Second-Hand Goods Act, 2009 (Act No. 6 of 2009)Chapter 2 : Registration14. Disqualification |
| a) | has in the preceding five years, in the Republic or elsewhere, been sentenced to imprisonment without the option of a fine in respect of any offence of fraud, theft or corrupt activities as referred to in the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004), or any contravention of the Corruption Act, 1992 (Act No. 94 of 1992), or the commission of any other offence of which dishonesty is an element; |
| b) | has in the preceding 10 years been convicted of an offence in terms of this Act or the previous Act, irrespective of the sentence imposed, and was within five years after the conviction again convicted of an offence in terms of any of the said Acts and sentenced to a fine exceeding R1 000; |
| c) | is an unrehabilitated insolvent; |
| d) | is under 18 years; |
| e) | does not permanently reside in the Republic; or |
| f) | is by virtue of any other law disqualified from carrying on a business. |
| 2) | A company, corporation, partnership or trust may not be registered if a person who is disqualified to hold a certificate in terms of subsection (1)(a), (b), (c), (d), or (f)— |
| a) | has an interest in that company, close corporation or trust; |
| b) | is a partner in that partnership; or |
| c) | is a beneficiary under that trust. |
| 3) | For the purposes of subsection (1)(a) and (b), "preceding" means preceding the date of the application in question. |