Second Hand Goods Act

South Africa (Act 6 of 2009)

This act came into effect to regulate the business of dealers in secondhand goods and pawnbrokers in order to combat trade in stolen goods.

Coming into effect on 30 April 2012, the act also aims to promote ethical standards in the secondhand goods trade and to provide for matters connected therewith. Since then law enforcement clamped down on different types of secondhand goods being sold and businesses and independent buyers have been fined for not being registered.

The act implies that the buyer of stolen goods is as guilty as the criminal stealing the goods. If you buy stolen goods, you too are as guilty as the thief who stole the goods, warns the police.

How to Register

Natural person:

• Two colour ID photos of the applicant not older than three months.

• Certified copy of an official RSA ID (or accepted form of identity as per paragraph 6(11)) of the applicant and every person responsible for the day-to-day management of the business.

• Certified copy of relevant utility account or lease agreement verifying the address of the premises.

Juristic person (company, closed corporation, trust or partnership):

• Two colour ID photos of the applicant not older than three months.

• Certified copy of an official RSA ID of the applicant and every person responsible for the day-to-day management of the business

• Certified copy of relevant utility account or lease agreement verifying the address of the premises.

• Documentary proof of bank account (official stamped letter from the bank, not actual bank statements).

• Certified copies of any founding documents verifying applicant as a company, close corporation, trust, business trust, partnership or any other business entity.

• Certified copy of appointment letter whereby a responsible person is appointed in terms of Section 5(d) of the Act.

• Certified copy of an accredited dealers’ association membership certificate.

• Basic floor plan of the premises where the applicant intends to conduct business.

• Certified copy of any certificate or permit issued in terms of other legislation regulating such business or industry, including but not limited to, local-authority by-laws or any legislation regarding zoning, customs control, revenue, international trade, fire safety, communications, occupational health and safety, waste management or environmental management.

• Certified copy of the certificate of registration as a secondhand goods scrap metal dealer (only applicable on an application to be registered as a recycler).

• Certified copy of the certificate of registration as a dealer or recycler if the applicant is already registered to trade or recycle on premises other than the premises indicated in this application.

• Supporting statement in terms of Regulation 3 under oath or affirmation that (a) applicant or any other person responsible for the management or day-to-day control of the business is not disqualified from being registered as a dealer and (b) applicant will ensure to comply with all requirements of other legislation regulating such business.

• Set of original fingerprints of the applicant and every person responsible for the day-to-day management of the business.

• Any other support documentation (eg. registration papers of a vehicle, conveyance, ship, boat or aeroplane).

Application for the Renewal of an Existing Registration (a) A registered Dealer or Recycler who intends to renew registration must apply in terms of Section 11 of the Act for the renewal of registration, not more than 180 days and not less than 90 days before the expiry date of the existing registration.

A registered dealer or recycler who intends to renew registration must apply in terms of Section 11 of the Act for the renewal of registration, not more than 180 days and not less than 90 days before the expiry date of the existing registration. For this, the above-mentioned paperwork will be needed again.

The registrations must be done at the nearest police station where the needed forms to be completed can be found.