n Annual Survey of South African Law - Criminal law

Volume 2011, Issue 1
  • ISSN : 0376-4605



Certain offences in this Act commenced on 10 December 2011 (s 45). Section 32(1)() criminalizes the contravention or failure to comply with the obligation of a dealer to report to a police official in the area of his or her business where he or she suspects, or reasonably should suspect, that information furnished to the dealer is false, or that goods are stolen, or that there has been an attempt to alter the appearance of an item so as to conceal its identity (s 22(1)), or where a person required to make such a report continues with the transaction to which the suspicion relates (s 22(3)). Further, in terms of section 32(1)(), it is an offence for any dealer who engages in the business of recycling controlled metal (as defined in Schedule 2 to the Act) to fail to apply for registration as a recycler (in terms of s 25(1)), or to be in unauthorized possession of any apparatus for recycling controlled metal or any article containing controlled metal, or to fail to be able to provide a reasonable explanation for the possession, acquisition or disposal of any cable consisting of controlled metal of which the cover has been burnt (in terms of s 25(4)), or failure by a recycler to report the suspicion that scrap metal offered to him or her has been tampered with in order to conceal its identity (in terms of s 25(5)).

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