- Is amended by General Law Amendment Act, 2005
- Is commenced by Commencement of the Second Hand Goods Act, 1998
Second Hand Goods Act, 1998
Act 23 of 1998
- Published in Government Gazette no. 1955 on 17 September 1998
- Assented to on 3 September 1998
- Commenced on 1 November 1999 by Government Notice of 1999
- [This is the version of this document from 28 December 2005 and includes any amendments published up to 6 October 2022.]
- [Amended by General Law Amendment Act, 2005 (Act 14 of 2005) on 28 December 2005]
1. DefinitionsIn this Act, unless the context otherwise indicates -“acquire” includes buying, collecting, receiving and importing into Namibia, and “acquisition” shall bear a corresponding meaning;“certificate” means a certificate referred to in section 3, and includes a certificate referred to in section 22(3);“dealer” means a person who carries on a business of dealing in second hand goods, and includes a scrap metal dealer and an auctioneer;“deal in” includes acquire and dispose of;“dispose of” includes selling, donating, lending, supplying, distributing, exporting out of Namibia and in any manner, whether for any consideration or not, transfer, exchange or deliver;“Regional Commander” means a person appointed under section 4 of the Police Act, 1990 (Act No. 19 of 1990) to be in command of a police region;[This definition is placed as it appears in the Government Gazette, but it is not in the correct alphabetical order.]“goods” means any article of clothing, jewellery, a motor vehicle, including any motor cycle, or any part of accessory thereof, any office or household equipment, any photographic or optical instrument or any part or accessory thereof, any wrought article consisting wholly or principally of gold, silver or steel, any antique, any ferrous metal, lead, copper, tin, aluminium, brass or zinc or any article or substance consisting wholly or principally of one or more of such metals, including scrap metal, and any other article or substance which the Minister may under section 2(2) declare to be goods for the purposes of this Act;“Inspector-General” means the person appointed as Inspector-General of Police under Article 116 of the Namibian Constitution;“Minister” means the Minister responsible for policing;[definition of “Minister” amended by Act 14 of 2005]“member of the police” means a member of the Namibian Police Force as defined in section 1 of the Police Act, 1990;“officer in charge of a police station” means the member of the police appointed as the officer in charge of a police station;“pawnbroker” means a person who carries on a business of taking goods in pawn;“pawned goods” means any movable goods subject to a pledge;“pawner” means a person who delivers movable goods for pawn to a pawnbroker;“prescribed” means prescribed by regulation;[The definition of “Regional Commander” would appear here if it were in the correct alphabetical order.]“register” includes a register kept by means of a computer as defined in section 1 of the Computer Evidence Act, 1985 (Act No. 32 of 1985);“scrap metal dealer” means a person who carries on a business which consists wholly or partly of the buying or selling of scrap metal, whether the scrap metal sold is in the form in which it was acquired or otherwise, but excludes any person who carries on a business where scrap metal is bought as materials for the manufacture of other articles and such scrap metal is not sold except as a by-product of such manufacture or as surplus materials bought but not required for such manufacture;“scrap metal” includes any used, broken, worn-out, defaced or partly manufactured goods made wholly or partly of ferrous metal, lead, copper, tin, aluminium, brass, or zinc, or any substance of metallic waste or die made of any of the materials commonly known as hard metals or of cemented or sintered metallic carbides;“second hand goods” means goods which have been in use by a person other than the manufacturer or producer thereof or a person dealing therewith for such manufacturer or producer in the course of business;“sell” includes agree to sell, or mark with a selling price, display, advertise, offer or attempt to sell, or exchange, deliver or dispose of for any consideration, or sell by auction or by way of a credit agreement as defined in the Credit Agreements Act, 1980 (Act No. 75 of 1980);“this Act” includes the regulations made thereunder.
2. Application of Act
Part I – Requirements to carry on business in second hand goods or as pawnbroker
3. Certificate required
4. Granting, amendment and withdrawal of certificate
5. Period of validity of certificateA certificate shall expire on a date three years from the date of issue thereof.
Part II – Further provisions relating to dealers
7. Records by dealers
8. Obtaining of informationThe Minister may by notice -
Part III – Further provisions relating to pawnbrokers
9. Records by pawnbrokers
10. Restrictions on pawnbrokersNo pawnbroker shall purchase or take in pawn a pawn ticket issued by himself or herself or any other pawnbroker.
11. Identification of pawned goods and issue of pawn ticket
Part IV – Miscellaneous
12. Further restrictions on dealing in second hand goods and taking goods in pawnNo dealer or pawnbroker shall -
13. False information and stolen goods
14. Provisions relating to copper or brass
15. Verifying entries made in registers by manager, agent or employee
16. Powers of police
17. Transfer of certificate
19. Offences and penalties
20. Cancellation or suspension of exemption or certificate by courtWhere a court convicts a person of an offence under this Act and such person -
21. Jurisdiction of magistrates’ courtsNotwithstanding anything to the contrary in any other law contained, magistrates’ courts shall have jurisdiction to impose any penalty provided for under this Act.
22. Transitional provisions
23. Short title and commencementThis Act shall be called the Second Hand Goods Act, 1998, and shall come into operation on a date to be determined by the Minister by notice in the Gazette.
History of this document
28 December 2005 this version
Amended by General Law Amendment Act, 2005
01 November 1999
17 September 1998
Published in Government Gazette number 1955
03 September 1998