No. 6 of 2009: Second-Hand Goods Act, 2009.
CONTROLLED METALS 10 25.
In this Act, unless the context indicates otherwise- ''accreditation'' means accreditation by the National Commissioner in terms of section 17; ''acquire'' means acquire by any means, and includes importing into the Republic; ''antique'' means goods representing a previous era in human society and which are collected or desirable because of age, rarity, condition, utility or other unique features; ''business trust'' means a trust created for the purposes of making a proï¬t through the combination of capital contributed by the beneï¬ciaries of the trust and through the administration or management of the capital by trustees or a person acting on behalf of those trustees, for the beneï¬t of the beneï¬ciaries; ''certiï¬cate'' means a certiï¬cate of registration issued and in force under this Act, and includes any amendment thereof; ''charity organisation'' means a voluntary organisation established for charitable purposes, that carries on a business in dealing in second-hand goods and that acquires such second-hand goods by way of donation; ''close corporation'' means a close corporation within the meaning of the Close Corporations Act, 1984 (Act No. 69 of 1984); ''company'' means a company within the meaning of the Companies Act, 1973 (Act No. 61 of 1973); ''communication equipment'' means any wireless mobile communication equipment with IMEI capable of using SIM, including cellular telephones, telephones and two-way radios, and includes accessories of such equipment; ''controlled metal'' means any metal contemplated in Schedule 2; ''dealer'' means a person who carries on a business of dealing in second-hand goods, and includes a scrap metal dealer and a pawnbroker; ''dealers' association'' means an association of dealers formed in order to represent the interests of dealers; ''deal in'' includes acquire and dispose of; ''Designated Police Officer'' means any police official to whom the National Commissioner delegates any function in terms of section 38(2); ''dispose of'' means dispose of by any means, and includes exporting out of the Republic; ''goods'' means any of the goods speciï¬ed in Schedule 1, but does not include ï¬rearms or ammunition as deï¬ned in the Firearms Control Act, 2000 (Act No.
Credit Act, 2005 (Act No. 34 of 2005); ''pawned goods'' means any movable goods subject to a pledge; ''person'' includes a trust and a business trust; ''police official'' means a member of the South African Police Service as deï¬ned 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; ''precious metals'' means precious metals as deï¬ned 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 prepare, either by hand or by the use of specialised plant, machinery and equipment, for use by consuming works such as foundries, mills, smelters, reï¬ners 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 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; ''scrap metal'' includes any used, broken, worn out, defaced or partly manufactured 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 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 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 signiï¬cant monetary value.
determine that speciï¬c sections of this Act do not apply to certain types or categories of second-hand goods mentioned in Schedule 1 or 2.
Every person who carries on a business as a dealer must be registered.
A person other than a natural person may only be registered if a natural person, who is not disqualiï¬ed 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.
A person contemplated in subsection (2) is subject to the same obligations and liabilities as the registered dealer, as the case may be.
(a) An application for registration must be made to the National Commissioner and must be accompanied by the prescribed documents.
The National Commissioner may require the applicant to provide further information necessary for processing the application.
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.
Subject to section 14, the National Commissioner may, after consideration of the application and upon the applicant complying with all the requirements, register the applicant as a dealer.
the postal address, if any, used by the applicant for business purposes; and any other prescribed information.
The National Commissioner may require the applicant to furnish additional information or particulars, and may require that the applicant's ï¬ngerprints be taken.
the full name and identity number of every partner in the partnership, in the case of a partnership; and any other prescribed information.
The National Commissioner may require a natural person involved in the 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 ï¬ngerprints be taken.
If a dealer fails to comply with the requirements for an application, the National Commissioner must refuse the application and inform the dealer of that fact.
give the dealer 30 days to submit written representations as to why the National Commissioner should not make the intended decision; and duly consider any such representations and the facts pertaining to the matter.
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 effect in such notice.
subject to such of the prescribed conditions as the National Commissioner may impose.
The National Commissioner must issue a certiï¬cate for each premises on which the dealer may conduct business.
If a person other than a natural person carries on business as a dealer, the certiï¬cate must be issued in the name of the person contemplated in section 2(2).
Registration does not exempt a dealer from having to comply with the provisions of any other law.
Registration remains valid for a period of ï¬ve years from the date the certiï¬cate is issued.
there is a change in the control or ownership of the dealer; or there is any change that impacts on the ability of the dealer to meet all or any of the requirements for its registration in terms of this Act.
The National Commissioner must, after consideration of the notice contemplated in subsection (1) and upon being satisï¬ed that the holder of the certiï¬cate still complies with all the requirements of this Act, amend the certiï¬cate of registration.
The National Commissioner must issue an amended certiï¬cate of registration, reï¬ecting all changes, to the dealer.
Upon receipt of the amended certiï¬cate, the dealer must immediately hand all previous certiï¬cates relating to the registration to the police official handing over the amended certiï¬cate.
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.
give the dealer 30 days to submit written representations as to why the National Commissioner should not limit or vary the conditions of registration; and duly consider any such representations and the facts pertaining to the matter.
in the event that the dealer stops trading or is unable to carry on business in terms of this Act or any other law; or upon cancellation in terms of subsection (3).
If a dealer stops trading or is unable to carry on business in terms of this Act or any other law contemplated in subsection (1)(b), such dealer must immediately notify the National Commissioner.
is registered on the basis of incorrect or false information; or is convicted of an offence of which dishonesty is an element.
give the dealer 30 days to submit written representations as to why his or her registration should not be cancelled; and duly consider any such representations and the facts pertaining to the matter.
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 cancellation takes effect in such notice.
hand all certiï¬cates relating to the registration to the police official serving the notice contemplated in subsection (5); or return all certiï¬cates to the National Commissioner in the event of termination contemplated in subsection (1)(a) or (b).
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.
An application for renewal of registration must be made to the National Commissioner in the prescribed manner.
If an application for the renewal of registration has been lodged within the period provided for in subsection (1), registration remains valid until the application is decided.
Subject to subsection (2), a certiï¬cate issued in terms of this Act may not be transferred.
A registered dealer who wishes to transfer the business to which the registration relates, may only transfer such business to another registered dealer.
The certiï¬cate of the dealer transferring the business must be surrendered to the National Commissioner upon the issue of a new certiï¬cate.
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 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 certiï¬cate of registration and without formal transfer of the certiï¬cate, conduct the business in question on such premises, either personally or through an agent approved by the National Commissioner in writing.
For the period pending the appointment of such executor, curator, administrator, trustee or liquidator, the person managing the affairs of the dealer concerned must, for the purposes of this subsection, be regarded as being such a dealer's executor, curator, administrator, trustee or liquidator, as the case may be.
for such period as may be prescribed; and subject to prescribed conditions.
The National Commissioner may at any time withdraw temporary registration if any condition contemplated in subsection (1)(b) is not complied with.
has in the preceding ï¬ve years, in the Republic or elsewhere, been sentenced to imprisonment without the option of a ï¬ne 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.
does not permanently reside in the Republic; or is by virtue of any other law disqualiï¬ed from carrying on a business.
is a partner in that partnership; or is a beneï¬ciary under that trust.
For the purposes of subsection (1)(a) and (b), ''preceding'' means preceding the date of the application in question.
displayed in a prominent place clearly visible to the public on the premises for which such certiï¬cate has been issued; and maintained in such a state that it can be produced undamaged and in a legible condition.
assist its members with research and development regarding matters of interest; and 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.
The National Commissioner may accredit a dealers' association in the prescribed manner.
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.
capacity to perform functions in terms of this Act; and capacity to advance the purposes of this Act.
The National Commissioner must refuse to accredit a dealers' association if the dealers' association concerned has not complied with all the requirements for accreditation.
give the dealers' association 30 days to submit written representations as to why the National Commissioner should not make the intended decision; and duly consider any such representations and the facts pertaining to the matter.
The National Commissioner must notify the dealers' association in writing of any decision taken under this section and state the reasons for and the date on which the decision takes effect in such notice.
The National Commissioner may cancel an accreditation if there is non-compliance by the dealers' association concerned with any criterion for accreditation.
give the dealers' association 30 days' notice in writing to submit written representations as to why the National Commissioner should not cancel accreditation; and duly consider any representations received, and all the facts pertaining to the matter.
keep a register of all members in the prescribed form; and submit an annual report to the National Commissioner containing such information as may be prescribed.
Section 28 applies with the necessary changes in respect of an association.
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 acquisition or disposal of second-hand goods.
the name and signature of the person who conducted the transaction on behalf of the dealer; and the date and time of the transaction, the date on which the second-hand goods were sold or an account of how and when the second-hand goods were otherwise disposed of.
If the certiï¬cate 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.
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.
A dealer must obtain and keep a copy of the identity document or passport contemplated in subsection (4).
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 ï¬ve years, calculated from the date of the relevant transaction.
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.
goods or goods for pawn, as the case may be, offered to such a dealer are stolen goods; or the appearance or aspects of an item offered to such dealer has been tampered with or there was an attempt to alter the appearance or aspects thereof in order to conceal the identity of the item, such dealer must immediately report the matter to a police official on duty at the police station in whose area the dealer carries on business.
Upon receipt of a report referred to in subsection (1), the police official involved must take down the report in the prescribed manner and immediately provide the person who made the report with the prescribed acknowledgement of receipt.
A person required to make a report in terms of subsection (1) concerning a suspicion that any other person intends to commit or has committed an offence in terms of this Act, may not continue with and carry out any transaction to which such a suspicion relates.
The police official taking down a report contemplated in subsection (2), must immediately provide the designated police officer with a copy of such report, together with any particulars regarding the registering of any investigation dockets arising from such report.
deliver goods acquired by him or her to a person or change the form or alter the appearance thereof until after the expiration date of a period of seven days from the date of acquisition thereof; or accept in pawn any ï¬rearms or ammunition as deï¬ned in section 1 of the Firearms Control Act, 2000 (Act No. 60 of 2000).
During the period contemplated in subsection (1)(d) or during any period that any pawned goods are subject to a pledge, the articles must be kept separate from all other goods of the same or similar kind and description.
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).
the exterior and trim colour; and any distinguishing mark or feature, such as microdot particulars.
his or her original identity document or passport as proof of his or her identity; and proof of registration or deregistration of the motor vehicle.
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.
A dealer must retain the copies contemplated in subsection (4) for a period of not less than ï¬ve years, calculated from the date of the relevant transaction.
Every dealer who engages in the business of recycling any controlled metal, must apply to be registered as a recycler, in addition to having to be registered in terms of section 2.
The National Commissioner must, after consideration of the application and upon being satisï¬ed that the applicant complies with all the requirements, register the applicant as a recycler and issue the prescribed certiï¬cate.
such person is registered as a recycler; or 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.
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 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.
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 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.
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).
the communication equipment's IMEI number, where applicable; and any other distinguishing mark or feature, including any serial number.
physical address; and original identity document or passport as proof of his or her identity.
A dealer must obtain and keep a copy of the identity document or passport contemplated in subsection (3).
A dealer must retain copies contemplated in subsection (4) for a period of not less than ï¬ve years, calculated from the date of the relevant transaction.
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 certiï¬cate issued by the National Commissioner.
demand immediate discontinuation of the method; and afford the dealer a period of no more than seven days to rectify such method in order to ensure compliance with the Act.
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 under this Act.
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.
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 certify in the manner that the National Commissioner may from time to time direct, that the records were inspected.
against the issue of a written receipt, seize records, books, documents or electronic data-storing devices that may be used as evidence of a contravention of any provision of this Act; and 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.
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 notiï¬cation will defeat the purpose of the search.
A police official contemplated in subsection (1) may use such force as may reasonably be necessary to overcome resistance to the entry or search.
Any entry and search in terms of subsection (1) may only be executed by day, unless the execution thereof by night is reasonable and justiï¬able.
a warrant would be issued to the police official if he or she applied for such warrant; and the delay in obtaining such warrant would defeat the purpose of the search.
Any goods seized in terms of this section must be dealt with in the manner contemplated in Chapter 2 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), which applies with the changes required by the context.
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.
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 being contravened.
the period for which the premises may be sealed off for purposes of section 29(1)(f), which may not exceed seven days; and whether the warrant authorises execution by night.
the purpose for which the warrant was issued no longer exists, whichever occurs ï¬rst.
The Minister may by notice in the Gazette, either generally or subject to such conditions as may be speciï¬ed 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 No. 51 of 1977).
the extent to and the conditions under which such powers are extended to such person; and the directives that are applicable to such person in the exercise of such powers.
contravenes or fails to comply with section 37; or contravenes or fails to comply with section 43(1), (2) or (3), is guilty of an offence.
Any person convicted of a contravention of or a failure to comply with any section mentioned in Column 1 of Schedule 3, may be sentenced to a ï¬ne or to imprisonment for a period not exceeding the period mentioned in Column 2 of that Schedule opposite the number of that section, or to both a ï¬ne and such imprisonment.
suspend or cancel any registration; and order that the second-hand goods that formed the subject of the charge against that person, be forfeited to the State.
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.
conï¬rm, set aside or amend the decision taken by the National Commissioner; or make such order with regard thereto as may be fair and practicable.
An application or notice contemplated in this Act must be lodged with the 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.
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.
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.
If a certiï¬cate issued in terms of this Act is lost or stolen, the holder of the certiï¬cate must inform the National Commissioner within 30 days of the discovery of the loss or theft.
If a certiï¬cate issued in terms of this Act is defaced, lost or stolen, the holder of the certiï¬cate must within 30 days of the discovery of the defacement, loss or theft apply to the National Commissioner in the prescribed manner for a copy of the certiï¬cate.
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.
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.
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.
The National Commissioner may, on good cause shown and on grounds which are not in conï¬ict with the objects of this Act, extend any period contemplated in this Act or condone any disqualiï¬cation contemplated in section 14.
Notwithstanding any law to the contrary, a magistrate's court has jurisdiction to impose any penalty provided for in this Act.
the times during which dealers may acquire and dispose of second-hand goods; and any ancillary or incidental administrative or procedural matter that it is necessary to prescribe for the proper implementation and administration of this Act.
associations and dealers; and second-hand goods or premises.
A regulation made under subsection (1) may provide for a penalty, for any contravention thereof or for a failure to comply therewith, of a ï¬ne or imprisonment for a period not exceeding 12 months or to both a ï¬ne and such imprisonment.
Application of Act and Promotion of Administrative Justice Act, 2000 42.
any dealer who is a member of an accredited association to the extent that the Minister by notice in the Gazette exempts members of such an association from any or all of the provisions of this Act; or any charity organisation to the extent that the Minister by notice in the Gazette exempts such charity from any or all of the provisions of this Act.
The Minister may only exempt members of associations that are accredited by the National Commissioner and capable of introducing adequate levels of self-regulation in order to achieve the objects of this Act.
Any administrative process conducted, or decision taken, in terms of this Act must be conducted or taken in accordance with the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), unless otherwise provided for in this Act.
(a) Any person who, immediately before the commencement of this Act, carried on business as a dealer must, within three months of the date of such commencement, apply for registration in terms of section 3.
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.
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.
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, identiï¬cation 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.
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).
The laws mentioned in the second column to Schedule 4 are hereby repealed to the extent set out in the third column of that Schedule.
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.
Jewellery, including unwrought precious metal as deï¬ned in the Precious Metals Act, 2005 (Act No. 27 of 2005).
Agricultural implements, including tractors, ploughs and harvesters, irrigation equipment or any part or accessory thereof.
Bicycles or any part or accessory thereof.
Household and office equipment.
Factory equipment and machinery or any part or accessory thereof.
Tyres of any vehicle or motorcycle.
Communication equipment or any part or accessory thereof.
Photographic or optical instruments or any part or accessory thereof.
Any controlled metal, or any wrought article, or any article or substance consisting wholly or principally of one or more of such metals.
Motor vehicle or any part or accessory thereof.
Vehicles or any part or accessory thereof.
Copper, aluminium, zinc, chrome, lead, white metal, nickel, tungsten, tin, ferrovanadium, ferrosilicon, ferrochrome, brass, bronze, cobalt and precious metals as deï¬ned in the Precious Metals Act, 2005 (Act No. 27 of 2005), or any article consisting wholly or principally of any of those metals.