SHG Act 6 2009
SHG Act 6 2009
SHG Act 6 2009
THE PRESIDENCY
No. 392 1 April 2009
It is hereby notified that the President has assented to the following Act, which is
hereby published for general information:–
ACT
To regulate the business of dealers in second-hand goods and pawnbrokers, in
order to combat trade in stolen goods; to promote ethical standards in the
second-hand goods trade; and to provide for matters connected therewith.
ARRANGEMENT OF SECTIONS
Sections
CHAPTER 1 5
INTERPRETATION
1. Definitions
CHAPTER 2
REGISTRATION
2. Obligation to register 10
3. Application for registration
4. Information on application by natural person
5. Application by person other than natural person
6. Refusal to register
7. Effect of registration 15
8. Application for amendment of certificate
9. Limitation or variation of conditions by National Commissioner
10. Termination and cancellation of registration
11. Renewal of registration
12. Transfer of certificate 20
13. Temporary registration
14. Disqualifications
15. Display and maintenance of certificates
CHAPTER 3
ACCREDITATION 25
CHAPTER 4
DEALERS
CHAPTER 5
MOTOR VEHICLES
CHAPTER 6
CONTROLLED METALS 10
CHAPTER 7
COMMUNICATION EQUIPMENT
CHAPTER 8 15
CHAPTER 9
GENERAL PROVISIONS
SCHEDULE 1
GOODS
6
SCHEDULE 2
CONTROLLED METALS
SCHEDULE 3
SCHEDULE 4 5
LAWS REPEALED
CHAPTER 1
Definitions
‘‘management’’ includes the chief executive officer, chief operating officer, owner
or manager of a registered dealer who is responsible for the day to day control,
direction or supervision of the business of that dealer at the premises in question;
‘‘Minister’’ means the Minister for Safety and Security;
‘‘National Commissioner’’ means the National Commissioner of the South 5
African Police Service, appointed by the President under section 207(1) of the
Constitution of the Republic of South Africa, 1996;
‘‘pawnbroker’’ means a person who—
(a) engages in the business of lending or advancing money on the deposit or
pledge of goods; 10
(b) lends money upon goods, wares or merchandise pledged, stored or deposited
as collateral security; or
(c) otherwise engages in pawn transactions within the meaning of the National
Credit Act, 2005 (Act No. 34 of 2005);
‘‘pawned goods’’ means any movable goods subject to a pledge; 15
‘‘person’’ includes a trust and a business trust;
‘‘police official’’ means a member of the South African Police Service as defined
in section 1 of the South African Police Service Act, 1995 (Act No. 68 of 1995);
‘‘premises’’ includes land, any building, structure, vehicle, conveyance, ship, boat
or aircraft; 20
‘‘precious metals’’ means precious metals as defined in the Precious Metals Act,
2005 (Act No. 37 of 2005);
‘‘prescribe’’ means prescribe by regulation made in terms of section 41;
‘‘previous Act’’ means the Second-Hand Goods Act, 1955 (Act No. 23 of 1955);
‘‘recycle’’ means to melt, smelt, granulate, shred, dismantle, sort, grade, cut or 25
prepare, either by hand or by the use of specialised plant, machinery and
equipment, for use by consuming works such as foundries, mills, smelters, refiners
and manufacturers;
‘‘recycler’’ means a person who carries on the business of recycling scrap metal;
‘‘registers’’ means registers prescribed in terms of this Act, and includes a 30
print-out of registers kept electronically;
‘‘second-hand goods’’ means goods which have been in use by a person other than
the manufacturer or producer thereof or a person dealing therewith for such
manufacturer or producer in the course of business, but does not include goods with
a value of less than R100; 35
‘‘scrap metal’’ includes any used, broken, worn out, defaced or partly manufac-
tured goods made wholly or partly of non-ferrous or ferrous metal, lead or zinc or
any substance of metallic waste or dye made of any of the materials commonly
known as hard metals or of cemented or sintered metallic carbides;
‘‘scrap metal dealer’’ means a person who carries on a business that consists 40
wholly or partly of the buying or selling of scrap metal;
‘‘SIM’’ means Subscriber Identity Module;
‘‘Subscriber Identity Module’’ means an independent, electronically activated
device designed for use in conjunction with the use of mobile, including cellular or
satellite communication equipment, to enable the user of the equipment to receive 45
and transmit indirect communications by providing access to telecommunication
systems and enabling such telecommunication systems to identify the particular
subscriber identity module and its installed information;
‘‘this Act’’ includes any regulations made in terms of section 41;
‘‘valuables’’ means personal possessions that have a significant monetary value. 50
(2) The Minister may by notice in the Gazette—
(a) add any other article or substance to Schedule 1 or 2;
(b) determine that specific sections of this Act do not apply to certain types or
categories of second-hand goods mentioned in Schedule 1 or 2.
CHAPTER 2 55
REGISTRATION
Obligation to register
(2) A person other than a natural person may only be registered if a natural person,
who is not disqualified in terms of this Act to be registered, is appointed to manage, and
be responsible for, the business of the dealer, as the case may be.
(3) A person contemplated in subsection (2) is subject to the same obligations and
liabilities as the registered dealer, as the case may be. 5
3. (1) (a) An application for registration must be made to the National Commissioner
and must be accompanied by the prescribed documents.
(b) The National Commissioner may require the applicant to provide further
information necessary for processing the application. 10
(2) If an applicant intends to conduct business from more than one premises, or where
second-hand goods are stored on additional premises, such applicant must apply for
registration in respect of each of those premises.
(3) Subject to section 14, the National Commissioner may, after consideration of the
application and upon the applicant complying with all the requirements, register the 15
applicant as a dealer.
5. (1) An application by a person other than a natural person must include the 30
following information:
(a) The applicant’s name and, where applicable, registration number of the
company, close corporation or trust;
(b) the registered address of the applicant;
(c) the street addresses of all the premises that the applicant intends to use or uses 35
for business purposes;
(d) the full name and identity number of every person involved in the
management of the applicant, and where applicant applies for registration for
more than one premises, the full name and identity number of each person
involved in the management of the applicant at each of the premises 40
contemplated in section 3(2);
(e) the full name and identity number of every partner in the partnership, in the
case of a partnership; and
(f) any other prescribed information.
(2) The National Commissioner may require a natural person involved in the 45
management of the applicant, including the person contemplated in section 2(2), to
furnish additional information or particulars and may require that the person’s
fingerprints be taken.
Refusal to register
6. (1) If a dealer fails to comply with the requirements for an application, the National 50
Commissioner must refuse the application and inform the dealer of that fact.
12
Effect of registration 10
7. (1) Where a dealer is registered in accordance with section 3(3), the National
Commissioner must issue the prescribed certificate of registration to a dealer,
authorising the dealer to carry on business—
(a) in respect of the classes of second-hand goods specified on the certificate;
(b) on the premises specified on the certificate; and 15
(c) subject to such of the prescribed conditions as the National Commissioner
may impose.
(2) The National Commissioner must issue a certificate for each premises on which
the dealer may conduct business.
(3) If a person other than a natural person carries on business as a dealer, the certificate 20
must be issued in the name of the person contemplated in section 2(2).
(4) Registration does not exempt a dealer from having to comply with the provisions
of any other law.
(5) Registration remains valid for a period of five years from the date the certificate is
issued. 25
9. (1) The National Commissioner may limit or vary any or all of the conditions of
registration if there is a change in the circumstances of a registered dealer requiring a
limitation or variation. 45
(2) Before limiting or varying any of the conditions, the National Commissioner
must—
(a) give the dealer written notice of his or her intention to limit or vary the
conditions of registration;
(b) give the dealer 30 days to submit written representations as to why the 50
National Commissioner should not limit or vary the conditions of registration;
and
(c) duly consider any such representations and the facts pertaining to the matter.
(3) The National Commissioner must notify the dealer in writing of any decision
taken under this section and state the reasons for and the date on which the decision takes 55
effect in such notice.
14
Renewal of registration
11. (1) A registered dealer who intends to renew registration must apply for renewal
not more than 180 days and at least 90 days before the date of termination of registration.
(2) An application for renewal of registration must be made to the National 35
Commissioner in the prescribed manner.
(3) An application for the renewal of registration may only be granted if the dealer
shows that he or she has continued to comply with the requirements of registration in
terms of this Act.
(4) If an application for the renewal of registration has been lodged within the period 40
provided for in subsection (1), registration remains valid until the application is decided.
Transfer of certificate
12. (1) Subject to subsection (2), a certificate issued in terms of this Act may not be
transferred.
(2) A registered dealer who wishes to transfer the business to which the registration 45
relates, may only transfer such business to another registered dealer.
(3) The certificate of the dealer transferring the business must be surrendered to the
National Commissioner upon the issue of a new certificate.
(4) (a) If a registered dealer dies, is declared by any court to be incapable of managing
his or her own affairs or becomes mentally ill as contemplated in the Mental Health Care 50
Act, 2002 (Act No. 17 of 2002), or if the estate of such dealer is sequestrated or if such
dealer is liquidated, the executor, curator, administrator, trustee or liquidator of such
person, as the case may be, may, subject to any law relating to deceased estates, mental
health or insolvency, during the currency of the certificate of registration and without
formal transfer of the certificate, conduct the business in question on such premises, 55
16
Temporary registration
13. (1) Subject to section 14, the National Commissioner may grant temporary
registration to a person—
(a) for such period as may be prescribed; and 10
(b) subject to prescribed conditions.
(2) The National Commissioner may at any time withdraw temporary registration if
any condition contemplated in subsection (1)(b) is not complied with.
Disqualification
14. (1) A person is disqualified from being registered as a dealer if such person— 15
(a) has in the preceding five years, in the Republic or elsewhere, been sentenced
to imprisonment without the option of a fine in respect of any offence of fraud,
theft or corrupt activities as referred to in the Prevention and Combating of
Corrupt Activities Act, 2004 (Act No. 12 of 2004), or any contravention of the
Corruption Act, 1992 (Act No. 94 of 1992), or the commission of any other 20
offence of which dishonesty is an element;
(b) has in the preceding 10 years been convicted of an offence in terms of this Act
or the previous Act, irrespective of the sentence imposed, and was within five
years after the conviction again convicted of an offence in terms of any of the
said Acts and sentenced to a fine exceeding R1 000; 25
(c) is an unrehabilitated insolvent;
(d) is under 18 years;
(e) does not permanently reside in the Republic; or
(f) is by virtue of any other law disqualified from carrying on a business.
(2) A company, corporation, partnership or trust may not be registered if a person who 30
is disqualified to hold a certificate in terms of subsection (1)(a), (b), (c), (d), or (f)—
(a) has an interest in that company, close corporation or trust;
(b) is a partner in that partnership; or
(c) is a beneficiary under that trust.
(3) For the purposes of subsection (1)(a) and (b), ‘‘preceding’’ means preceding the 35
date of the application in question.
15. Where a certificate has been issued in terms of this Act, the original certificate
must be—
(a) displayed in a prominent place clearly visible to the public on the premises for 40
which such certificate has been issued; and
(b) maintained in such a state that it can be produced undamaged and in a legible
condition.
CHAPTER 3
ACCREDITATION 45
(b) establish and maintain minimum legal and ethical standards with regard to its
members, and may establish different standards with regard to the different
categories of dealers, which may not be of a lower standard than is required
under this Act;
(c) inspect any business practice, registers, stock and business premises of its 5
members;
(d) make recommendations to the National Commissioner in support of
applications for registration;
(e) assist its members with research and development regarding matters of
interest; and 10
(f) advise the National Commissioner, when requested to do so by the National
Commissioner, on industry standards and technological developments in the
industry which may affect the application of this Act.
Accreditation
17. (1) The National Commissioner may accredit a dealers’ association in the 15
prescribed manner.
(2) Different criteria may be prescribed in respect of the accreditation of different
types of associations, which the National Commissioner must apply when issuing an
accreditation.
(3) These criteria must, amongst other things, include criteria relating to— 20
(a) trustworthiness and integrity;
(b) capacity to perform functions in terms of this Act; and
(c) capacity to advance the purposes of this Act.
Refusal to accredit
18. (1) The National Commissioner must refuse to accredit a dealers’ association if 25
the dealers’ association concerned has not complied with all the requirements for
accreditation.
(2) Before refusing to accredit a dealer’s association, the National Commissioner
must—
(a) give the dealers’ association written notice of the National Commissioner’s 30
intention to refuse the accreditation;
(b) give the dealers’ association 30 days to submit written representations as to
why the National Commissioner should not make the intended decision; and
(c) duly consider any such representations and the facts pertaining to the matter.
(3) The National Commissioner must notify the dealers’ association in writing of any 35
decision taken under this section and state the reasons for and the date on which the
decision takes effect in such notice.
Cancellation of accreditation
Member registers 50
CHAPTER 4
DEALERS
Records by dealers
21. (1) Unless otherwise provided in this Act, a dealer must keep a register in the
prescribed form and record in the register the prescribed particulars regarding every 5
acquisition or disposal of second-hand goods.
(2) The particulars must at least include—
(a) particulars in respect of the identity of the person from whom the second-hand
goods are acquired, including—
(i) the person’s full names, contact address and contact telephone 10
number;
(ii) the manner in which the person’s identity was verified; and
(iii) the person’s identity number.
(b) a description of the second-hand goods and serial number or distinguishing
mark or feature of the second-hand goods; 15
(c) the purchase price paid by the dealer;
(d) the number assigned to the second-hand goods by the dealer;
(e) the name and signature of the person who conducted the transaction on behalf
of the dealer; and
(f) the date and time of the transaction, the date on which the second-hand goods 20
were sold or an account of how and when the second-hand goods were
otherwise disposed of.
(3) If the certificate of registration in question is issued with a condition which
requires separate registers, such separate registers must be kept in respect of the
acquisition and disposal of different classes of second-hand goods. 25
(4) A person acquiring second-hand goods from, or disposing of goods to, a dealer,
must furnish such dealer with his or her full name, physical address and an original
identity document or passport as proof of his or her identity.
(5) A dealer must obtain and keep a copy of the identity document or passport
contemplated in subsection (4). 30
(6) A dealer must retain a register contemplated in subsection (1) and copies of the
documents contemplated in subsection (4) for a period of not less than five years,
calculated from the date of the relevant transaction.
(7) Every entry in a register in respect of an acquisition or disposal of second-hand
goods must be made contemporaneously with the acquisition or disposal in question. 35
with any particulars regarding the registering of any investigation dockets arising from
such report.
CHAPTER 5
MOTOR VEHICLES 20
24. (1) Subject to section 21, a dealer dealing in second-hand motor vehicles must
also record in the prescribed register the particulars regarding every acquisition or
disposal of a motor vehicle contemplated in subsection (2).
(2) The particulars contemplated in subsection (1) are— 25
(a) the vehicle identification number (VIN), and the chassis and engine number;
(b) the odometer reading;
(c) the exterior and trim colour; and
(d) any distinguishing mark or feature, such as microdot particulars.
(3) A person acquiring or disposing of a motor vehicle from or to a dealer must furnish 30
such dealer with—
(a) his or her full name;
(b) his or her physical address;
(c) his or her original identity document or passport as proof of his or her identity;
and 35
(d) proof of registration or deregistration of the motor vehicle.
(4) A dealer must obtain and keep a copy of the identity document or passport
contemplated in subsection (3) and must obtain and keep proof of registration or
deregistration, as the case may be, contemplated in that subsection.
(5) A dealer must retain the copies contemplated in subsection (4) for a period of not 40
less than five years, calculated from the date of the relevant transaction.
CHAPTER 6
CONTROLLED METALS
25. (1) Every dealer who engages in the business of recycling any controlled metal, 45
must apply to be registered as a recycler, in addition to having to be registered in terms
of section 2.
(2) An application for registration must be made to the National Commissioner and
must be accompanied by the prescribed documents.
24
(3) The National Commissioner must, after consideration of the application and upon
being satisfied that the applicant complies with all the requirements, register the
applicant as a recycler and issue the prescribed certificate.
(4) No person may—
(a) have in his or her possession any apparatus which can be used for the 5
recycling of any controlled metal or any article or substance containing any
controlled metal, unless—
(i) such person is registered as a recycler; or
(ii) in the case of precious metals, such a person is authorised to possess and
recycle precious metals under the Precious Metals Act, 2005 (Act No. 37 10
of 2005), or any other applicable legislation;
(b) acquire or dispose of any cable consisting of controlled metal of which the
cover has been burnt, unless the seller thereof is able to provide a reasonable
explanation for the burnt cover, and only after the matter has been reported to
a police official in the manner contemplated in section 22(1)(a); or 15
(c) be in possession of any cable consisting of controlled metal of which the cover
has been burnt, unless such person is able to provide a reasonable explanation
for the burnt cover.
(5) If a recycler suspects, or on reasonable grounds should suspect, that the
appearance or aspects of any scrap metal offered to him or her has been tampered with 20
or there was an attempt to alter the appearance or aspects thereof in order to conceal the
identity of the scrap metal, such recycler must make a report contemplated in section
22(1)(c) which applies with the changes required by the context.
CHAPTER 7
COMMUNICATION EQUIPMENT 25
26. (1) Subject to section 21 and any other applicable law, a dealer dealing in
second-hand communication equipment must also record in the prescribed register the
particulars regarding every acquisition or disposal of communication equipment
contemplated in subsection (2). 30
(2) The particulars contemplated in subsection (1) are—
(a) a description of the communication equipment, including the make and
model;
(b) the communication equipment’s IMEI number, where applicable; and
(c) any other distinguishing mark or feature, including any serial number. 35
(3) A person acquiring communication equipment from or disposing of communica-
tion equipment to a dealer, must furnish such dealer, with his or her—
(a) full name;
(b) physical address; and
(c) original identity document or passport as proof of his or her identity. 40
(4) A dealer must obtain and keep a copy of the identity document or passport
contemplated in subsection (3).
(5) A dealer must retain copies contemplated in subsection (4) for a period of not less
than five years, calculated from the date of the relevant transaction.
CHAPTER 8 45
27. A police official, prior to exercising any power in terms of this Chapter, must
identify himself or herself to the dealer, owner, employee or person in charge of the
premises in question, and must produce his or her appointment certificate issued by the 50
National Commissioner.
26
Routine inspections
28. (1) A police official may, during times when business activity in respect of
second-hand goods is taking place, enter the premises of any registered dealer in order
to investigate compliance with this Act and require the dealer, owner, an employee or the
person in control of the premises to— 5
(a) produce the certificate of registration relating to that premises for inspection;
(b) produce any register, record, book or other document relating to the goods in
or on the premises for inspection or for the purposes of obtaining copies
thereof or extracts therefrom;
(c) produce any goods found in or on such premises for examination; or 10
(d) explain any entry or absence of any entry in any register, book, record or
document found therein or thereon.
(2) If, upon any inspection, a police official discovers that any method of dealing,
recording of transactions in registers or storage that is being used is in contravention of
this Act, the police official may— 15
(a) demand immediate discontinuation of the method; and
(b) afford the dealer a period of no more than seven days to rectify such method
in order to ensure compliance with the Act.
(3) The dealer, owner, employee or person in charge of premises contemplated in
subsection (1) must assist the police official in the performance of his or her functions 20
under this Act.
(4) (a) A police official must conduct at least one comprehensive annual inspection of
each registered premises, during which the records contemplated in section 21(1) must
be examined.
(b) On each occasion when a police official inspects a register in terms of subsection 25
(1)(b), such police official must—
(i) sign his or her name immediately after the last entry in that register, and
append his or her number and rank and the date on which the inspection was
conducted; or
(ii) certify in the manner that the National Commissioner may from time to time 30
direct, that the records were inspected.
29. (1) A police official, on the authority of a warrant issued in terms of section 30,
may—
(a) enter any premises specified in that warrant; 35
(b) direct the person in control of or any person employed at the premises to—
(i) disclose any register, record, book, other document or information
that pertains to the investigation and is in the possession or under
the control of that person; and
(ii) render such assistance as the police official requires in order to 40
enable such police official to perform his or her functions under this
Act;
(c) inspect any register, record, book or other document and make copies thereof
or excerpts therefrom;
(d) examine any goods or other articles found on the premises; 45
(e) against the issue of a written receipt, seize records, books, documents or
electronic data-storing devices that may be used as evidence of a contraven-
tion of any provision of this Act; and
(f) seal or seal off the premises at, on or in which second-hand goods are found,
in order to prevent a person from conducting business in contravention of this Act. 50
(2) A police official may not enter upon or search any premises without audibly
demanding admission to the premises and giving notice of the purpose of the entry,
unless such police official is, on reasonable grounds, of the opinion that such demand
and notification will defeat the purpose of the search.
(3) A police official contemplated in subsection (1) may use such force as may 55
reasonably be necessary to overcome resistance to the entry or search.
(4) Any entry and search in terms of subsection (1) may only be executed by day,
unless the execution thereof by night is reasonable and justifiable.
28
(5) A police official may without a warrant enter upon any premises and search for,
seize and remove anything contemplated in subsection (1) if—
(a) the person who is competent to do so consents to such entry, search, seizure
and removal; or
(b) there are reasonable grounds to believe that— 5
(i) a warrant would be issued to the police official if he or she applied
for such warrant; and
(ii) the delay in obtaining such warrant would defeat the purpose of the
search.
(6) Any goods seized in terms of this section must be dealt with in the manner 10
contemplated in Chapter 2 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977),
which applies with the changes required by the context.
(7) A person from whom any book, record or document has been taken may, at his or
her own expense and under supervision of a police official, make copies thereof or
excerpts therefrom. 15
Warrant
30. (1) A warrant to enter, search, seize and seal off premises must be issued by a
magistrate or a judge of the High Court who has jurisdiction in the area in which the
premises in question are situated, if it appears from information on oath or affirmation
that there are reasonable grounds to believe that a provision of this Act has been or is 20
being contravened.
(2) A warrant issued under this section must specify—
(a) the premises which may be entered and which of the acts mentioned in section
29(1) may be performed by the police official;
(b) the period for which the premises may be sealed off for purposes of section 25
29(1)(f), which may not exceed seven days; and
(c) whether the warrant authorises execution by night.
(3) A warrant contemplated in this section remains in force until—
(a) it has been executed;
(b) it is cancelled by the person who issued it, or if such person is not available, 30
by any other person with similar authority;
(c) one month from the date of its issue; or
(d) the purpose for which the warrant was issued no longer exists,
whichever occurs first.
Extension of powers 35
31. (1) The Minister may by notice in the Gazette, either generally or subject to such
conditions as may be specified in the notice, extend the powers contemplated in this
Chapter to any person employed by a public entity contemplated in the Public Finance
Management Act, 1999 (Act No. 1 of 1999), or any other statutory body if that person
is a peace officer contemplated in section 1 of the Criminal Procedure Act, 1977 (Act 40
No. 51 of 1977).
(2) The notice contemplated in subsection (1) must set out—
(a) the extent to and the conditions under which such powers are extended to such
person; and
(b) the directives that are applicable to such person in the exercise of such powers. 45
CHAPTER 9
GENERAL PROVISIONS
Appeals
33. (1) A dealer who is aggrieved by any decision taken by the National
Commissioner in terms of this Act may, in the prescribed manner, appeal to the Minister
against that decision.
(2) The Minister may— 45
(a) confirm, set aside or amend the decision taken by the National Commissioner;
or
(b) make such order with regard thereto as may be fair and practicable.
34. An application or notice contemplated in this Act must be lodged with the 50
Designated Police Officer in whose station precinct the dealer, as the case may be,
carries on business or stores any second-hand goods or intends to carry on business or
intends to store any second-hand goods.
32
Service of documents
35. (1) The manner of service of a notice or other document to be served on or given
to a person in terms of this Act may be prescribed.
(2) This section does not apply to notices or other documents served or given during
the course of any proceedings in a court of law. 5
Return of service
36. A document that is signed by a police official indicating that the service was
effected in accordance with section 35(1) is, upon production in a court, prima facie
evidence of service of the document.
37. (1) If a certificate issued in terms of this Act is lost or stolen, the holder of the
certificate must inform the National Commissioner within 30 days of the discovery of
the loss or theft.
(2) If a certificate issued in terms of this Act is defaced, lost or stolen, the holder of the
certificate must within 30 days of the discovery of the defacement, loss or theft apply to 15
the National Commissioner in the prescribed manner for a copy of the certificate.
Delegation
38. (1) The Minister may in writing delegate any function conferred upon the Minister
under this Act, except a function referred to in section 33 or 41, to the National
Commissioner or any other police official. 20
(2) The National Commissioner may in writing delegate any function conferred upon
him or her by this Act to any official in the service of the State or employed by a statutory
body.
(3) An official to whom a function has been delegated in terms of subsection (2) must
perform the function subject to the control and directions of the National Commissioner. 25
39. The National Commissioner may, on good cause shown and on grounds which are
not in conflict with the objects of this Act, extend any period contemplated in this Act or
condone any disqualification contemplated in section 14.
40. Notwithstanding any law to the contrary, a magistrate’s court has jurisdiction to
impose any penalty provided for in this Act.
Regulations
(h) the lay-out of registered premises with regard to different second-hand goods
or classes of second-hand goods;
(i) the format of a certificate which may be issued under this Act;
(j) the withdrawal or amendment of accreditation, registration or a certificate;
(k) the format of any notice contemplated in this Act; 5
(l) after consultation with the Minister of Finance, fees payable for accreditation,
applications for registration or certificates;
(m) the format and content of any registers;
(n) the information to be furnished by dealers to consumers;
(o) the times during which dealers may acquire and dispose of second-hand 10
goods; and
(p) any ancillary or incidental administrative or procedural matter that it is
necessary to prescribe for the proper implementation and administration of
this Act.
(2) The Minister may make different regulations for different categories or classes 15
of—
(a) associations and dealers; and
(b) second-hand goods or premises.
(3) A regulation made under subsection (1) may provide for a penalty, for any
contravention thereof or for a failure to comply therewith, of a fine or imprisonment for 20
a period not exceeding 12 months or to both a fine and such imprisonment.
CHAPTER 10
Transitional provisions
43. (1) (a) Any person who, immediately before the commencement of this Act, 40
carried on business as a dealer must, within three months of the date of such
commencement, apply for registration in terms of section 3.
(b) If an application for registration has been lodged before the end of the period
provided for in paragraph (a), the dealer concerned may continue carrying on the
business in question, subject to subsections (2) and (3), until the application is decided. 45
(2) A person contemplated in subsection (1) must enter into a transitional register all
the second-hand goods or pawned goods, as the case may be, held by such person for
such business purposes until his or her application in terms of section 4 is decided.
(3) An entry referred to in subsection (2) must set out a full description of the
second-hand goods in question, indicating the quantity and colour thereof, identification 50
marks and any other distinguishing features thereon and, in the case of controlled metal,
its description and weight and the value thereof as estimated by the dealer concerned.
36
(4) A Designated Police Officer or a police official authorised by the Designated Police
Officer must endorse the last entry in the transitional register and on each page thereof
of every dealer that applies for registration in terms of subsection (1).
Repeal of laws
44. The laws mentioned in the second column to Schedule 4 are hereby repealed to the 5
extent set out in the third column of that Schedule.
45. This Act is called the Second-Hand Goods Act, 2009, and comes into operation on
a date determined by the President by proclamation in the Gazette.
38
SCHEDULE 1
(Section 1)
GOODS
Jewellery, including unwrought precious metal as defined in the Precious Metals Act, 2005 5
(Act No. 27 of 2005).
Any controlled metal, or any wrought article, or any article or substance consisting wholly 15
or principally of one or more of such metals.
Antique goods.
Sporting equipment. 20
Valuables.
Books.
Shop-fitting equipment.
SCHEDULE 2
(Section 1) 25
CONTROLLED METALS
Copper, aluminium, zinc, chrome, lead, white metal, nickel, tungsten, tin, ferrovanadium,
ferrosilicon, ferrochrome, brass, bronze, cobalt and precious metals as defined in the
Precious Metals Act, 2005 (Act No. 27 of 2005), or any article consisting wholly or 30
principally of any of those metals.
40
SCHEDULE 3
(Section 32)
SCHEDULE 4
LAWS REPEALED
(Section 44)
No. and year Short title Extent of repeal 30
Act No. 23 of 1955 Second-hand Goods Act, 1955 The whole
Act No. 68 of 1957 General Law Amendment Act, 1957 Sections 43 and 44