- Definitions
- Application of Act
- PART I REQUIREMENTS TO CARRY ON BUSINESS IN SECOND HAND GOODS OR AS PAWNBROKER
- PART II FURTHER PROVISIONS RELATING TO DEALERS
- PART III FURTHER PROVISIONS RELATING TO PAWNBROKERS
- PART IV MISCELLANEOUS
- Further restrictions on dealing in second hand goods and taking goods in pawn
- False information and stolen goods
- Provisions relating to copper or brass
- Verifying entries made in registers by manager, agent or employee
- Powers of police
- Transfer of certificate
- Regulations
- Offences and penalties
- Cancellation or suspension of exemption or certificate by court
- Jurisdiction of magistrates' courts
- Transitional provisions
- Short title and commencement
GOVERNMENT GAZETTE
OFTHE
REPUBLIC OF NAMIBIA
N$3.26 WINDHOEK -17 September 1998 No. 1955
CONTENTS
Page
GOVERNMENT NOTICE
No. 236 Promulgation of Second Hand Goods Act, 1998 (Act 23 of 1998),
of the Parliament ...............................................................................................
Government Notice
OFFICE OF THE PRIME MINISTER
No. 236 1998
PROMULGATION OF ACT
OF PARLIAMENT
The following Act which has been passed by the Parliament and signed by the President in terms of the Namibian Constitution is hereby published in terms of Article 56 of that Constitution.
No. 23 of 1998: Second Hand Goods Act, 1998.
ACT
To regulate the business of dealers in second hand goods and scrap metal, auctioneers and pawnbrokers; and to provide for incidental matters.
(Signed by the President on 3 September 1998)
ARRANGEMENT OF ACT
Section - Definitions
- Application of Act
PART I
REQUIREMENTS TO CARRY ON BUSINESS IN
SECOND HAND GOODS OR AS PAWNBROKER
3. Certificate required 4. Granting, amendment and withdrawal of certificate 5. Period of validity of certificate 6. Appeals PART II FURTHER PROVISIONS RELATING TO DEALERS
7. 8. Records by dealers Obtaining of information FURTHER PROVISIONS PART III RELATING TO PAWN BROKERS
9. Records by pawnbrokers 10. Restriction on pawnbrokers 11. Identification of pawned goods and issue of pawn ticket
Act No. 23, 1998 SECONDHANDGOODSACT,1998
PART IV
MISCELLANEOUS
12. Further restrictions on dealing in second hand goods and taking goods in pawn 13. False information and stolen goods 14. Provisions relating to copper and brass 15. Verifying entries made in registers by manager, agent, or employee 16. Powers of police 17. Transfer of certificate 18. Regulations 19. Offences and penalties 20. Cancellation or suspension of exemption or certificate by court 21. Jurisdiction of magistrates' courts 22. Transitional provisions 23. Short title and commencement
BE IT ENACTED by the Parliament of the Republic of Namibia, as follows:Definitions
1. In this Act, unless the context otherwise indicates
"acquire" includes buying, collecting, receiving and importing into Namibia, and "acquisition" shall bear a corresponding meaning;
"certificate" means a certificate referred to in section 3, and includes a certificate referred to in section 22(3);
"dealer" means a person who carries on a business of dealing in second hand goods, and includes a scrap metal dealer and an auctioneer;
"deal in" includes acquire and dispose of;
"dispose of' includes selling, donating, lending, supplying, distributing, exporting out of Namibia and in any manner, whether for any consideration or not, transfer, exchange or deliver;
"Regional Commander" means a person appointed under section 4 of the Police
Act, 1990 (Act No.19 of 1990) to be in command of a police region;
"goods" means any article of clothing, jewellery, a motor vehicle, including any motor cycle, or any part of accessory thereof, any office or household equipment, any photographic or optical instrument or any part or accessory thereof, any wrought article consisting wholly or principally of gold, silver or steel, any antique, any ferrous metal, lead, copper, tin, aluminium, brass or zinc or any article or substance consisting wholly or principally of one or more of such metals, including scrap metal, and any other article or substance which the Minister may under section 2(2) declare to be goods for the purposes of this Act;
"Inspector-General" means the person appointed as Inspector-General of Police under Article 116 of the Namibian Constitution;
"Minister" means the Minister of Home Affairs;
"member of the police" means a member of the Namibian Police Force as defined in section 1 of the Police Act, 1990;
"officer in charge of a police station" means the member of the police appointed as the officer in charge of a police station;
"pawnbroker" means a person who carries on a business of taking goods in pawn;
"pawned goods" means any movable goods subject to a pledge;
"pawner" means a person who delivers movable goods for pawn to a pawnbroker;
"prescribed" means prescribed by regulation;
"register" includes a register kept by means of a computer as defined in section 1 of the Computer Evidence Act, 1985 (Act No. 32 of 1985);
"scrap metal dealer" means a person who carries on a business which consists wholly or partly of the buying or selling of scrap metal, whether the scrap metal
Act No. 23, 1998 SECONDHANDGOODSACT,1998
sold is in the form in which it was acquired or otherwise, but excludes any person who carries on a business where scrap metal is bought as materials for the manufacture of other articles and such scrap metal is not sold except as a by-product of such manufacture or as surplus materials bought but not required for such manufacture;
"scrap metal" includes any used, broken, worn-out, defaced or partly manufactured goods made wholly or partly of ferrous metal, lead, copper, tin, aluminium, brass, or zinc, or any substance of metallic waste or die made of any of the materials commonly known as hard metals or of cemented or sintered metallic carbides;
"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;
"sell" includes agree to sell, or mark with a selling price, display, advertise, offer or attempt to sell, or exchange, deliver or dispose of for any consideration, or sell by auction or by way of a credit agreement as defined in the Credit Agreements Act, 1980 (Act No. 75 of 1980);
"this Act" includes the regulations made thereunder.
Application of Act
2. (1) This Act shall not apply to - (a)
- any second hand goods sold or disposed of in terms of a writ of execution under a judgement or order of a court of law;
- (b)
- a person who acquires second hand goods for repair of articles normally repaired by him or her in the course of his or her business;
- (c)
- the seller of goods which had been subject to a credit agreement as defined in the Credit Agreements Act, 1980, and which were returned to him or her in terms of that Act where the purchaser has failed to comply with a term of such agreement; and
- (d)
- any second hand goods referred to in paragraph (a) (i) of subsection
(2) or a person referred to in paragraph (b) of that subsection.
- (2)
- The Minister may
- (a)
- by notice in the Gazette
- (i)
- exclude from the operation of any or all of the provisions of this Act any second hand goods or any class of such goods;
- (ii)
- declare any article or substance to be 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; or
(b) by notice in writing addressed to any person exempt, on such conditions as he or she may determine, such person from compliance with any or all of the provisions of this Act, and may in like manner amend or withdraw any such notice.
PART I
REQUIREMENTS TO CARRY ON BUSINESS IN
SECOND HAND GOODS OR AS PAWNBROKER
Certificate required
3. (1) Subject to sections 22(1) and (2), no person shall from the date of commencement of this Act carryon a business as a dealer or pawnbroker, except under the authority of, and to the extent specified in, a certificate granted to him or her under section 4. - (2)
- Where two or more persons carryon business as dealers or pawnbrokers in a partnership on the same premises, only one certificate shall be issued in the name of that partnership for that purpose.
- (3)
- In so far as this section provides for a limitation of a fundamental freedom contemplated in Article 21 of the Namibian Constitution, in that it authorizes a limitation upon a person's right to carry on any occupation, trade or
business, such limitation is enacted on authority of Sub-Article (2) of that Article.
Granting, amendment and withdrawal of certificate
4. (1) An application for a certificate required under section 3 shall be lodged in the prescribed form, together with the prescribed fee and prescribed particulars or information, if any, to be furnished with such application, with the Regional Commander of the police region within which the applicant intends to carry on a business referred to in that section, or with the officer in charge of a police station within such region.
(2) The Regional Commander or the officer in charge referred to in subsection (1) shall forward an application referred to in that section which has been lodged with him or her, together with his or her recommendations thereon, to the Inspector-General.
(3) (a) The Inspector-General, or a member of the police authorised thereto by the Inspector-General, may, after consideration of the application and recommendation referred to in subsection
(2), and upon being satisfied that the applicant has not at any time been found guilty of an offence involving dishonesty, grant the application and issue a certificate authorising the applicant to carry on the business in question, and, where applicable, to deal in all classes or kinds of second hand goods or such classes or kinds of second hand goods as the Inspector-General or such member of the
police, as the case may be, may determine and specify or cause to be specified in the certificate in question.
(b) The Minister may, upon application and if in his or her opinion good reasons exists, in writing declare a person to be released from the disqualification referred to in paragraph (a) with regard to having been found guilty of an offence involving dishonesty. - (4)
- A certificate referred to in subsection (3) may, in addition to a condition referred to in that subsection and such conditions as may be prescribed, be made subject to such other conditions as the Inspector-General or member of the police contemplated in that subsection, as the case may be, may determine and set out or cause to be set out in such certificate.
- (5)
- The Inspector-General, or a member of the police authorised thereto by the Inspector-General, may
- (a)
- amend a certificate to correct an error therein; or
- (b)
- on the application of the person to whom a certificate has been granted, amend or withdraw in such certificate any condition other than a prescribed condition.
- (6)
- An application referred to in subsection (5)(b) shall be lodged in writing, together with the prescribed fee, if any, with the Regional Commander of the police region within which the business in question is being carried on or with the officer in charge of a police station within such region, who shall forward such application, together with his or her recommendation thereon, to the Inspector-General.
(7) The Inspector-General may at any time during the period of validity
of a certificate, and after having afforded the dealer or pawnbroker concerned an opportunity to be heard, withdraw such certificate if he or she is satisfied that the dealer or pawnbroker to whom such certificate has been granted has refused or failed to comply with any condition of such certificate. - (8)
- An applicant shall in writing be notified of any decision taken under subsection (3), (5) or (7).
- (9)
- In so far as this section provides for a limitation of a fundamental freedom contemplated in Article 21 of the Namibian Constitution, in that it authorizes a limitation upon a person's right to carry on any occupation, trade or business, such limitation is enacted on authority of Sub-Article (2) of that Article.
Act No. 23, 1998 SECONDHANDGOODSACT,1998
Period of validity of certificate
5. A certificate shall expire on a date three years from the date of issue thereof.
Appeals
6. (1) Any person who is aggrieved by a decision taken in terms of subsection (3), (5) or (7) of section 4 may, within 30 days of receiving the notice referred to in subsection (8) of that section, appeal in writing to the Minister against that decision.
(2) The Minister may in respect of an appeal lodged in terms of subsection (1), upon consideration of the grounds of appeal and after consultation with the Inspector-General - (a)
- confirm, set aside, or amend the decision in question; or
- (b)
- make such order with regard thereto as he or she may deem expedient.
PART II
FURTHER PROVISIONS RELATING TO DEALERS
Records by dealers
7. (1) Subject to subsection (2), every dealer shall keep in the official language registers of all his or her dealings in second hand goods. - (2)
- Separate registers shall be kept in respect of acquisitions and disposals of goods referred to in subsection (1) and, if the Minister by notice in the Gazette so directs, also in respect of different classes of such goods as may be specified in such notice.
- (3)
- Every dealer shall record, in respect of every acquisition or disposal of second hand goods, in the relevant register referred to in subsection (2)
Act No. 23, 1998 SECOND HAND GOODS ACT, 1998
1. ~v. .l7J.J - (a)
- the name, address and identity number of the person from whom such goods are acquired or to whom such goods are disposed of, and where such person is a dealer, his or her business address;
- (b)
- the date and time of acquisition or disposal of such goods and of delivery or removal thereof at or from the dealer's premises;
- (c)
- the consideration given or received for such goods;
- (d)
- a full description of such goods, indicating the quantity and colour thereof, any identification marks and any other distinguishing features thereon and, subject to paragraph (h), the form in which any metals are acquired or disposed of;
- (e)
- the number assigned to such goods by the dealer under subsection
(9) at the time of acquisition thereof;
- (f)
- in the case of a motor vehicle, the number of the engine, chassis and registration, respectively; and
- (h)
- in the case of scrap metal
- (i)
- the description and weight of the scrap metal at the time of its acquisition and disposal; and
- (ii)
- the value of the scrap metal at the time of its acquisition and disposal as estimated by such dealer.
(4) Any person acquiring second hand goods from or disposing second hand goods to a dealer shall furnish such dealer his or her full name, address and the original of any document of proof of his or her identity, provided that such document bears a photograph of such person. - (5)
- A dealer shall obtain a photocopy of
- (a)
- the document referred to in subsection (4); and
Act No. 23, 1998 SECONDHANDGOODSACT,1998 - (b)
- where applicable, the written authorization referred to in section 14(1)(b).
- (6)
- Any
- (a)
- register which a dealer has to keep under subsection (2);
- (b)
- photocopy referred to in subsection (5),
shall be retained by the dealer concerned for a period of three years from the date of the transaction to which it relates. - (7)
- A dealer shall, during the period referred to in subsection (6), on demand of a member of the police make a register or photocopy which he or she has to retain under that subsection available for inspection by such member, and such member may seize any such register, photocopy or written authorisation which he or she on reasonable grounds believes afford evidence of a contravention of a provision of this Act or the commission of any other offence.
- (8)
- An entry to be made under subsection (3) in respect of every acquisition or disposal of second hand goods by a dealer shall be effected at the time such acquisition or disposal takes place: Provided that in the case of goods disposed of at a public auction, the entry in respect of such disposal shall be made at any time within 24 hours after such auction has taken place.
- (9)
- For the purposes of paragraph (e) of subsection (3), a dealer shall assign a number to every article of second hand goods acquired by him or her, a new series of numbers being commenced for each month, and the number assigned to any such goods shall be marked by such dealer on such goods or, in the case of goods acquired in bulk, on the container thereof.
Obtaining of information
8. The Minister may by notice - (a)
- in the Gazette order any dealer or pawnbroker; or
- (b)
- in writing addressed to any dealer or pawnbroker order such dealer
or pawnbroker, who is dealing in or has dealt in any second hand goods or has taken in pawn any goods specified in that notice to furnish the Inspector-General with such information or documentation and within such time as may be so specified.
PART III FURTHER PROVISIONS RELATING TO PAWNBROKERS Records by pawnbrokers
9. (1) Every pawnbroker shall in the official language keep a register, in which shall be recorded in respect of all goods taken in pawn by him orher - (a)
- the name, address and identity number of the person from whom such pawned goods are received;
- (b)
- the date and time of taking the goods in question in pawn;
- (c)
- a full description of the goods taken in pawn, indicating any identification marks and any other distinguishing features thereon and, in the case of metals, the type and form of such metals;
- (d)
- the number assigned to both the pawned goods and the relevant pawn ticket issued under section 12 in respect thereof; and
- (e)
- the date and time the pawned goods are redeemed or otherwise disposed of.
(2) Any person pawning goods shall furnish the pawnbroker with his or her full name, address and the original of any document of proof of his or her identity, provided that such document bears a photograph of such person.
Act No. 23, 1998 SECONDHANDGOODSACT,1998 - (3)
- A pawnbroker shall obtain a photocopy of
- (a)
- the document referred to in subsection (2); and
- (b)
- where applicable, the written authorization referred to in section 14(1)(b).
- (4)
- Any
- (a)
- register which a pawnbroker has to keep under subsection (1); or
- (b)
- photocopy referred to in subsection (3),
shall be retained by the pawnbroker concerned for a period of three years from the date of the transaction to which it relates.
(5) A pawnbroker shall, during the period referred to in subsection
(4), on demand of a member of the police make a register or photocopy which he or she has to retain under that subsection available for inspection by such member, and such member may seize any such register, photocopy or written authorisation which he or she on reasonable grounds believes afford evidence of a contravention of a provision of this Act or the commission of any other offence.
(6) An entry to be made under subsection (1) in respect of any goods taken in pawn by a pawnbroker shall be effected at the time such goods are taken in pawn by him or her.
Restrictions on pawnbrokers
10. No pawnbroker shall purchase or take in pawn a pawn ticket issued by himself or herself or any other pawnbroker.
Identification of pawned goods and issue of pawn ticket
11. (1) Every article taken in pawn shall be identified by a number assigned to such article by the pawnbroker concerned and such number shall correspond with the number of a pawn ticket issued in respect of that article by
that pawnbroker, and the number so assigned shall be marked on the article in question or, in the case of goods in bulk, on the container thereof.
(2) A pawn ticket shall be issued by the pawnbroker to the pawner at the time of taking the goods in question in pawn.
PART IV
MISCELLANEOUS
Further restrictions on dealing in second hand goods and taking goods in pawn
12. No dealer or pawnbroker shall -
OFTHE
REPUBLIC OF NAMIBIA
N$3.26 WINDHOEK -17 September 1998 No. 1955
CONTENTS
Page
GOVERNMENT NOTICE
No. 236 Promulgation of Second Hand Goods Act, 1998 (Act 23 of 1998),
of the Parliament ...............................................................................................
Government Notice
OFFICE OF THE PRIME MINISTER
No. 236 1998
PROMULGATION OF ACT
OF PARLIAMENT
The following Act which has been passed by the Parliament and signed by the President in terms of the Namibian Constitution is hereby published in terms of Article 56 of that Constitution.
No. 23 of 1998: Second Hand Goods Act, 1998.
ACT
To regulate the business of dealers in second hand goods and scrap metal, auctioneers and pawnbrokers; and to provide for incidental matters.
(Signed by the President on 3 September 1998)
ARRANGEMENT OF ACT
Section - Definitions
- Application of Act
PART I
REQUIREMENTS TO CARRY ON BUSINESS IN
SECOND HAND GOODS OR AS PAWNBROKER
3. Certificate required 4. Granting, amendment and withdrawal of certificate 5. Period of validity of certificate 6. Appeals PART II FURTHER PROVISIONS RELATING TO DEALERS
7. 8. Records by dealers Obtaining of information FURTHER PROVISIONS PART III RELATING TO PAWN BROKERS
9. Records by pawnbrokers 10. Restriction on pawnbrokers 11. Identification of pawned goods and issue of pawn ticket
Act No. 23, 1998 SECONDHANDGOODSACT,1998
PART IV
MISCELLANEOUS
12. Further restrictions on dealing in second hand goods and taking goods in pawn 13. False information and stolen goods 14. Provisions relating to copper and brass 15. Verifying entries made in registers by manager, agent, or employee 16. Powers of police 17. Transfer of certificate 18. Regulations 19. Offences and penalties 20. Cancellation or suspension of exemption or certificate by court 21. Jurisdiction of magistrates' courts 22. Transitional provisions 23. Short title and commencement
BE IT ENACTED by the Parliament of the Republic of Namibia, as follows:Definitions
1. In this Act, unless the context otherwise indicates
"acquire" includes buying, collecting, receiving and importing into Namibia, and "acquisition" shall bear a corresponding meaning;
"certificate" means a certificate referred to in section 3, and includes a certificate referred to in section 22(3);
"dealer" means a person who carries on a business of dealing in second hand goods, and includes a scrap metal dealer and an auctioneer;
"deal in" includes acquire and dispose of;
"dispose of' includes selling, donating, lending, supplying, distributing, exporting out of Namibia and in any manner, whether for any consideration or not, transfer, exchange or deliver;
"Regional Commander" means a person appointed under section 4 of the Police
Act, 1990 (Act No.19 of 1990) to be in command of a police region;
"goods" means any article of clothing, jewellery, a motor vehicle, including any motor cycle, or any part of accessory thereof, any office or household equipment, any photographic or optical instrument or any part or accessory thereof, any wrought article consisting wholly or principally of gold, silver or steel, any antique, any ferrous metal, lead, copper, tin, aluminium, brass or zinc or any article or substance consisting wholly or principally of one or more of such metals, including scrap metal, and any other article or substance which the Minister may under section 2(2) declare to be goods for the purposes of this Act;
"Inspector-General" means the person appointed as Inspector-General of Police under Article 116 of the Namibian Constitution;
"Minister" means the Minister of Home Affairs;
"member of the police" means a member of the Namibian Police Force as defined in section 1 of the Police Act, 1990;
"officer in charge of a police station" means the member of the police appointed as the officer in charge of a police station;
"pawnbroker" means a person who carries on a business of taking goods in pawn;
"pawned goods" means any movable goods subject to a pledge;
"pawner" means a person who delivers movable goods for pawn to a pawnbroker;
"prescribed" means prescribed by regulation;
"register" includes a register kept by means of a computer as defined in section 1 of the Computer Evidence Act, 1985 (Act No. 32 of 1985);
"scrap metal dealer" means a person who carries on a business which consists wholly or partly of the buying or selling of scrap metal, whether the scrap metal
Act No. 23, 1998 SECONDHANDGOODSACT,1998
sold is in the form in which it was acquired or otherwise, but excludes any person who carries on a business where scrap metal is bought as materials for the manufacture of other articles and such scrap metal is not sold except as a by-product of such manufacture or as surplus materials bought but not required for such manufacture;
"scrap metal" includes any used, broken, worn-out, defaced or partly manufactured goods made wholly or partly of ferrous metal, lead, copper, tin, aluminium, brass, or zinc, or any substance of metallic waste or die made of any of the materials commonly known as hard metals or of cemented or sintered metallic carbides;
"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;
"sell" includes agree to sell, or mark with a selling price, display, advertise, offer or attempt to sell, or exchange, deliver or dispose of for any consideration, or sell by auction or by way of a credit agreement as defined in the Credit Agreements Act, 1980 (Act No. 75 of 1980);
"this Act" includes the regulations made thereunder.
Application of Act
2. (1) This Act shall not apply to - (a)
- any second hand goods sold or disposed of in terms of a writ of execution under a judgement or order of a court of law;
- (b)
- a person who acquires second hand goods for repair of articles normally repaired by him or her in the course of his or her business;
- (c)
- the seller of goods which had been subject to a credit agreement as defined in the Credit Agreements Act, 1980, and which were returned to him or her in terms of that Act where the purchaser has failed to comply with a term of such agreement; and
- (d)
- any second hand goods referred to in paragraph (a) (i) of subsection
(2) or a person referred to in paragraph (b) of that subsection.
- (2)
- The Minister may
- (a)
- by notice in the Gazette
- (i)
- exclude from the operation of any or all of the provisions of this Act any second hand goods or any class of such goods;
- (ii)
- declare any article or substance to be 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; or
(b) by notice in writing addressed to any person exempt, on such conditions as he or she may determine, such person from compliance with any or all of the provisions of this Act, and may in like manner amend or withdraw any such notice.
PART I
REQUIREMENTS TO CARRY ON BUSINESS IN
SECOND HAND GOODS OR AS PAWNBROKER
Certificate required
3. (1) Subject to sections 22(1) and (2), no person shall from the date of commencement of this Act carryon a business as a dealer or pawnbroker, except under the authority of, and to the extent specified in, a certificate granted to him or her under section 4. - (2)
- Where two or more persons carryon business as dealers or pawnbrokers in a partnership on the same premises, only one certificate shall be issued in the name of that partnership for that purpose.
- (3)
- In so far as this section provides for a limitation of a fundamental freedom contemplated in Article 21 of the Namibian Constitution, in that it authorizes a limitation upon a person's right to carry on any occupation, trade or
business, such limitation is enacted on authority of Sub-Article (2) of that Article.
Granting, amendment and withdrawal of certificate
4. (1) An application for a certificate required under section 3 shall be lodged in the prescribed form, together with the prescribed fee and prescribed particulars or information, if any, to be furnished with such application, with the Regional Commander of the police region within which the applicant intends to carry on a business referred to in that section, or with the officer in charge of a police station within such region.
(2) The Regional Commander or the officer in charge referred to in subsection (1) shall forward an application referred to in that section which has been lodged with him or her, together with his or her recommendations thereon, to the Inspector-General.
(3) (a) The Inspector-General, or a member of the police authorised thereto by the Inspector-General, may, after consideration of the application and recommendation referred to in subsection
(2), and upon being satisfied that the applicant has not at any time been found guilty of an offence involving dishonesty, grant the application and issue a certificate authorising the applicant to carry on the business in question, and, where applicable, to deal in all classes or kinds of second hand goods or such classes or kinds of second hand goods as the Inspector-General or such member of the
police, as the case may be, may determine and specify or cause to be specified in the certificate in question.
(b) The Minister may, upon application and if in his or her opinion good reasons exists, in writing declare a person to be released from the disqualification referred to in paragraph (a) with regard to having been found guilty of an offence involving dishonesty. - (4)
- A certificate referred to in subsection (3) may, in addition to a condition referred to in that subsection and such conditions as may be prescribed, be made subject to such other conditions as the Inspector-General or member of the police contemplated in that subsection, as the case may be, may determine and set out or cause to be set out in such certificate.
- (5)
- The Inspector-General, or a member of the police authorised thereto by the Inspector-General, may
- (a)
- amend a certificate to correct an error therein; or
- (b)
- on the application of the person to whom a certificate has been granted, amend or withdraw in such certificate any condition other than a prescribed condition.
- (6)
- An application referred to in subsection (5)(b) shall be lodged in writing, together with the prescribed fee, if any, with the Regional Commander of the police region within which the business in question is being carried on or with the officer in charge of a police station within such region, who shall forward such application, together with his or her recommendation thereon, to the Inspector-General.
(7) The Inspector-General may at any time during the period of validity
of a certificate, and after having afforded the dealer or pawnbroker concerned an opportunity to be heard, withdraw such certificate if he or she is satisfied that the dealer or pawnbroker to whom such certificate has been granted has refused or failed to comply with any condition of such certificate. - (8)
- An applicant shall in writing be notified of any decision taken under subsection (3), (5) or (7).
- (9)
- In so far as this section provides for a limitation of a fundamental freedom contemplated in Article 21 of the Namibian Constitution, in that it authorizes a limitation upon a person's right to carry on any occupation, trade or business, such limitation is enacted on authority of Sub-Article (2) of that Article.
Act No. 23, 1998 SECONDHANDGOODSACT,1998
Period of validity of certificate
5. A certificate shall expire on a date three years from the date of issue thereof.
Appeals
6. (1) Any person who is aggrieved by a decision taken in terms of subsection (3), (5) or (7) of section 4 may, within 30 days of receiving the notice referred to in subsection (8) of that section, appeal in writing to the Minister against that decision.
(2) The Minister may in respect of an appeal lodged in terms of subsection (1), upon consideration of the grounds of appeal and after consultation with the Inspector-General - (a)
- confirm, set aside, or amend the decision in question; or
- (b)
- make such order with regard thereto as he or she may deem expedient.
PART II
FURTHER PROVISIONS RELATING TO DEALERS
Records by dealers
7. (1) Subject to subsection (2), every dealer shall keep in the official language registers of all his or her dealings in second hand goods. - (2)
- Separate registers shall be kept in respect of acquisitions and disposals of goods referred to in subsection (1) and, if the Minister by notice in the Gazette so directs, also in respect of different classes of such goods as may be specified in such notice.
- (3)
- Every dealer shall record, in respect of every acquisition or disposal of second hand goods, in the relevant register referred to in subsection (2)
Act No. 23, 1998 SECOND HAND GOODS ACT, 1998
1. ~v. .l7J.J - (a)
- the name, address and identity number of the person from whom such goods are acquired or to whom such goods are disposed of, and where such person is a dealer, his or her business address;
- (b)
- the date and time of acquisition or disposal of such goods and of delivery or removal thereof at or from the dealer's premises;
- (c)
- the consideration given or received for such goods;
- (d)
- a full description of such goods, indicating the quantity and colour thereof, any identification marks and any other distinguishing features thereon and, subject to paragraph (h), the form in which any metals are acquired or disposed of;
- (e)
- the number assigned to such goods by the dealer under subsection
(9) at the time of acquisition thereof;
- (f)
- in the case of a motor vehicle, the number of the engine, chassis and registration, respectively; and
- (h)
- in the case of scrap metal
- (i)
- the description and weight of the scrap metal at the time of its acquisition and disposal; and
- (ii)
- the value of the scrap metal at the time of its acquisition and disposal as estimated by such dealer.
(4) Any person acquiring second hand goods from or disposing second hand goods to a dealer shall furnish such dealer his or her full name, address and the original of any document of proof of his or her identity, provided that such document bears a photograph of such person. - (5)
- A dealer shall obtain a photocopy of
- (a)
- the document referred to in subsection (4); and
Act No. 23, 1998 SECONDHANDGOODSACT,1998 - (b)
- where applicable, the written authorization referred to in section 14(1)(b).
- (6)
- Any
- (a)
- register which a dealer has to keep under subsection (2);
- (b)
- photocopy referred to in subsection (5),
shall be retained by the dealer concerned for a period of three years from the date of the transaction to which it relates. - (7)
- A dealer shall, during the period referred to in subsection (6), on demand of a member of the police make a register or photocopy which he or she has to retain under that subsection available for inspection by such member, and such member may seize any such register, photocopy or written authorisation which he or she on reasonable grounds believes afford evidence of a contravention of a provision of this Act or the commission of any other offence.
- (8)
- An entry to be made under subsection (3) in respect of every acquisition or disposal of second hand goods by a dealer shall be effected at the time such acquisition or disposal takes place: Provided that in the case of goods disposed of at a public auction, the entry in respect of such disposal shall be made at any time within 24 hours after such auction has taken place.
- (9)
- For the purposes of paragraph (e) of subsection (3), a dealer shall assign a number to every article of second hand goods acquired by him or her, a new series of numbers being commenced for each month, and the number assigned to any such goods shall be marked by such dealer on such goods or, in the case of goods acquired in bulk, on the container thereof.
Obtaining of information
8. The Minister may by notice - (a)
- in the Gazette order any dealer or pawnbroker; or
- (b)
- in writing addressed to any dealer or pawnbroker order such dealer
or pawnbroker, who is dealing in or has dealt in any second hand goods or has taken in pawn any goods specified in that notice to furnish the Inspector-General with such information or documentation and within such time as may be so specified.
PART III FURTHER PROVISIONS RELATING TO PAWNBROKERS Records by pawnbrokers
9. (1) Every pawnbroker shall in the official language keep a register, in which shall be recorded in respect of all goods taken in pawn by him orher - (a)
- the name, address and identity number of the person from whom such pawned goods are received;
- (b)
- the date and time of taking the goods in question in pawn;
- (c)
- a full description of the goods taken in pawn, indicating any identification marks and any other distinguishing features thereon and, in the case of metals, the type and form of such metals;
- (d)
- the number assigned to both the pawned goods and the relevant pawn ticket issued under section 12 in respect thereof; and
- (e)
- the date and time the pawned goods are redeemed or otherwise disposed of.
(2) Any person pawning goods shall furnish the pawnbroker with his or her full name, address and the original of any document of proof of his or her identity, provided that such document bears a photograph of such person.
Act No. 23, 1998 SECONDHANDGOODSACT,1998 - (3)
- A pawnbroker shall obtain a photocopy of
- (a)
- the document referred to in subsection (2); and
- (b)
- where applicable, the written authorization referred to in section 14(1)(b).
- (4)
- Any
- (a)
- register which a pawnbroker has to keep under subsection (1); or
- (b)
- photocopy referred to in subsection (3),
shall be retained by the pawnbroker concerned for a period of three years from the date of the transaction to which it relates.
(5) A pawnbroker shall, during the period referred to in subsection
(4), on demand of a member of the police make a register or photocopy which he or she has to retain under that subsection available for inspection by such member, and such member may seize any such register, photocopy or written authorisation which he or she on reasonable grounds believes afford evidence of a contravention of a provision of this Act or the commission of any other offence.
(6) An entry to be made under subsection (1) in respect of any goods taken in pawn by a pawnbroker shall be effected at the time such goods are taken in pawn by him or her.
Restrictions on pawnbrokers
10. No pawnbroker shall purchase or take in pawn a pawn ticket issued by himself or herself or any other pawnbroker.
Identification of pawned goods and issue of pawn ticket
11. (1) Every article taken in pawn shall be identified by a number assigned to such article by the pawnbroker concerned and such number shall correspond with the number of a pawn ticket issued in respect of that article by
that pawnbroker, and the number so assigned shall be marked on the article in question or, in the case of goods in bulk, on the container thereof.
(2) A pawn ticket shall be issued by the pawnbroker to the pawner at the time of taking the goods in question in pawn.
PART IV
MISCELLANEOUS
Further restrictions on dealing in second hand goods and taking goods in pawn
12. No dealer or pawnbroker shall -
N$3.26 WINDHOEK -17 September 1998 No. 1955
CONTENTS
Page
GOVERNMENT NOTICE
No. 236 Promulgation of Second Hand Goods Act, 1998 (Act 23 of 1998), No. 236 1998
PROMULGATION OF ACT The following Act which has been passed by the Parliament and signed by the President in terms of the Namibian Constitution is hereby published in terms of Article 56 of that Constitution.
No. 23 of 1998: Second Hand Goods Act, 1998.
ACT To regulate the business of dealers in second hand goods and scrap metal, auctioneers and pawnbrokers; and to provide for incidental matters.
(Signed by the President on 3 September 1998)
ARRANGEMENT OF ACT
Section PART I Act No. 23, 1998 SECONDHANDGOODSACT,1998
PART IV BE IT ENACTED by the Parliament of the Republic of Namibia, as follows:Definitions
1. In this Act, unless the context otherwise indicates
"acquire" includes buying, collecting, receiving and importing into Namibia, and "acquisition" shall bear a corresponding meaning;
"certificate" means a certificate referred to in section 3, and includes a certificate referred to in section 22(3);
"dealer" means a person who carries on a business of dealing in second hand goods, and includes a scrap metal dealer and an auctioneer;
"deal in" includes acquire and dispose of;
"dispose of' includes selling, donating, lending, supplying, distributing, exporting out of Namibia and in any manner, whether for any consideration or not, transfer, exchange or deliver;
"Regional Commander" means a person appointed under section 4 of the Police
Act, 1990 (Act No.19 of 1990) to be in command of a police region;
"goods" means any article of clothing, jewellery, a motor vehicle, including any motor cycle, or any part of accessory thereof, any office or household equipment, any photographic or optical instrument or any part or accessory thereof, any wrought article consisting wholly or principally of gold, silver or steel, any antique, any ferrous metal, lead, copper, tin, aluminium, brass or zinc or any article or substance consisting wholly or principally of one or more of such metals, including scrap metal, and any other article or substance which the Minister may under section 2(2) declare to be goods for the purposes of this Act;
"Inspector-General" means the person appointed as Inspector-General of Police under Article 116 of the Namibian Constitution;
"Minister" means the Minister of Home Affairs;
"member of the police" means a member of the Namibian Police Force as defined in section 1 of the Police Act, 1990;
"officer in charge of a police station" means the member of the police appointed as the officer in charge of a police station;
"pawnbroker" means a person who carries on a business of taking goods in pawn;
"pawned goods" means any movable goods subject to a pledge;
"pawner" means a person who delivers movable goods for pawn to a pawnbroker;
"prescribed" means prescribed by regulation;
"register" includes a register kept by means of a computer as defined in section 1 of the Computer Evidence Act, 1985 (Act No. 32 of 1985);
"scrap metal dealer" means a person who carries on a business which consists wholly or partly of the buying or selling of scrap metal, whether the scrap metal
Act No. 23, 1998 SECONDHANDGOODSACT,1998
sold is in the form in which it was acquired or otherwise, but excludes any person who carries on a business where scrap metal is bought as materials for the manufacture of other articles and such scrap metal is not sold except as a by-product of such manufacture or as surplus materials bought but not required for such manufacture;
"scrap metal" includes any used, broken, worn-out, defaced or partly manufactured goods made wholly or partly of ferrous metal, lead, copper, tin, aluminium, brass, or zinc, or any substance of metallic waste or die made of any of the materials commonly known as hard metals or of cemented or sintered metallic carbides;
"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;
"sell" includes agree to sell, or mark with a selling price, display, advertise, offer or attempt to sell, or exchange, deliver or dispose of for any consideration, or sell by auction or by way of a credit agreement as defined in the Credit Agreements Act, 1980 (Act No. 75 of 1980);
"this Act" includes the regulations made thereunder.
Application of Act
2. (1) This Act shall not apply to and may in like manner amend or repeal any such notice; or
(b) by notice in writing addressed to any person exempt, on such conditions as he or she may determine, such person from compliance with any or all of the provisions of this Act, and may in like manner amend or withdraw any such notice.
PART I REQUIREMENTS TO CARRY ON BUSINESS IN Certificate required
3. (1) Subject to sections 22(1) and (2), no person shall from the date of commencement of this Act carryon a business as a dealer or pawnbroker, except under the authority of, and to the extent specified in, a certificate granted to him or her under section 4. business, such limitation is enacted on authority of Sub-Article (2) of that Article.
Granting, amendment and withdrawal of certificate
4. (1) An application for a certificate required under section 3 shall be lodged in the prescribed form, together with the prescribed fee and prescribed particulars or information, if any, to be furnished with such application, with the Regional Commander of the police region within which the applicant intends to carry on a business referred to in that section, or with the officer in charge of a police station within such region.
(2) The Regional Commander or the officer in charge referred to in subsection (1) shall forward an application referred to in that section which has been lodged with him or her, together with his or her recommendations thereon, to the Inspector-General.
(3) (a) The Inspector-General, or a member of the police authorised thereto by the Inspector-General, may, after consideration of the application and recommendation referred to in subsection
(2), and upon being satisfied that the applicant has not at any time been found guilty of an offence involving dishonesty, grant the application and issue a certificate authorising the applicant to carry on the business in question, and, where applicable, to deal in all classes or kinds of second hand goods or such classes or kinds of second hand goods as the Inspector-General or such member of the
police, as the case may be, may determine and specify or cause to be specified in the certificate in question.
(b) The Minister may, upon application and if in his or her opinion good reasons exists, in writing declare a person to be released from the disqualification referred to in paragraph (a) with regard to having been found guilty of an offence involving dishonesty. (7) The Inspector-General may at any time during the period of validity
of a certificate, and after having afforded the dealer or pawnbroker concerned an opportunity to be heard, withdraw such certificate if he or she is satisfied that the dealer or pawnbroker to whom such certificate has been granted has refused or failed to comply with any condition of such certificate. Act No. 23, 1998 SECONDHANDGOODSACT,1998
Period of validity of certificate
5. A certificate shall expire on a date three years from the date of issue thereof.
Appeals
6. (1) Any person who is aggrieved by a decision taken in terms of subsection (3), (5) or (7) of section 4 may, within 30 days of receiving the notice referred to in subsection (8) of that section, appeal in writing to the Minister against that decision.
(2) The Minister may in respect of an appeal lodged in terms of subsection (1), upon consideration of the grounds of appeal and after consultation with the Inspector-General PART II
FURTHER PROVISIONS RELATING TO DEALERS
Records by dealers
7. (1) Subject to subsection (2), every dealer shall keep in the official language registers of all his or her dealings in second hand goods. Act No. 23, 1998 SECOND HAND GOODS ACT, 1998
1. ~v. .l7J.J (4) Any person acquiring second hand goods from or disposing second hand goods to a dealer shall furnish such dealer his or her full name, address and the original of any document of proof of his or her identity, provided that such document bears a photograph of such person. Act No. 23, 1998 SECONDHANDGOODSACT,1998 shall be retained by the dealer concerned for a period of three years from the date of the transaction to which it relates. Obtaining of information
8. The Minister may by notice or pawnbroker, who is dealing in or has dealt in any second hand goods or has taken in pawn any goods specified in that notice to furnish the Inspector-General with such information or documentation and within such time as may be so specified.
PART III FURTHER PROVISIONS RELATING TO PAWNBROKERS Records by pawnbrokers
9. (1) Every pawnbroker shall in the official language keep a register, in which shall be recorded in respect of all goods taken in pawn by him orher (2) Any person pawning goods shall furnish the pawnbroker with his or her full name, address and the original of any document of proof of his or her identity, provided that such document bears a photograph of such person.
Act No. 23, 1998 SECONDHANDGOODSACT,1998 shall be retained by the pawnbroker concerned for a period of three years from the date of the transaction to which it relates.
(5) A pawnbroker shall, during the period referred to in subsection
(4), on demand of a member of the police make a register or photocopy which he or she has to retain under that subsection available for inspection by such member, and such member may seize any such register, photocopy or written authorisation which he or she on reasonable grounds believes afford evidence of a contravention of a provision of this Act or the commission of any other offence.
(6) An entry to be made under subsection (1) in respect of any goods taken in pawn by a pawnbroker shall be effected at the time such goods are taken in pawn by him or her.
Restrictions on pawnbrokers
10. No pawnbroker shall purchase or take in pawn a pawn ticket issued by himself or herself or any other pawnbroker.
Identification of pawned goods and issue of pawn ticket
11. (1) Every article taken in pawn shall be identified by a number assigned to such article by the pawnbroker concerned and such number shall correspond with the number of a pawn ticket issued in respect of that article by
that pawnbroker, and the number so assigned shall be marked on the article in question or, in the case of goods in bulk, on the container thereof.
(2) A pawn ticket shall be issued by the pawnbroker to the pawner at the time of taking the goods in question in pawn.
PART IV 12. No dealer or pawnbroker shall
of the Parliament ...............................................................................................
Government Notice
OFFICE OF THE PRIME MINISTER
OF PARLIAMENT
REQUIREMENTS TO CARRY ON BUSINESS IN
SECOND HAND GOODS OR AS PAWNBROKER
3. Certificate required 4. Granting, amendment and withdrawal of certificate 5. Period of validity of certificate 6. Appeals PART II FURTHER PROVISIONS RELATING TO DEALERS
7. 8. Records by dealers Obtaining of information FURTHER PROVISIONS PART III RELATING TO PAWN BROKERS
9. Records by pawnbrokers 10. Restriction on pawnbrokers 11. Identification of pawned goods and issue of pawn ticket
MISCELLANEOUS
12. Further restrictions on dealing in second hand goods and taking goods in pawn 13. False information and stolen goods 14. Provisions relating to copper and brass 15. Verifying entries made in registers by manager, agent, or employee 16. Powers of police 17. Transfer of certificate 18. Regulations 19. Offences and penalties 20. Cancellation or suspension of exemption or certificate by court 21. Jurisdiction of magistrates' courts 22. Transitional provisions 23. Short title and commencement
SECOND HAND GOODS OR AS PAWNBROKER
MISCELLANEOUS
Further restrictions on dealing in second hand goods and taking goods in pawn