties involved are the Royal Eswatini Police Service, families of deceased firearm owners, and the broader Eswatini public.

Practising attorneys, especially those specialising in estate planning, probate, or criminal defence, must proactively educate their clients on Eswatini's firearms laws. It is imperative to advise families that upon the death of a firearm owner, the weapon must be immediately reported to the REPS and handled strictly according to legal procedures, which typically involve surrender to the authorities or a formal, legally sanctioned transfer. During amnesty periods, legal professionals should strongly encourage clients to take advantage of these opportunities to surrender any unlawfully held firearms to avoid severe penalties. Failure to comply can lead to serious criminal charges, irrespective of intent.