Trade Metrology Act, 1973 (Act No. 77 of 1973)

Chapter VII : Trade Dealing and Sale of Goods

38. Trade dealings to be effected in terms of certain measuring units and by means of certified measuring instruments
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(1)Any contract, bargain, sale, purchase or transaction made or effected in the Republic in respect of any land situated therein or in respect of any interest in land so situated or in respect of any goods, wares, merchandise or other thing or in respect of any services rendered, a quantity of which is expressed in terms of any measuring unit, shall be made or effected in accordance with measuring units prescribed by regulation for such purpose.

 

(2)Any tolls, rates, taxes or other fees charged or collected according to measurement of a physical quantity, shall be charged or collected in accordance with such measuring units as may be prescribed by regulation for such purpose.

 

(3)No contract, bargain, sale, purchase or transaction shall be made or effected in the Republic by means of any measuring instrument not permitted by this Act or which is false, defective or inaccurate or which, in the case of a measuring instrument which is required under this Act to be certified or re-certified, is uncertified.

[Section 38(3) substituted by section 11 of Act No. 34 of 1975]

 

(4)Subject to the provisions of subsection (5), no person shall import into the Republic any goods, including prepacked goods, the quantity of which is expressed thereon or on any document relating thereto—
(a)in terms of any unauthorised measuring unit, unless the equivalent of the quantity so expressed is also expressed in terms of a measuring unit prescribed by regulation for such purpose in the manner prescribed by regulation; or
(b)in terms of any measuring unit which does not comply with the regulations.

 

(5)The provisions of subsection (4) shall not apply to any goods which the director has exempted in writing or in respect of which the importer satisfies the director and the competent customs officer that such goods are being imported for manufacturing purposes and not for sale.

 

(6)Any person who expresses the quantity of any goods for sale in a manner or in terms of a measuring unit not prescribed by regulation for such purpose or in terms of any unauthorised measuring unit, shall be guilty of an offence.