Second Hand Goods Bill, 2005 is hereby published for general information and comment from interested parties.
To regulate the business of pawnbrokers and dealers in second-hand goods, to limit the trade in stolen goods, to promote ethical standards in the second-hand goods trade, and to provide for matters incidental thereto.
Imposition, limitation or variation of conditions by the National Commissioner IO.
"certificate" means a certificate of registration referred to in this Act together with all conditions, amendments and endorsements; "charity" means any business carried on by a charitable, religious, educational, cultural or agricultural association, organization or institution of a public nature, if all profits derived fom the business are devoted entirely to the purpose of that or any other such association, organization or institution?
Corporations Act, 1984 (Act No.
Control Act, 2000 (Act No.
lends money upon goods, wares or merchandise pledged, stored or deposited as collateral security; or a partnership; or carries on a business of taking goods in pawn.
Police Service Act, 1995 (Act No.
"previous Act" means the Second-Hand Goods Act, 1955 (Act No.
"Subscriber Identity Module" means an independent, electronically activated device designed for use in conjunction with the use of mobile 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.
Every person who engages in business as a second-hand dealer must be registered unless the person is exempted in terms of this Act.
A person other than a natural person may not be registered unless a natural person, who is not disqualified in terms of this Act to be registered, is appointed to manage and be responsible for its business.
A person managing and responsible for a business to which registration relate, is subject to the same obligations and liabilities as the registered dealer.
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 the processing of the application.
If an applicant intends to conduct business from more than one premises, or where goods are stored on additional premises, such applicant must apply for registration for each of the premises.
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 dealer.
if the individual is in partnership, the full name and identity number of every partner in the partnership; and any other prescribed information.
any other prescribed information.
The National Commissioner may require any natural person involved in the management of the applicant, including the person appointed in terms of section 2(2), to furnish all or any of the prescribed information and particulars including any fingerprint, palm-print or footprint.
If the National Commissioner is not satisfied that all the requirements for an application have been met, he or she must refuse the application and inform the applicant accordingly.
If the National Commissioner refuses a person's application for registration, such person is not entitled to lodge another application for registration within 12 months after the refusal or outcome ofthe appeal, whatever the case may be.
If the National Commissioner is satisfied that there are special circumstances in a particular case, he or she may permit a person to lodge a written application within 12 months after the refusal.
on the premises specified on the certificate; and subject to such conditions that he or she may deem necessary.
If a person other than a natural person carries on business as a dealer, the certificate must be issued in the name of the person appointed in terms of section 2(2).
Registration does not exempt a dealer from the requirements of any other legislation.
Registration remains valid for a period of five years from the date the certificate was issued.
When any information contained in the application for registration changes, an application must immediately be made to the National Commissioner in the prescribed manner for amendment of the certificate of registration.
The National Commissioner must, after consideration of the application and upon being satisfied that the applicant complies with all the requirements, amend the certificate of registration.
the classes of goods; or the physical address of the relevant business premises he or she may impose, limit or vary any or all of the conditions of registration.
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.
The National Commissioner must notify the dealer in writing of any decision taken under this section, state the reasons for and the date on which the decision takes effect.
Upon receipt of the amended certificate, the dealer must immediately hand all previous certificates relating to the registration to the police official handing over the amended certificate.
in the event of the dealer becoming unable to carry on business in terms of this or any other Act; or upon deregistration.
failed or fails to comply with any of the provisions of this Act; or did not or no longer qualifies to be registered, he or she must give notice to the dealer of his or her intention to deregister such dealer.
give the dealer 30 days to submit written representations as to why he or she should not be deregistered; and duly consider any such representations.
The National Commissioner must notify the dealer in writing of any decision taken under this section, state the reasons for and the date on which deregistration takes effect.
Upon receipt of the notice of deregistration, the dealer must immediately hand all certificates relating to the registration to the police official serving the notice.
A registered dealer who intends to renew registration must apply to the National Commissioner for renewal 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 as if it were a new application in terms of section 4 or 5.
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.
If an application for the renewal of registration has been lodged within the period provided for in subsection (I), registration remains valid until the application is decided.
A certificate issued in terms of this Act, may not be transferred.
another registered dealer; or the executor, trustee or other administrator of the estate of such dealer.
The certificate of the dealer transfemng the business must be surrendered to the National Commissioner upon issue of the new certificate.
for such period as he or she may determine; and subject to the conditions imposed by him or her.
is not complied with.
or (c); or any person who by reason of other legislation, may not carry on a business.
is a partner in a partnership; or is the main beneficiary under a trust, that company, corporation, partnership or trust may not be registered.
"preceding" means preceding the date of the application concerned.
the disqualified person applies in the prescribed manner for condonation; and the National Commissioner is of the opinion that the disqualification does not render the person unsuitable to be registered as a dealer; or the sentence has been set aside by a competent court or such a person has received a grant of amnesty or a free pardon.
Where a certificate has been issued in terms of this Act, the certificate must be displayed in a place clearly visible to the public, on each of the premises for which the certificate has been issued.
Where a certificate has been issued in terms of this Act, the certificate must be maintained in such a state that it can be produced undamaged and in a legible condition.
and advise the National Commissioner, when requested to do so, on indus;ry standards and technological developments in the industry which may affect the application of this Act.
The National Commissioner may accredit a dealers' association in accordance with such regulations as may be prescribed.
Separate sets of criteria in respect of the accreditation ofdifferent types of associations, which the National Commissioner must apply when issuing an accreditation, may be prescribed.
capacity to perform the relevant functions in terms of this Act; and capacity to advance the purposes of this Act.
association and notify the association accordingly in writing.
If the National Commissioner refuses to accredit a dealers' association, that association is not entitled to be accredited within 12 months after the refusal, unless the dealers' association can satisfy the National Commissioner that the reasons for refusal to accredit do no longer exist.
The National Commissioner may cancel an accreditation if there is non-compliance with any criterion for accreditation.
given the dealers' association 30 days' notice in writing to submit written representations as to why the National Commissioner should not cancel accreditation; and duly considered any representations received, and all the facts pertaining to the matter.
The National Commissioner must notify the dealers' association in writing of any decision taken under this section.
keep a register of all members in the prescribed format; and submit an annual report to the National Commissioner which contains such information as may be prescribed.
~t register in the prescribed format and record the prescribed particulars regarding every acquisition or disposal of goods.
the person's identity number.
the date of the transaction; the date on which the article was sold or an account of how and when the article was otherwise disposed of; and any other prescribed information.
acquisition and disposal of second-hand goods; and different classes of second-hand goods.
(4)A person acquiring goods from, or disposing of goods to a dealer must furnish such dealer with his or her hll name, physical address and the original of an identity document, or passport as proof of his or her identity.
A dealer must obtain a copy of the identity document or passport referred to in subsection (4).
and a copy of the documents referred to in subsection (4), for a period not less than five years calculated From the date of the relevant transaction.
Every entry in a register in respect of an acquisition or disposal of goods must be made contemporaneously.
Where a dealer keeps registers electronically, printouts must be made on a daily basis and retained subject to the provisions of subsection (6).
such dealer or pawnbroker must immediately report the matter to a police official on duty at the police station in whose area he or she carries on business.
The police official must note the report in an occurrence book and provide the dealer or pawnbroker with the serial number of the note in the occurrence book.
take into his or her possession goods before he or she has convinced himself or herself on reasonable grounds that the seller of the items is the owner and or titleholder thereof or duly authorized to dispose thereof; or deliver goods acquired by him or her to a person or change the form or alter the appearance thereof until afler the expiration date of a period of seven days from the date of acquisition thereof.
Duringthe period contemplated in paragraph (d) of subsection (I), the articles or goods must be kept separate from all other goods of the same or similar kind and description.
A pawnbroker must keep the prescribed register in respect of all goods taken in pawn by him or her.
A person pawning goods must furnish the pawnbroker with his or her full name, physical address and the original of an identity document, or passport as proof of his or her identity.
A pawnbroker must obtain a copy of the identity document or passport referred to in subsection (2).
A pawnbroker must retain a register referred to in subsection (1) and a copy of a document referred to in subsection (2), for five years calculated from the date of the transaction.
take into his or her possession pawned goods before he or she has convinced himself or herself on reasonable grounds that the pawner of the items is the owner and or titleholder thereof or duly authorized to dispose thereof; or accept in pawn any firearms as defined in the Firearms Control Act, 2000 (Act No. 60 of 2000).
During the period that any pawned goods are subject to a pawn agreement, such goods must be kept separate from all other goods of the same or similar kind and description.
a dealer or pawnbroker dealing in second-hand motor vehicles must keep a register in the prescribed format and record the prescribed particulars regarding every acquisition or disposal of motor vehicles.
any unique identifier, such as microdot particulars; and any other prescribed information.
physical address; and the original of an identity document, or passport as proof of his or her identity.
the original of an identity document, or passport as proof of his or her identity; and proof of registration or deregistration.
(5)A dealer must obtain a copy of every identity document or passport referred to in subsections (3) and (4), and proof of registration or deregistration.
A dealer must retain a copy of the proof ofregistration or deregistration referred to in subsection (5), for a period not less than five years calculated from the date of the relevant transaction.
"recycle" means to melt, smelt, granulate, shred, dismantle, sort, grade, cut, prepare and bale controlled metals, 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.
Every dealer who engages in business as a recycler must be registered as a recycler.
The National Commissioner must, seer 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.
No dealer or pawnbroker may recycle or cause to be recycled any controlled metalor any article or substance containing controlled metal, unlessregistered in terms of thisChapter.
such person is registered as a recycler; or in the case of precious metals, such a person is authorized under other legislation.
"communication equipment" means any wireless mobile communication equipment with IMEI capable of using SIM, including but not limited to cellular telephones, telephones, two-way radios, and accessories thereof.
a dealer or pawnbroker dealing in second-hand communication equipment must keep a register in the prescribed format and record the prescribed particulars regarding every acquisition or disposal of communication equipment.
a description of the communication equipment, including -.
his or her full physical address; and the original of an identity document, or passport asproof of his or her identity.
A dealer must obtain a copy of every identity document or passport referred to in subsection (3).
(5)A dealer must retain a copy of the proof of registration or deregistration referred to in subsection (4), for a period not less than five years calculated from the date of the relevant transaction.
allows any other person to perform any of the acts referred to in paragraph (a), or (c), is guilty of an offence.
The provisions of this Act shall not apply to any second hand goods sold or disposed of by way of public auction authorized by a warrant of execution under a judgment or order of a court of law.
produce any goods found in or on such premises for examination; or explain any entry or absence of any entry in any register, book, record or document found therein or thereon.
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 demand immediate discontinuation of the method to ensure compliance with the Act.
A dealer, pawnbroker, owner, employee or person in charge of premises referred to in subsection (I), must assist a police official as may be required, for the performance of his or her functions under this Act.
Oneach occasion when a police official inspects a register as contemplated in subsection (I)(b), he or she must sign his or her name immediately after the last entry in that register, and append his or her number, rank and the date.
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 to prevent a person fiom conducting business in contravention of this Act.
Police official may not enter upon or search any premises until he or she has 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 as contemplated in Chapter 2 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977).
A person from whom any book, record or document has been taken may, at his or her own expense and under supervision of the police official, make copies thereof or excerpts there from.
A warrant referred to in this chapter must be issued by a magistrate or a judge of the High Court, who has jurisdiction in the area where the premises in question are situated, if it appears from information on oath or solemn declaration 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 provided that such period may not exceed seven days; and whether the warrant authorizes execution by night.
one month from the date of its issue; or the purpose for which the warrant was issued no longer exists, whichever occurs first.
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 statutory body and may in like manner amend or repeal any such notice.
A police official, prior to exercising a power in terms of this Chapter must identify himself or herself to the dealer, pawnbroker, owner, employee or person in charge of the premises in question, and produce his or her appointment certificate.
A person is guilty of an offence if he or she contravenes or fails to comply with any provision of this Act.
fail or refuse to display the certificate on each of the premises for which it was issued; or fails to maintain the certificate in such a state that it can be produced undamaged and in a legible condition.
for a period not less than five years calculated !om the date of the relevant transaction?
to a police official on duty at the police station in whose area he or she carries on business.
the owner and or titleholder thereof; or duly authorized to dispose thereof deliver goods acquired by him or her to a person before the expiration date of a period of seven days from the date of acquisition thereof.
change the form or alter the appearance thereof before the expiration date of a period of seven days from the date of acquisition thereof.
fail to keep articles or goods that may not legally be disposed of, separate from all other goods of the same or similar kind and description.
take into his or her possession pawned goods before he or she has convinced himself or herself on reasonable grounds that the pawner of the items is the owner and or titleholder thereof or duly authorized to dispose thereof; or accept in pawn any firearms as defined in the Firearms Control Act, 2000 (Act No 60 of 2000).
possess any apparatus which can be used for the recycling of controlled metal or any such article or substance without being registered as a recycler or otherwise authorized under other legislation.
fail to inform the National Commissioner of the loss or theft of a certificate, within 30 days or as soon as reasonably possible after discovery of the loss or theft.
there is any change having an impact on the ability of the dealer or pawnbroker to meet all or any of the requirements for its registration in terms of this Act.
the original of an identity document, or passport; or proof of registration or deregistration.
while acquiring goods from that dealer or pawnbroker, disposing of goods to a dealer or pawning goods.
to assist or hinder a police official in the performance of his or her functions under this Act.
A regulation may provide for a fine or penalty for any contravention thereof or failure to comply therewith, of a fine or imprisonment for a period not exceeding twelve (12) months, or both a fine and imprisonment.
A person convicted of an offence mentioned in column 1 of the First Schedule, may be sentenced to a fine or imprisonment for a period not exceeding the period mentioned in column 2 of that Schedule opposite the number of that section, or both.
suspend or cancel any registration; or order that the second-hand goods which formed the subject of the charge against that person, be forfeited to the State.
the times during which dealers and pawnbrokers may acquire and dispose of second-hand goods; and any matter which is necessary or expedient to prescribe for the attainment or better attainment of the objects of this Act.
Different regulations may be made in terms of subsection (1) with reference to different categories or classes of associations, dealers or pawnbrokers, second-hand goods or classes of goods or premises.
declare any article or substance to be second-hand goods for the purposes of this Act or such parts of this Act as may be specified in such notice, and may in like manner amend or repeal any such notice.
A dealer or pawnbroker who is aggrieved by an administrative decision taken in terms of this Act may, in the prescribed manner, appeal to the Minister against that decision.
Commissioner; or make such order with regard thereto as he or she may deem expedient.
An application or notice contemplated in this Act must be lodged with the Station Commissioner in whose station precinct the applicant, dealer or pawnbroker, as the case may be, carries on business or stores any second-hand goods or intends to cany on business or intends to store any second-hand goods.
The mannerof services of a notice or other document to be served on or given to a person in terms of this Act may be prescribed.
This section does not apply to notices or other documents served or given during the course of any proceedings in a court of law.
by the person who has signed the document, is upon production in a court, prima facie evidence of service of the document.
If a certificate issued in tenns of this Act is lost or stolen, the holder of the certificate must inform the National Commissioner of such loss or theft within 30 days or as soon asreasonably possible after discovery of the loss or theft.
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 the National Commissioner in the prescribed form, for a copy of the certificate.
The Minister may, in writing, authorize the National Commissioner or any other police official, to exercise such power or perform such duty, except the powers referred to in sections 48 and 50.
National Commissioner may in writing delegate any power conferred on him or her and assign any duty imposed on him or her by or under this Act to any official in the service of the state or a statutory body.
An official to whom a power has been delegated or a duty has been assigned in terms of subsection (2) must exercise the power or perform the duty subject to the control and directions of the National Commissioner.
The National Commissioner may extend any period contemplated in this Act on good cause shown.
A magistrates' court shall have jurisdiction to impose any penalty provided for under this Act.
A person who immediately prior to the date of commencement of this Act carried on a business as a dealer or pawnbroker must, within a period of 90 days from commencement, 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 during the period from the date of commencement of this Act and up to and including the last day of the said period or extended period as the case may be.
An entry referred to in subsection (1) must set out a full description of the second-hand goods in question, indicating the quantity and colour thereof, identification marks and any other distinguishing features thereon and, in the case of non-ferrous and precious metal, its description and weight and the value thereof as estimated by the dealer or pawnbroker concerned.
The Station Commissioner or the police official authorised by him or her must endorse the last entry in such register and on each page thereof.
a dealer or pawnbroker who disposes of second-hand goods referred to in subsection (I), or a pawnbroker who redeems a pawn agreement or otherwise disposes of pawned goods in terms of subsection (2).
A person referred to in subsection (1) who contravenes or fails to comply with any of the provisions of this section shall be guilty of an offence and on conviction be liable to a fine or imprisonment not exceeding 3 years imprisonment or both such fine and imprisonment.
The Second-hand Goods Act, 1955 (Act No. 23 of 1955), is hereby repealed.
This Act is called the Second Hand Goods Act 2005 and comes into operation on a date determined by the President by proclamation in the Gazette.
jewellery including unwrought precious metal as defined by the Mining Rights Act 1967 (Act No.