SAPS looking for greater supervision of second-hand goods market

Greater control of the secondhand goods industry is a main concern of the moment with the SA Police Service. SAPS recently gazetted a notice looking for more control over the way the second-hand goods market is supervised. The notice calling for public comment said: “The SAPS is consulting on regulations under section 41(1)(c) of the Second-Hand Goods Act, 2009 (Act No.6 of 2009), with a view to submitting draft regulations to the Minister of Police for consideration when the Act comes into operation.” Aimed in this case at second-hand dealers’ associations, it then went on to detail all the conditions under which these associations will be established and operate – including everything from identity of the “responsible persons”; address, telephone and other contact details; suitability of premises; banker’s details; and the constitution/trust instrument/ memorandum and articles of association; and any other relevant document setting out the legal character of such dealers' association. The concern about this notice, according to lawyer Quintus van der Merwe of Shepstone & Wylie, was that any controls on associations might, in turn, filter down to the dealers in the import/ export arena – with just one example being the possible demand that dealers in one specific commodity might be obliged to join an association of which they did not approve. “I’m not entirely certain what is behind this notice,” he said, “but it may affect everyone who is importing or exporting second-hand goods. “They should therefore approach the authorities to get detail of exactly what is required.” However, said Nancy Strachan, CEO of the Recycling Association of SA (Rasa), you can cast these fears aside, pointing out that the conditions in the notice were no more arduous than a “reputable” and accredited association currently abides by. But she did then highlight one section of the Second- Hand Goods Act which causes her association some concern. This is contained in a section of the act which said: “The Minister may make regulations regarding: (e) conditions or exemptions with regard to dealing in different classes or kinds of second-hand goods; (f) conditions or exemptions with regard to members of accredited associations.” The word here she worried about is “exemptions”. “This,” she added, “could favour certain specific commodities or dealers who are members of a specific association – and this could be a serious advantage to only a select few in the import/export trade in certain second-hand goods.” There is another legislative attempt to gain more control over stolen goods in the offing – with Business Against Crime (BAC) believed to be currently looking for certain changes in the International Trade and Administration Commission (Itac) regulations related to export of second-hand goods. In this attempt, according to Strachan, the desire is to get controls in place in the Itac regulations for the policing of the export movement of these goods, inspecting these goods, and ascertaining which are stolen goods. However, it – along with the other controls – only meets with the recyclers’ approval and support, she added, because the disreputable sector participants must either reform themselves or be stamped out.