Any person who buys stolen goods is as guilty as the person who stole the goods in the first place, and harsher sentences will apply to both the buyer and the thief. From the 1st April 2012, the Second-Hand Goods Act, 2009 (Act No 6 of 2009) will come into effect thus enabling police to implement such conditions.
“I have instructed the South African Police Service (SAPS) management to ensure that the Second-Hand Goods Act, which seeks to regulate second-hand goods dealers and recyclers and will be an important tool in the effort to clamp down on stolen goods, is implemented by April this year by means of a phased approach,” stated the Minister in a Parliamentary reply.
The Minister was replying to a question about progress which the SAPS has already made with regard to the implementation of the Act and whether all the police stations are mobilised, capacitated and ready to start implementing it. Further, how many second-hand goods licences were issued in each province and whether there is a database of legal and illegal scrap yards.
“As part of the first phase of implementation, certain sections of the Second-Hand Goods Act, have been put into operation as from 10 December 2011 and 16 January 2012. These sections provide for, among others, accreditation of Second-Hand Goods Dealers’ Associations and also the regulation of suspicious transactions as well as the criminalisation of the possession, acquisition and disposal of controlled metal cable (e.g. copper cable). A national structure has also been established to deal with the control of second-hand goods.”
The ministry is implementing the Act in phases and we are now on the second phase. This is currently done based on the promulgation of the outstanding Regulation for Dealers and Recyclers, which is to be finalised by April 2012. The training of designated Second-Hand Goods police officers will be conducted after the promulgation of the above mentioned regulations. In light of the fact that the Act is not yet in operation, police stations will be mobilised and capacitated to start implementing the Act as part of the second phase of implementation.
“The Act will replace the out-dated Second-Hand Goods Act of 1955 (Act No 23 of 1955) and covers a wide range of activities from the traditional corner pawn shop to large metal recyclers. It specifically provides for compliance monitoring to be done by industry associations and also addresses cable theft and the effect it has on infrastructure in South Africa,” added Minister Mthethwa.
The Act further requires all dealers in second-hand goods to report to the police all suspicious transactions where the seller attempts to provide false particulars or where the goods are suspected to be stolen or tampered with. Second-hand goods dealers and pawnbrokers will therefore not only have to take reasonable steps to ensure that they do not buy stolen goods or goods that have been tampered with, but also be careful from whom they buy goods. If an unscrupulous dealer is found guilty, a Court may impose a prison sentence of up to 10 years.
Commenting on the trade in stolen cable, such as copper cable, the Minister pointed out that persons dealing in or in possession of non-ferrous (controlled metal) cable with a burnt cover are committing an offence unless they can provide the police with a reasonable explanation for that burnt cover. “This offence too gives a Court the power to sentence copper thieves and unscrupulous scrap dealers to imprisonment for a period of 10 years. We therefore believe this legislation will assist in combating both copper and property crimes.”
The ministry remains confident that the implementation of the Act will result in more arrests, but equally secure more convictions as part of the reduction of crime. Society is therefore urged to continue to blow the whistle against any suspected illegal activities and refrain from buying stolen goods.
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Minister Mthethwa wants Second Hand Goods Act Implemented from April this year
