Second Hand Goods Act - Proposed Regulations for Dealers and Recyclers

[qball 12]

Hi All

 

Please be aware, the proposed regulations are available for public comment. The Act will probably be in effect from 1 January 2012. This will apply to all second hand goods - coins, stamps, antiques, electronics, or anybody who deals in second hand goods.

 

You may submit written comments to:

 

vanderwaltja@saps.org.za

 

or post to:

 

Director J A van der Walt

Legal Support: Crime Operations

South African Police Service

Private Bag X94

Pretoria

0001

[Little Miss Muffet 41]

Hi All

 

Please be aware, the proposed regulations are available for public comment. The Act will probably be in effect from 1 January 2012. This will apply to all second hand goods - coins, stamps, antiques, electronics, or anybody who deals in second hand goods.

 

You may submit written comments to:

 

vanderwaltja@saps.org.za

 

or post to:

 

Director J A van der Walt

Legal Support: Crime Operations

South African Police Service

Private Bag X94

Pretoria

0001

 

Is this the regulation that if we deal in 2nd hand goods we require a second hand dealers licence?

[qball 12]

Is this the regulation that if we deal in 2nd hand goods we require a second hand dealers licence?

 

Yes, that would be correct.

[MsPlod 10]

Downloadable here - look also here...

[kyle2 10]

If I wanted to be pedantic about it, then conceivably every single coin out there is a second hand coin, that would mean that every single South African would need a dealer’s license to merely pass them along, and would a coin newly issued by the mint and received at a bank teller then be a second hand coin or be a new one and how do you prove it? I know the argument is silly, but so are certain aspects of this regulation.:evil:

[qball 12]

Downloadable here - look also here...

 

Thank you MsPlod, was looking for those.

[qball 12]

You need to look at the definition of a dealer, according to the Act.

 

http://www.info.gov.za/view/DownloadFileAction?id=98612

[qball 12]

What is interesting - the act states any second hand goods under R100 are not included.

[voldermort 11]

this act also states that you need to have a copy of every buyers ID.........any idea how that will work?

[qball 12]

this act also states that you need to have a copy of every buyers ID.........any idea how that will work?

 

That's why you should respond with comments, as this is not really practical on the internet or for online sales. To be honest I am not sure how this will work.

[Little Miss Muffet 41]

It also means we have to keep a record of every item we buy.

[voldermort 11]

a few quick phone calls to various police stations tell me that everyone in the know has already gone home.......will try again tomorrow.

however it seems to me that this act is more for the one on one trading ie: fleamarkets etc where pirated items are rife...............be that as it may, it would be almost impossible for sellers to obtain buyers ID on BOB as quite frankly, after a buyer has paid their money they can tell us to go to hell if we ask for this information.

Perhaps BOB needs to obtain ID from every buyer who registers & keep this on hand, not sure though what will happen to all the buyers who have already registered without proof of ID.....and what about all the international buyers, will they be willing to part with this information?

[qball 12]

a few quick phone calls to various police stations tell me that everyone in the know has already gone home.......will try again tomorrow.

however it seems to me that this act is more for the one on one trading ie: fleamarkets etc where pirated items are rife...............be that as it may, it would be almost impossible for sellers to obtain buyers ID on BOB as quite frankly, after a buyer has paid their money they can tell us to go to hell if we ask for this information.

Perhaps BOB needs to obtain ID from every buyer who registers & keep this on hand, not sure though what will happen to all the buyers who have already registered without proof of ID.....and what about all the international buyers, will they be willing to part with this information?

 

We won't be doing this as we are not the dealer/seller. Technically this also becomes a privacy issue for us, to keep records of ID's is serious and with the new POPI Act, can potentially create huge legal responsibilities and liabilities for us.

[voldermort 11]

We won't be doing this as we are not the dealer/seller. Technically this also becomes a privacy issue for us, to keep records of ID's is serious and with the new POPI Act, can potentially create huge legal responsibilities and liabilities for us.

 

Exactly, and you are big guys, so then why on earth would a buyer give their ID to us.....especially with all the ID fraud going on at the moment?

[qball 12]

Exactly, and you are big guys, so then why on earth would a buyer give their ID to us.....especially with all the ID fraud going on at the moment?

 

That's why it is important for you guys to pass your comments onto Brigadier van der Walt.

[voldermort 11]

That's why it is important for you guys to pass your comments onto Brigadier van der Walt.

 

will be doing so in the next few days, hopefully so too will other sellers as this seems to be an impossible requirement.

[ATA STAMP CENTRE 49]

South Africa drafts the best laws in the world-Fat lot of good as they can never moniter or enforce them correctly.

[Asha Craft 34]

Load of hogwash for casual sellers who want to get rid of secondhand clothes, books, ornaments and general household clutter. Email sent...

[staccato 10]

Exactly, and you are big guys, so then why on earth would a buyer give their ID to us.....especially with all the ID fraud going on at the moment?

 

The id issue has been in force for a long time and only applies to people selling goods to second hand dealers ie; swop shops, pawn shops and second hand dealers etc. These dealers are required to file copies of id's from the people they buy goods from, not buyer's id's. Maybe this has changed, I have not perused the download properly yet.

[TS Ron 10]

South Africa drafts the best laws in the world-Fat lot of good as they can never moniter or enforce them correctly.

Ah thanks for the quote we were just discussing this the other day!

[lilythepink 11]

I will also be sending an email to the Brigadier. I've never come across such claptrap in my life! If I want to sell anything in the newspaper would I be expected to get a special permit to do so?

 

Come on - this hasn't been thought through properly. Hope with all our emails and input the Brigadier, et al, will understand the silliness of the proposed Act - they just need to add clauses excluding private individuals and keep it to secondhand shops!

[DestinysAngels 10]

:disgusted:Oh my word, here comes a thing, i have loads of stuff to put onto BOB that i have been sorting through this past 2 weeks, this is going to be not so cool!

[voldermort 11]

it's all too ridiculous, as Lily says this is fine for bona fida shop dealers, but what about individuals who have most of these items in their possession, be it from inheritance, personal items that they have accumulated or collected over the years or merely things that you buy today & in a while no longer have need of?

really it boggles the mind, Jade has her own collection of close on to 500 Elvis LP's that she has collected over the last few years.....if she decides somewhere down the line to sell them does that now make her a dealer.

[Mustlovebooks 10]

I have also emailed Director vd Walt. I wonder what's next!

[DestinysAngels 10]

Me and my hubby will mail him too, this is going really be hard on us, cannot happen, i have so many stamps and coins from my dad when he passed, he collected since a tiny young boy, how am i ever going to sell them now, and not to speak of the goods i have around the house!