Recycling Association of South Africa

The Second Hand Goods Act 6 of 2009

IMPLEMENTATION OF THE SECOND-HAND GOODS ACT, 2009 (ACT NO. 6 OF 2009)

Since 10 December 2011, the President has put some provisions of the Second-Hand Goods Act, 2009 (Act No. 6 of 2009) into operation. From 16 January 2012 the penalty provisions of the Second-Hand Goods Act, 2009 that relate to

those provisions are also in operation.

Section 25(4)(b) and (c) criminalizes dealing in and possession of non-ferrous metal (i.e. copper) of which the cover has been burnt. The section provides as follows:

“25. (4) No person may—

(a) …

(b) 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); or

(c) 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.”

• Can my business use computerised records for buying and selling scrap metal?

• What information is compulsory to be obtained from the seller?

• Is a passport  or a driver's license an acceptable proof of identity?

• What must a dealer do if he/she suspects that the

• goods might be stolen, or that the seller is lying about their details?

• Does the Act limit a dealer to specific trading hours?

• Can the SAPS restrict a dealers certificate to a specific type or class of goods?

• Can my business legally purchase burnt copper and how do I do this?

• How can I identify materials offered for sale as possibly stolen?