(1) The Minerals and Mining Development Board is hereby established, the purpose of which shall be to advise the Minister on policy matters relating to the subject matter of this Act.
(2) Any recommendation by the Board to the Minister shall be of an advisory nature only.
(3) The Board shall not be a body corporate.
(1) The Board shall advise the Minister regarding any policy matter relating to the subject matter of this Act including–
- the sustainable development of the nation’s mineral resources;
- environmental issues relating to prospecting and mining operations;
- access to mineral resources;
- transformation and downscaling of the minerals and mining industry; and
- adding value to the nation’s mineral resources.
(2) The Board must give priority to matters referred to it by the Minister.
(1) The Board must consist of at least sixteen (16) but not more than eighteen (18) members appointed by the Minister.
(2) The Minister must appoint –
- the Director-General as the Chairperson;
- a senior manager in the service of the Department as the Deputy Chairperson; and
- the Chief Inspector.
(3) In addition, the Minister must appoint persons as members who equitably represent other relevant departments, organised labour, organised business, non-governmental organisations and community based organisations who will, in the Minister's opinion, enable the Board to carry out its functions.
(4) The Minister may appoint any other natural person as a member, who in the Minister’s opinion, has the experience, expertise or skills necessary to enable the Board to carry out its functions.
(1) No person shall be appointed as member of the Board –
- unless he is a South African citizen permanently residing in the Republic;
(2) if the person –
- is a member of Parliament;
- is an office-bearer of any party, movement, organisation or body of political nature;
- is an unrehabilitated insolvent;
- is subject to an order of a competent court holding that person to be mentally unfit or disordered; and
- has been convicted of an offence committed after the Constitution, took effect, and sentenced to imprisonment without the option of a fine unless the person has received a grant of amnesty or a free pardon before the date of the person's appointment .
(1) A member of the Board must vacate his or her office if the member-
- becomes subject to any disqualification mentioned in section 79 or in the case of an official in the service of the state ceases to be such an official;
- is absent from more than two consecutive meetings of the Board without leave of the Chairperson;
- (ceases to hold the qualification by virtue of which the member has been appointed as a member of the Board;
- resigns by way of written notice to the Minister and the Minister has condoned the resignation; or
- is relieved of his or her office under subsection (2).
(2) The Minister may relieve a member of the Board of his or her office if such member, in the opinion of the Minister –
- has been found guilty of improper conduct or serious misconduct;
- is unable to carry out or perform efficiently and diligently the member's functions; or
- has engaged in any activity that may undermine the integrity of the Board.
(1) Subject to the provisions of this Act and save for the members appointed in terms of section 78(2) any other member of the Board shall hold office for a maximum period of three (3) y ears.
(2) The Minister may, in his or her sole discretion re-appoint a person as member of the Board at the expiry of the member’s term of office for a further period of three years.
(3) Any person who replaces a member who vacates his or her office in terms of any provision of section 80, must serve for the balance of the term of the member who has been so replaced.
(1) The Chairperson shall convene the first meeting of the Board, thereafter he or she must decide on the date and venue of future meetings.
(2) The Minister may, if he or she deems it necessary, call for special meetings of the Board.
(3) The Chairperson or, in the absence of the Chairperson, the Deputy-Chairperson will preside at every meeting of the Board.
(4) No meeting of the Board shall be held in the absence of both the Chairperson and the Deputy-Chairperson.
(5) Fifty-one percent of the members present at a meeting of the Board shall form a quorum for that meeting.
(6) The decision of the majority of the members of t he Board present at a meeting shall constitute a resolution of the Board and, in the event of an equality of votes on any matter, the person presiding at the meeting concerned, shall have the casting vote in addition to the person’s vote.
(7) Recommendation s to the Minister must be submitted to him or her by the Chairperson within seven (7) days after the Board has approved such recommendations.
(1) The Board may, subject to the availability of funds, establish ad hoc or permanent committees, to assist the Board in the performance of its functions, and such committees, may include persons who need not necessarily be members of the Board.
(2) Any committee established in terms of subsection (1), may subject to the approval of the Board, establish ad hoc working groups to assist the committee in the performance of its functions, and such working group may include persons who need not necessarily be members of the Board or committee.
(3) A committee established under subsection (1), shall consist of one or more members of the Board and so many other natural persons as the Board may deem necessary, and the Board may at any time dissolve or reconstitute such committee.
(4) If a committee or working group consists of more than one member, the Board shall designate a member of such committee or working group as Chairperson thereof.
(5) The Board shall not be absolved from any function performed by virtue of the provisions of this section by any committee or working group of the Board.
The activities of the Board shall be funded from monies appropriated by Parliament, and provided for on the Budget of the Department of Minerals and Energy.
With the exception of a member of the Board who is in the full time employment of the State, a member of the Board or any member of a committee or working group of the Board shall be appointed on such conditions, including conditions relating to the payment of remuneration and allowances, as the Minister may determine with the concurrence of the Minister of Finance.
Notwithstanding any specific report which the Minister may request from the Board from time to time, the Board must before 31 March of each year, submit to the Minister a report giving particulars regarding the activities of the Board during that year and plan for the next year.
The secretarial support and administrative functions of the Board, shall be performed by officials of the Department designated for that purpose by the Director-General.
(1) In this Chapter, unless the context shows that another meaning is intended-
- "old order right"
means any right referred to in sections 5(1), 44(1) and 47(1)(e) read with section 47(5) of the Minerals Act, 1991 (Act 50 of 1991);- "prospector's right"
means any permit issued in terms of section 6 of the Minerals Act, 1991 (Act 50 of 1991); and- "miner's right"
means any authorization issued in terms of section 9 of the Minerals Act, 1991.
The object of this chapter is to -
- ensure that active prospecting and mining operations are guaranteed security o f tenure;
- give an opportunity to existing holders of old order rights to re-adjust in compliance with the provisions of this Act;
- ensure that equitable access to the nation's mineral resources is promoted; and
- advance historically disadvantaged persons or association of persons.
(1) Any application in terms of sections 6(1), 6(2), 6(3), 8(2), 9(1) or 9(2) of the Minerals Act, 1991 (Act No 50 of 1991) which were lodged at l east 60 days before the commencement of this Act, must be dealt with as if this Act had not been enacted: Provided that the processing thereof is not contrary to the objectives of this Act.
(2) Any application lodged after the period referred to in subsection (1) must be dealt with in terms of this Act.
(1) A prospector's right, in force on the date of the commencement of this Act, remains in force subject to the terms and conditions under which it was granted or issued or deemed to have been granted or issue until it lapses: Provided that such period is not longer than two years.
(2) Before expiry of the period referred to in subsection 1, the prospector must, in order to continue with prospecting or to commence with mining activities -
- apply for a prospecting right in terms of section 26; or
- apply for a mining right in terms of section 38 of this Act.
(3) Notwithstanding the provisions of subsection (1), any prospector's right in respect of which an application has been lodged in terms of subsection (2) will remain in force until such time as a decision to approve such application has been taken.
(4) Subject to section 100 any old order right on which a prospector's right referred to in subsection (1) is based will cease to exist in respect of the land and mineral concerned -
- if an application in terms of subsection (2) is not lodged within the period specified in subsection (1); or
- on the date that the Minister makes a decision in respect of any application made in terms of subsection (2) in respect of the land and mineral concerned.
(1) Any permission to remove and dispose of any mineral granted or acquired in terms of section 8(1) of the Minerals Act, 1991 (Act No 50 of 1991) or deemed to have be en granted or acquired in terms of section 44 (5) of the Minerals Act, 1991 (Act No 50 of 1991), in force immediately prior to the commencement of this Act, remains in force until it lapses: Provided that such period is not longer than two years.
(2) Before expiry of the period referred to in subsection (1), the holder of the permission referred to in the said subsection must, in order to continue with such removal and disposal, apply for a prospecting right in terms of section 26.
(3) Not withstanding the provisions of subsection (1), any permission referred to in that subsection attached to a prospector's right in respect of which an application has been lodged in terms of subsection (2) will remain in force until such time as a decision t o approve such application has been taken.
(1) A miner's right, in force on the date of the commencement of this Act, remains in force subject to the terms and conditions under which it was granted or issued or deemed to have been granted or issued until it lapses: Provided that such period is not longer than five years.
(2) Before expiry of the period referred to in subsection (1), the miner must, in order to continue mining, apply for a mining right in terms of section 38.
(3) Notwithstanding the provisions of subsection (1), any miner's right in respect of which an application has been lodged in terms of subsection (2) will remain in force until such time as a decision to approve such application has been taken.
(4) Subject to section 100 any old order right on which a miner's right referred to in subsection (1) is based will cease to exist in respect of the land and mineral concerned -
- if an application in terms of subsection (2) is not lodged within the period specified in subsection (1); or
- on the date that the Minister makes a decision in respect of any application made in terms of subsection (2) in respect of the land and mineral concerned.
(1) The Minister must by notice in the Government Gazette publish a general invitation to holders of old order rights which are not subject to sections 91 or 93 to within a period of one year -
- apply for a prospecting or mining right in terms of this Act; or
- give written reasons why a prospecting or mining right should not be granted to another party.
(2) In the event that the holder referred to in subsection (1) opts for the provision of subsection (1)(b), such holder must submit in writing within the period referred to in subsection (1) -
- a detailed explanation why it is not in the national interest that a prospecting or mining right be granted to another party; or
- (i) as much information as possible on intended prospecting or mining operations including an indication as to when such operations will commence; and
(ii) reasons how such intended prospecting or mining will promote equitable access to mineral resources; and
- such other information as the Minister may require or stipulate at the time of publication of the notice.
(1) Upon cessation of any old order right in terms of sections 91(4)(a) or 93(4)(a) the Minister may grant a prospecting right or mining right to any applicant in respect of the land and mineral concerned in terms of the provisions of this Act.
(2) If the Minister refuses any application referred to in sections 91(4)(b) or 93(4)(b) he/she may grant a prospecting right or mining right to any applicant in respect of the land and mineral concerned in terms of the provisions of this Act.
(3) If any holder referred to in section 94(1) fails to comply with the provisions of paragraphs (a) or (b) of the said subsection within the period referred to in that subsection, the old order right of such holder will cease to exist and the Minister may, subject to the provisions of this Act grant a prospecting right or mining right to any applicant in respect of the land and mineral or group of minerals concerned.
(4) Any reasons given in terms of section 94(1)(b) must be considered by the Minister taking into account the national interest and the principles and objectives of this Act.
(5) (a) The Minister's decision with regard to the acceptability of the reasons referred to in subsection (4) must be conveyed in writing to the holder of the old order rights concerned.
- Any decision referred to in paragraph (a) must be accompanied by the reasons on which such a decision is based.
(6) (a) If the reasons referred to in subsection (4) are found to be unacceptable by the Minister, the holder concerned must be given the opportunity to respond within a period of 30 days.
- The Minister must consider the response referred to in paragraph (a) and convey in writing his/her final decision to the said holder.
(7) (a) Should the holder concerned not respond within the period referred to in subsection (6)(a); or
- if the final decision by the Minister in terms of sub section (6)(b) is that the reasons provided are unacceptable, the old order right of such holder will cease to exist and the Minister may, subject to the provisions of this Act, grant a prospecting right or mining right to any applicant in respect of the land and mineral or group of minerals concerned.
(1) If the reasons referred to in section 95(4) are found to be acceptable by the Minister he or she must with due consideration of the nature of such reasons -
- prohibit prospecting or mining in respect of such land and mineral or group of minerals concerned in terms of section 14; o
- instruct the holder referred to in section 94(1) in writing to lodge an application for a prospecting right or mining right within a specified period.
(2) The Minister's decision in terms of subsection (1)(a) must be conveyed in writing to the holder of the old order right concerned.
(3) Subject to section 100, the old order rights contemplated in subsection (1) will cease to exist -
- when the Minister exercise his/her power in terms of subsection (1)(a);
- if the holder concerned fails to lodge an application within the specified period referred to in subsection (1)(b); or
- on the date that the Minister makes a decision in respect of any application lodged in terms of subsection (1)(a) or section 94(1)(a).
(1) Any right to use the surface of land granted or deemed to have been granted or acquired or which continues to exist or is in force in terms of section 48(1)(a) of the Minerals Act, 1 991, and in force immediately prior to the commencement of this Act, remains in force subject to the terms and conditions under which it was granted or acquired or deemed to have been granted or acquired.
(2) Any right to use the surface of land which could be ceded, transferred, let, sublet, tributed, subdivided, amended or mortgaged wholly or as to a part or parts immediately prior to the commencement of this Act, may be so dealt with: Provided that the prior written consent of the Director: Minerals Development concerned is obtained, and such dealing must be registered in the Mining Titles Office.
(3) (a) The Director-General may upon application by any person or upon recommendation of the Director: Mineral Development cancel an y right referred to in subsection (1) if he/she is satisfied that the exercising of such right no longer complies to the terms and conditions under which it was granted or deemed to have been granted or acquired.
- Any cancellation in terms of paragraph (a) must be recorded in the Mining Titles Office.
(1) Notwithstanding the provisions of the Deeds Registries Act, 1937, or any other law, no registration in respect of any old order right in connection therewith shall be effected in the Deeds Registries Office or the Mining Titles Office after six months following the commencement of this Act.
(2) Upon the cessation of any old order right in terms of this Act, any deed registered in terms of the Deeds Registries A ct, 1937, or the Mining Titles Act, 1967, in respect of such right shall be deemed to be de-registered.
(3) The Director-General shall inform the Registrar of Deeds of any cessation of an old order right in terms of this Act and the Registrar of Deeds shall make such endorsement and such entries in the appropriate registers as he/she may deem necessary in order to reflect the effect of subsection (2).
(4) The Director-General shall make such endorsements and such entries in the appropriate registers as he/she may deem necessary in order to reflect the effect of subsection (2) in respect of any old order right registered in the Mining Titles Office.
(1) If the Minister referred to in section 74 of the repealed Precious Stones Act, 1964 has leased the interest of the State in a mine, notwithstanding the repeal of the Minerals Act, 1991, the State shall continue to be entitled to the division of profits referred to in the said section 74.
(2) Notwithstanding the provision of the lease contemplated in subsection (1), the Minister is entitled to cancel such lease agreement and from the date of such cancellation the State shall be entitled to its full share of royalties.
(3) The Minister may, in order to promote the participation of historically disadvantaged persons sell or lease its interest in a mine referred to in subsection (1) to persons or association of persons from the said disadvantaged group.
(1) Any consideration in the form of royalties or otherwise, payable in terms of any old order right will continue to be paid to the person entitled thereto or to his or her successor in title, in terms of the provision s of the old order right concerned until the said old order right ceases to exist in terms of section 91(4) or 93(4): Provided that if the conditions of the old order right in terms of which such royalties are paid, lapse or are terminated before the o ld order right ceases to exist in terms of the said sections, no further royalties will have to be paid in terms of the said old order right.
(2) Notwithstanding the provision of subsection (1), the Minister may, having regard to -
- whether such consideration was used to promote rural and local economic development;
- the impact that the termination of the payment of the said consideration will have on the livelihood or viability of the person referred to in subsection (1); or
- any other issue that the Minister may deem necessary,
decide, subject to the terms and conditions which may be determined by the Minister, that the consideration concerned continues to be paid to the person entitled thereto.
(1) Any environmental management programme approved in terms of section 39(1) of the Minerals Act, 1991 (Act 50 of 1991) shall continue in force.
(2) The provision of subsection (1) does not derogate fro m the power of the Director: Mineral Development from requiring that the environmental management programme be amended in order to bring it in line with the requirements of this Act.
In this chapter, unless the context indicates otherwise
“Diamond Board” means the South African Diamond Board established by section 3 of the Diamonds Act, 1986 (Act 56 of 1986);
“business premises”, in relation to a licensee, means premises of the licensee of which particulars of the location have been endorsed on his or her licence in terms of section 114 (3) (b) and116 (4);
“Commissioner” means the Commissioner for the South African Revenue Service appointed in terms of section 6 of the South African Revenue Service Act, 1997 (Act 34 of 1997);
“controlling interest”, in relation to-
- a company, means-
- more than 50 per cent of the issued share capital of the company;
- more than half of the voting rights in respect of the issued shares of the company; or
- the power, either directly or indirectly, to appoint or remove the majority of the directors of the company without the concurrence of any other person; or
- a close corporation, means more than 50 per cent of the interest in the close corporation;
“crushed diamond” means any diamond deriving from a diamond which has been subjected to a process of crushing such that it has been rendered into fragments, splinters or particles, but does not include diamond powder;
“cutter” means the holder of a diamond cutting licence contemplated in section 111 (b);
“dealer” means the holder of a diamond dealer's licence contemplated in section 111 (a);
“diamond exchange” means any premises registered in terms of section 131;
“diamond inspector” means a diamond inspector appointed in terms of section 166(1);
“diamond powder” means any powder deriving from a diamond which has been subjected to a process of polishing or crushing;
“exporter”, in relation to an unpolished diamond, means any person permitted in terms of this Act to export the unpolished diamond;
“fragment” means any part of a diamond separated from the diamond in a process of polishing and which is so irregular in shape or so small in size that it is usually unsuitable for polishing;
“importer” in relation to an unpolished diamond, means any person permitted in terms of this Act to import the unpolished diamond;
“licence” means a diamond dealer’s licence, diamond cutting licence, diamond tool-making licence or dia mond research licence contemplated in section 111;
“licensee” means a dealer, cutter, tool-maker or researcher;
“permit” means any permit contemplated in section 124;
“police official” means a police official as defined in section 1 (1) of the Criminal Procedure Act, 1977 (Act 51 of 1977);
“polished diamond” means an unset diamond, including a synthetic diamond, which has undergone various manufacturing processes resulting in a gemstone which is of acceptable cut by international standards and is marketable as a polished diamond without undergoing any further manufacturing process;
“polishing”, in relation to any unpolished or polished diamond, means the sawing, cutting, cleaving or dividing in any manner, faceting, brillianteering or altering of that diamond;
“producer” means any person who is in terms of this Act, entitled to win or recover diamonds;
“purchase”, in relation to an unpolished diamond, means to purchase the unpolished diamond, to deal in it or to obtain it by way of barter, pledge or in any like manner;
“register” includes a computer print-out;
“regulation” means a regulation made under section 178;
“researcher” means the holder of a diamond research licence contemplated in section 111 (d);
“sell”, in relation to an unpolished diamond, means to sell the unpolished diamond, to offer or expose it for sale, barter or pledge or for any like purpose or to dispose of or deliver it f or the purpose of trade;
“synthetic diamond” means an artificially-made diamond produced by means of any synthetic, mechanical or chemical process;
“tool-maker” means the holder of a diamond tool-making licence contemplated in section 111 (c);
“unpolished diamond” means a diamond in its natural state or a synthetic diamond which has after the production thereof not been altered in any manner, and includes diamond powder, a crushed diamond, a fragment and a partly processed d iamond;
“vessel” means any navigable craft of any description, whether self-propelled or not.
PART I
ILLEGAL ACTS
Possession of and dealing in unpolished diamonds
Save as is otherwise provided in this Act, no person may have any unpolished diamond, irrespective of the origin thereof, in his or her possession unless such person-
- is a producer who has won or recovered that diamond from a mine in accordance with any right granted to him or her in terms of this Act or which remains in force in terms of section 91 or section 93 of this Act;
- has manufactured a synthetic diamond;
- is a licensee in terms of this Act;
- is in respect of that diamond the holder of a permit contemplated in section 124;
- is in possession of that diamond in implementing an agreement entered into by him or her with a person referred to in (a), (b), (c) or (d) of this section;
- is a police official in possession o f that diamond while acting in the execution of his or her official duties in the service of the South African Police Service and is duly authorised thereto by the National Commissioner of the South African Police Service.
(1) No person may sell any unpolished diamond unless such person is-
- a producer;
- a seller of synthetic diamonds;
- a dealer; or
- the holder of a permit issued to in terms of section 125(1)(a).
(2) The provisions of subsection (1) will not be so construed to authorize such producer, dealer or holder of a permit to sell any unpolished diamond which has come into his or her possession in an unlawful manner.
No person may purchase any unpolished diamond unless such person is-
- a licensee in terms of this Act; or
- the holder of a permit issued in terms of section 125(1)(a)
No person-
- (a) referred to in section 104(1) may sell any unpolished diamond to any person other than a person referred to in section 105; or
- (b) referred to in section 105 may purchase any unpolished diamond from any person other than a person referred to in section 104(1).
Processing of diamonds
No person may cut, polish, crush or set any unpolished diamond in any tool, implement or other article unless such person is-
- a cutter, tool-maker or researcher;
- an employee acting in the course of his or her employment with that cutter, tool-maker or researcher; or
- authorised thereto in writing by the Director-General.
No person may erect or operate any machine designed or adapted for the polishing of unpolished diamonds unless such person is -
- a cutter, tool-maker or researcher;
- an employee acting in the course of his or her employment with that cutter, tool-maker or researcher; or
- authorised thereto in writing by the Director-General.
Export or import of unpolished diamonds
(1) No person may export any unpolished diamond from the Republic unless such person-
- is a producer;
- exports a synthetic diamond;
- is a dealer; or
- is the holder of a permit issued in terms of section 125(1)(a).
(2) No person may import any unpolished diamond into the Republic unless such person is the holder of a permit issued in terms of section 125(1)(a).
(1) Should-
- any person who finds or picks unpolished diamond in or on a prospecting area or a mining area, must, forthwith, hand over such unpolished diamond to the holder of the prospecting right or mining rig ht concerned. Should such handing over be impractical, the unpolished diamond must, forthwith be handed to the officer on duty at the nearest office of the South African Police Service; or
- any unpolished diamond be found or picked up at any other place than an area referred to in subsection (1)(a), such unpolished diamond must forthwith be handed to the officer on duty at the nearest office of the South African Police Service.
(2) Any person who hands over any unpolished diamond to the officer of the South African Police Service referred to in subsections (1)(a) and (1)(b), must-
- provide the officer with a sworn affidavit in which it is stated when, how and under what circumstances the unpolished diamond was found or picked up and the estimated value thereof; and
- obtain from such officer an official receipt.
(3) If the National Commissioner of the South African Police Service or any other member designated by him or her-
- is satisfied that a person is the owner of a diamond referred to in subsection (1) or is entitled to be in possession thereof, he or she shall deliver that diamond to such person; or
- is not so satisfied, he or she shall cause a notice to be published in the Gazette calling upon any person who may be the owner of that diamond or entitled to be in possession thereof to prove his or her ownership or right of possession.
(4) If no person furnishes proof to the satisfaction of the National Commissioner or member of his or her ownership or right of possession within 21 days after t he date of publication of a notice referred to in subsection (3) (b), the National Commissioner or member must cause the diamond in question to be sold and the proceeds thereof must, subject to subsection (5), be paid into the National Revenue Fund.
(5) If the National Commissioner or member is satisfied that the diamond in question was found or picked up in the circumstances mentioned in subsection (1), he or she must pay to the person who so found or picked up that diamond an amount calculated at one-third of the amount realised at the sale in terms of subsection (4).
PART II
LICENCES AND PERMITS
Licences
Subject to the provisions of this Chapter, the Director-General may issue the following licences -
- a diamond dealer’s licence entitling the holder to carry on business as a buyer, seller, importer or exporter of unpolished diamonds;
- a diamond cutting licence entitling the holder to polish diamonds for the purpose of business or trade;
- a diamond tool-making licence entitling the holder to set unpolished diamonds in tools, implements or other articles or to crush or to alter those diamonds for the purpose of such setting or for the purpose of trade;
- a diamond research licence entitling the holder to do applied research and tests in connection with diamonds, but not to polish diamonds for t he purpose of business or trade.
(1) An application for any licence in terms of section 111 must be lodged in writing on the prescribed form and on payment of a non- refundable prescribed fee at the office of the Director-General.
(2) An applicant for a licence must furnish such additional information, data or documentation in connection with his or her application as the Director-General may require.
(3) Before a decision is made on any application for a licence, the Director- General may conduct an investigation if he or she may deem it necessary.
(1) Notwithstanding anything to the contrary in this Act, the Director-General may not consider any application for a licence, if-
- the applicant, or where the applicant is a company, any director thereof, or where the applicant is a close corporation, any member thereof, is not a suitable person to carry on the activities authorized by the licence, or to be involved in such activities;
- an interest which any person has in the applicant is contrary to the public interest or the interest of the diamond trade in general;
- the applicant will probably not be able to exercise in a satisfactory manner control over the activities authorized by the licence;
- there are already a sufficient number of persons to whom such licence has been issued; or
- the issue of the licence will be contrary to the public interest.
(1) If an application for a licence in terms of section 111 is considered favourably, the Director-General must, subject to subsection (3), issue the licence.
(2) If a licence is refused, the Director-General must notify the applicant in writing of the decision and the reasons therefor.
(3) The Director-General must endorse on such licence-
- any condition determined by him or her in terms of section 115(1)(a); and
- details of the location of the premises approved by him o r her in terms of section 116(1).
(1) The Director-General may-
- when considering the issuing of a licence, impose any terms and conditions he or she deems necessary;
- at any time cancel or vary any terms and condition of a licence;
- at any time impose any further terms and condition in respect of a licence.
(2) In order to give effect to subsection (1)(b) or (1)(c), the Director-General may request a licensee in writing to submit his or her licence to the Director-General within the period specified in the request.
(3) The Director-General must endorse on the licence any cancellation, variation or condition referred to in subsection (1);
(4) The Director-General may not cancel, vary or impose a further condition in terms of subsection (1), unless the licensee concerned has been given a reasonable opportunity to make written representations in relation to such cancellation, variation or imposition.
(1) No licence will be issued unless the premises upon which the activities authorized by the licenc e will be carried on-
- comply with the prescribed requirements; and
- were approved by the Director-General.
(2) Any licensee who wishes to move or extend his or her business premises to any other premises must apply to the Director-General in writing for approval of the new or additional premises, as the case may be.
(3) The Director-General may grant, on such conditions as may be determined by him or her, or refuse an application referred to in subsection (2), but will not grant any application if he or she is of the opinion-
- in the case of an application in respect of any additional premises, that the granting of the application will not be in the interest of the diamond trade in general; or
- that the new or additional premises, as the case may be, do not comply with the prescribed requirements.
(4) If the Director-General-
- grants an application referred to in subsection (2), the Director-General must against payment of the prescribed fee endorse on the licence the particulars of the location of the new or additional premises, as the case may b e, and such amendments to the conditions as he or she may deem necessary; or
- refuses the application, the Director-General must notify the licensee in writing of the decision and the reasons therefor.
(1) Subject to the provisions of subsection (2), a licence shall be valid until it lapses, is suspended or cancelled in terms of this Act.
(2) If a licence issued in terms of this Act lapses, the Director-General may , pending the granting of a new licence issue a temporary licence for a specified period, but not exceeding one year, and subject to any condition he or she may deem necessary.
Subject to the provisions of section 119, no licence issued in terms of this Act may be transferred or disposed of in any manner and the licensee will not allow any person to acquire any interest therein.
(1) A licensee who desires to transfer his or her licence to a company or close corporation must apply to the Director-General in writing for approval of such transfer.
(2) A licensee who has applied in terms of subsection (1), must furnish any additional information, data or documentation in connection with the application as the Director-General may require.
(3) The Director-General will not grant approval for the transfer of a licence to a company or close corporation if-
- the licensee concerned does not hold the controlling interest in the company or close corporation;
- in the case of the company, any director thereof, or in the case of the close corporation, any member thereof, is not a suitable person to carry on the activities authorized by the licence, or to be involved in such activities; or
- an interest which any person has in the company or close corporation is undesirable.
(4) If the Director-General-
- grants approval for a transfer referred to in subsection (1), the Director-General must endorse on the licence such amendments as are necessary as a result of the transfer; or
- refuses approval for the transfer, the Director-General must notify the licensee in writing of the decision and the reasons therefor.
(1) No person may without the prior written approval of the Director-General, acquire a controlling interest in any company or close corporation after a licence has been issued or transferred in terms of this Act to that company or close corporation.
(2) The Director-General will grant the approval referred to in subsection (1) only if-
- the person concerned, or where that person is a company, any director thereof, or where that person is a close corporation, any member thereof, is a suitable person to carry on the activities authorized by the licence in question, or to be involved in such activities; or
- the acquisition of a controlling interest by that person will be in the interest of the diamond trade in general.
(1) A licensee which-
- is a company and is converted into another type or form of company or into a close corporation; or
- is a close corporation and is converted into a company,
must within 14 days after such conversion submit its licence and the amended or new certificate of incorporation or the new founding statement, or a certified copy thereof, to the Director-General.
(2) The Director-General must endorse on the licence such amendments as are necessary as a result of a conversion referred to in subsection (1).
(1) If-
- a licensee has furnished information to the Director-General in or in connection with his or her application for a licence which is in a material respect untrue;
- a controlling interest was acquired without the written approval of the Director-General in a licensee which is a company or close corporation;
- any interest, other than an interest referred to in paragraph (b), has been acquired by a person who is not a suitable person or which in the opinion of the Director-General is not in the public interest or in the interest of the diamond trade in general, was acquired in a licensee;
- a licensee has contravened or failed to comply with a condition of the licence;
- a licensee has contravened or f ailed to comply with a provision of this Act;
- a licensee is or was at any time convicted of any offence concerning the illegal possession of or trade in unpolished diamonds;
- a licensee has at any time been convicted of any offence which in the opinion of the Director-General renders him or her unsuitable; or
- a licensee has ceased to carry on the activities authorized by the licence,
the Director-General may, by way of a notice in writing, request the licensee to show cause within the period specified in the notice, which period shall not be less than 30 days after the date of the notice, why his or her licence should not be suspended or cancelled.
(2) Upon expiry of the period referred to in subsection (1), the Director-General may-
- suspend the licence in question for such period as may be determined; or
- cancel that licence with effect from such date as may be determined.
(3) While a licence is suspended under subsection (2)(a), the licensee concerned shall be deemed not to be licensed.
(4) The Director-General may cancel the licence of a licensee if requested to do so by the licensee.
(5) For the purposes of subsection (1) (d), (e), (f) or (g) licensee includes-
- where the licensee is a company, any director of the company; or
- where the license e is a close corporation, any member of the close corporation.
(6) If the Director-General suspends or cancels a licence in terms of subsection (2), the Director-General must notify the licensee in writing of the decision and the reasons therefor.
Any licensee who has ceased to carry on the activities authorized by his or her licence or whose licence has been suspended or cancelled under section 122(2), must within 30 days after having ceased to carry on such activities or after becoming aware of such suspension or cancellation, return his or her licence to the Director-General.
Permits
(1) An application for any permit in respect of subsections (2) or (3) must be lodged on the prescribed form together wit h the payment of a non- refundable prescribed fee at the office of the Director-General.
(2) Any person must apply for a permit authorising him or her to-
- deliver or sell an unpolished diamond which he or she has lawfully in his or her possession;
- receive or purchase an unpolished diamond;
- export an unpolished diamond; or
- import an unpolished diamond.
(3) Any producer must apply for a permit authorising any other person to sell unpolished diamonds on behalf of that producer.
(4) The Director -General may require that the application in respect of subsection (2)(a), (c) or (d) be accompanied by a sworn affidavit by the applicant in which he or she sets forth how the diamond in question came into his or her possession.
(5) An applicant for a perm it in terms of this Act must furnish such additional information, data or documentation, in connection with his or her application, as the Director-General may require.
(1) The Director-General may-
- issue a permit, subject to any terms and conditions he or she may deem necessary;
- refuse to issue a permit; or
- not issue any permit if the granting thereof will be contrary to the national or public interest.
(2) If the Director-General refuses an application for a permit, the Director-General must notify the applicant in writing of the decision and the reasons therefor.
If the Director-General issues a permit in terms of section 125(1)(a), the Director-General must-
- issue to the applicant the permit on the prescribed form; and
- endorse on such permit any terms and conditions determined by him or her in terms of section 125 (1)(a).
(1) The Director-General may at any time-
- cancel or vary any condition to which a permit issued in terms of this Act is subject; or
- impose any condition or any further condition in respect o f a permit issued in terms of this Act.
(2) The Director-General must endorse on the permit any cancellation, variation or condition referred to in subsection (1).
(3) In order to give effect to subsection (2), the Director-General may request the holder of a permit issued in terms of this Act, in writing, to submit his or her permit to the Director-General within the period specified in the request.
(4) The Director-General will not cancel, vary or impose a condition in terms of subsection (1), unless the permit issued holder concerned has been given a reasonable opportunity to make written representations in relation to such cancellation, variation or imposition.
PART III
THE DIAMOND TRADE
Diamond exchanges
No person may utilise any premises as a diamond exchange unless such premises is registered as a diamond exchange in terms of this Act.
(1) Any person who wishes to utilise any premises as a diamond exchange must apply to the Director-General in writing for the registration of those premises as a diamond exchange.
(2) An applicant for the registration of premises as a diamond exchange must furnish such additional particulars in connection with his application as the Director-General may require.
(3) If the Director-General refuses an application in terms of subsection (1) the Director-General must notify the applicant of the decision and the reasons therefor.
(1) Before the Director-General decides on any application referred to in section 129, the Director-General may conduct such investigation regarding the application as may be deemed necessary.
(2) The Director-General may approve or refuse an application referred to in section 129, but the Director-General will not approve any application if –
- the applicant, or where the applicant is a company, any director thereof, or where th e applicant is a close corporation, any member thereof, is not a suitable person to utilise the premises as a diamond exchange, or to be involved in such utilisation;
- an interest which any person has in the applicant is not in the public interest or the interest of the diamond trade in general;
- the premises do not comply with the prescribed requirements;
- the applicant will probably not be able to exercise, in a satisfactory manner, control over the utilization of the premises as a diamond exchange; or
- the registration of the premises as a diamond exchange will be contrary to the public interest.
(1) If the Director-General approves an application referred to in section 129, the Director-General must against payment of the prescribed fee register the premises in question as a diamond exchange and issue to the applicant a certificate of registration as a diamond exchange on the prescribed form.
(2) The registration of any premises as a diamond exchange in terms o f subsection (1) must be subject to the prescribed conditions.
(3) If the Director-General refuses an application for the approval of premises, the Director-General must notify the applicant in writing of the decision and the reasons therefor.
Premises
(1) No producer, manufacturer of synthetic diamonds, dealer or holder of a permit referred to in section 124(1) or (2) may sell any unpolished diamond elsewhere than on-
- the business premises of a licensee;
- any premises registered as a diamond exchange in terms of this Act;
- the premises referred to in subsection (2)(d); or
- such other premises as the Director-General may approve in terms of section 133 on application in writing by such producer, manufacturer or holder.
(2) No licensee or holder of a permit referred to in section 124(2)(b) may receive or purchase any unpolished diamond elsewhere than on-
- the business premises of a licensee;
- any premises registered as a diamond exchange in terms of this Act;
- the premises referred to in subsection (1)(d); or
- such other premises as the Director-General may approve in terms of section 133 on application in writing by the licensee.
(1) I f an application for the approval of premises is made to the Director-General in terms of section 132(1)(d) or (2)(d), the Director-General may conduct such investigation regarding the application as may be deemed necessary.
(2) The Director-General may app rove on such conditions as may be determined, or refuse to an approve the establishment of premises, but the Director-General may refuse to approve if-
- the granting of the application will not be in the national or public interest; or
- the premises do not comply with the prescribed requirements.
(3) If the Director-General grants an application for the approval of premises, the Director-General must against payment of the prescribed fee issue to the applicant concerned a certificate of approval in respect of the premises on the prescribed form.
(4) If the Director-General refuses an application for the approval of premises, the applicant must be notified in writing of the decision and the reasons therefor.
(5) The Director-General must endorse on such certificate any condition determined under subsection (2).
(1) Subject to the provisions of this section, no cutter, tool-maker or researcher may polish any diamond or crush or set any unpolished diamond in any tool, implement or other article elsewhere than on his or her business premises.
(2) A cutter may apply to the Director-General, in writing, to polish diamonds on such premises other than his or her business premises and for such period as the Director-General may approve.
(3) The provisions of section 133 apply mutatis mutandis in respect of an application in terms of subsection (2).
Every licensee must display his or her full name and a description indicating that he or she is a licensed diamond dealer, diamond cutter, diamond tool-maker or diamond researcher, as the case may be, in a conspicuous position and in characters easily legible on the outside of his or her business premises.
Authorised representatives
No person may sell or purchase any unpolished diamond on behalf of a juristic person unless he or she is registered as an authorised representative of the juristic person in terms of this Act.
(1) Any juristic person may apply to the Director-General on the prescribed form for the registration of a person as its authorised representative.
(2) A juristic person which has applied in terms of subsection (1) for the registration of an authorised representative must furnish such additional information, data or documentation in connection with its application as the Director-General may require.
(3) If the Director-General refuses an application in terms of subsection (1), the applicant must be notified in writing of the decision and the reasons therefor.
(1) The Director-General will not grant any application referred to in section 137 if-
- the person concerned does not comply with the prescribed requirements; or
- a sufficient number of authorised representatives have already been registered in respect of the juristic person.
(2) If the Director-General approves an application referred to in section 137, the Director-General must register the person concerned as an authorised representative of the juristic person and issue to the juristic person a certificate of registration as an authorised representative of the juristic person on the prescribed form.
(3) If the Director-General approves an application for the registration of an authorised representative, the Director-General may determine any condition in respect of such application.
Handling of unpolished diamonds
No licensee may receive or purchase any unpolished diamond-
- for any purpose other than t he activities authorised by his or her licence; or
- from any person not lawfully in possession of that diamond.
(1) Whenever a licensee or a holder of a permit referred to in section 124(2)(b) receives or purchases, whether through an authorised representative or otherwise, any unpolished diamond he or she must forthwith complete in duplicate a note of receipt or purchase on the prescribed form.
(2) The original of every note of receipt or purchase completed in terms of subsection (1) must be handed over to the person who delivered or sold the unpolished diamond, and the copy thereof must be retained by the licensee or the holder of a permit referred to in section 124(2)(b), for a period of at least two years after the date on which he or she received or purchased the unpolished diamond.
(1) Every producer, manufacturer of synthetic diamonds, dealer, cutter or tool-maker must keep or cause to be kept the prescribed register, in which must be entered the prescribed particulars in respect of unpolished diamonds.
(2) Every entry referred to in subsection (1) must be made, in the case of a producer, within 24 hours and, in the case of any other person, within 72 hours after the occurrence of the event recorded.
(3) Every person required to keep a register in terms of subsection (1) must within 14 days after the end of each month, transmit or deliver to the Director-General a true copy of such register kept in respect of that month, together with a sworn affidavit of the truth and correctness thereof.
(4) Every person required to keep a register in terms of subsection (1) must retain the register for a period of at least two years after the date on which the last entry was recorded therein.
In order to sell, export or import any unpolished diamond, other than unpolished diamonds mounted in tools or implements, a cutter, tool-maker or res earcher must obtain a permit referred to in section 124(2)(a), (c) or (d), as the case may be.
General
(1) In order to promote the local diamond processing industry, no person shall, notwithstanding the provisions of this Act, export any unpolished diamond unless such person has entered into an agreement with the Director-General in pursuance of which any such person allocates or offers such unpolished diamond to cutters and tool-makers for processing in the Republic or to researchers for the exclusive purpose of research.
(2) An agreement entered into under subsection (1) must provide for but is not limited to-
(3) Before any agreement referred to in subsection (1) is concluded, any association or organisation protecting, promoting and representing the interests of cutters, tool-makers and researchers must be allowed by the Director-General to comment on the proposed terms and conditions, within a specified period.
- the determination of the class of unpolished diamonds to be allocated or offered to a cutter or tool-maker;
- the basis on or manner in which those diamonds are to be allocated or offered;
- the circumstances under which an allocation or offer may be cancelled or suspended;
- the terms and conditions of sale applicable to an allocation or offer; and
- the settlement of disputes in connection with an allocation or offer.
(4)(a) Any agreement which continues to exist or is in force in terms of section 59 of the Diamonds Act, 1986 (Act 56 of 1986), shall, notwithstanding the repeal of the said Act, remain in force for a period of one year from the date of commencement of this Act, or until it lapses in accordance with the terms and conditions under which it was concluded, whichever period is the shorter.
- Any agreement referred to in paragraph (a) shall be deemed to be an agreement entered into in terms of subsection (1).
PART IV
EXPORT AND IMPORT OF DIAMONDS
Unpolished diamonds
Subject to the provisions of section 143(1), no person may export any unpolished diamond from the Republic unless that diamond has been registered and released for export in terms of this Act.
(1) Any exporter who wishes to register any unpolished diamond for export must at a prescribed export centre furnish the Commissioner with a return on the prescribed form in respect of that diamond.
(2) In the return furnished in terms of subsection (1) the exporter must specify the value of the unpolished diamond and declare that the value so specified is to the best of his or her knowledge and belief the fair market value of that diamond.
(3) A return referred to in subsection (1) must be accompanied by the unpolished diamond in question and the prescribed documents.
(4) If the Commissioner is satisfied that an exporter has complied with the provisions of this section and section 144 he or she must register the unpolished diamond in question for export.
(1) Subject to the provisions of sections 147 and 148, the Minister of Finance may, after consultation with the Minister, levy an export duty on any unpolished diamond exported from the Republic.
(2) An export duty, referred to in subsection (1), shall be levied on the fair market value of an unpolished diamond in the Republic as at the date on which that diamond is registered for export from the Republic in terms of this Act.
(1) An unpolished diamond may be exempted from export duty-
- if it is a synthetic diamond; or
- if the Minister of Finance, with the concurrence of the Minister, determines that it is so exempted.
(2) The Commissioner must in respect of every unpolished diamond exempted from export duty in terms of this section issue to the exporter concerned a certificate of exemption on the prescribed form.
(1) If the Commissioner is satisfied that any unpolished diamond is ex ported-
- to be exhibited or displayed;
- to obtain an expert opinion on it;
- in the case where that diamond is of unusual size or value, in an endeavour to find a purchaser for it; or
- in circumstances where that diamond is likely to be returned unsold to the exporter,
he or she may defer payment of export duty on that diamond for such period, but not exceeding six months from the date upon which that diamond was registered for export in terms of this Act, as the Commissioner may determine.
(2) If the payment of export duty on an unpolished diamond has been deferred under subsection (1), the Commissioner must in respect of that diamond issue to the exporter concerned a certificate of deferment on the prescribed form.
(3) Export duty specified in a certificate issued in terms of subsection (2) shall, subject to subsection (4), be payable within 30 days from the date upon which the certificate lapses.
(4) No export duty is payable on any unpolished diamond in respect of which the payment of export duty has been deferred in terms of this section if that diamond is returned to the Republic to the exporter within the period determined by the Commissioner under subsection (1).
(1) The Commissioner may-
- examine any unpolished diamond registered for export in terms of this Act and verify any information furnished in respect thereof; and
- retain such diamond in order to have the value thereof assessed in the prescribed manner or by any person designated by the Commissioner for that particular valuation or for valuations in general.
(2) The person who has assessed the value of an unpolished diamond referred to in subsection (1)(b), must furnish the Commissioner with a certificate in which he or she specifies the value of that diamond and the name of a person who is prepared to purchase that diamond at the value so specified.
(3) A certificate furnished in terms of subsection (2) shall be deemed to be an offer to the exporter by the person specified therein to purchase the diamond in question at the value specified therein
For the purposes of levying export duty on any unpolished diamond in terms of this Act-
- the value of that diamond as specified in the return referred to in section 145(2); or
- the value of that diamond as specified in the certificate referred to in section 149(2),whichever is the higher value, shall be deemed to be the fair market value of that diamond.
(1) If the value of an unpolished diamond as specified in the certificate referred to in section 149(2) differs from the value of that diamond as specified in the return referred to in section 145(2) by 20 per cent or more, the Commissioner must impose upon the exporter concerned a fine equal to 20 per cent of such difference in value.
(2) The imposition of a fine in terms of subsection (1) shall not be affected by the decision of the exporter concerned to accept the offer referred to in section 149(3) in respect of the unpolished diamond or not to export it any longer.
(3) A fine imposed in terms of subsection (1) shall be payable within 30 days from the date upon which it was imposed.
(1) Any export duty levied or any fine imposed in terms of this Act must be p aid by the exporter concerned to the Commissioner for the benefit of the National Revenue Fund.
(2) The Commissioner must issue to the exporter a receipt in respect of any export duty or fine paid by the exporter.
(1) The Commissioner may not release any unpolished diamond for export unless-
- that diamond has been registered for export in terms of this Act;
- either a certificate of exemption, a certificate of deferment or a receipt for the payment of export duty has been issued to the exporter in respect of that diamond if any exporting duty is imposed in terms of this Act;
- the exporter has paid any fine imposed upon him or her in terms of section 151;
- the Commissioner is satisfied that the provisions of section 143(1) or of any other law relating to the export of that diamond have been complied with; and
- that diamond has been made up in a parcel in such manner as the Commissioner may determine.
(2) The Commissioner must release an unpolished diamond for export by sealing the parcel referred to in subsection (1)(e) with the seal of the Commissioner.
(1) No person may import any unpolished diamond into the Republic unless such diamond –
- is accompanied by the prescribed imp ort certificate;
- has been duly entered for customs and excise purposes in accordance with the Customs and Excise Act, 1964 (Act 91 of 1964); and
- has been described and declared in the prescribed manner.
(2) An unpolished diamond will be refused entry into the Republic if –
- it has been incorrectly described or declared; o
- that diamond is in the opinion of the Commissioner of dubious origin or originates from a source from which the importation of diamonds is contrary to the public interest or the interest of the diamond trade in general.
Polished diamonds
No person may export any polished diamond, irrespective of whether it is set in jewellery or not, from the Republic unless that diamond has been registered and released for export in terms of this Act.
(1) Any person who wishes to register any polished diamond for export must at a prescribed export centre furnish the Commissioner with a return on the prescribed form in respect of that diamond.
(2) A return referred to in subsection (1) must be accompanied by the polished diamond in question and the prescribed documents.
(3) If the Commissioner is satisfied that the provisions of this section have been complied with, he or she must register the polished diamond in question for export.
The Commissioner may-
- examine any polished diamond registered for export in terms of this Act and verify any particulars furnished in respect thereof; and
- retain such diamond in order to-
- have the value thereof assessed in the prescribed manner or by any person designated by the Commissioner for that particular valuation or for valuations in general; or
- determine whether it is in fact a polished diamond.
(1) The Commissioner may not release any polished diamond for export unless-
- that diamond has been registered for export in terms of this Act;
- the Commissioner is satisfied that the provisions of any other l aw relating to the export of that diamond have been complied with; and
- that diamond has been made up in a parcel in such manner as the Commissioner may determine.
(2) The Commissioner must release a polished diamond for export by sealing the parcel refer red to in subsection (1)(c) with the seal of the Commissioner.
The Minister may by notice in the Gazette exempt any person or category of persons from the provisions of section 155 on such conditions as may be specified in the notice.
General
If in connection with the export or import of diamonds the question arises whether any diamond is an unpolished or a polished diamond the Commissioner must decide as to whether it is an unpolished or polished diamond.
For the purposes of this Act, the value of any unpolished or polished diamond must be assessed-
- by assessing jointly the value of all diamonds indicated on the return referred to in section 145(1) or 156(1), as the case may be; and
- on such further basis as may be prescribed.
Any person who feels aggrieved at any action or decision that the Commissioner has taken or made in terms of this Act may, within one month from the date on which such action or decision was made known by the latter, lodge an appeal in writing with the Minister of Finance against any such action or decision, and thereupon the Minister of Finance may confirm, set aside or amend any such action or decision.
The Commissioner may enter into an agreement with any person for the performance of any particular act or work or the rendering of any particular service for the purposes of the performance of the Commissioner’s functions.
PART V
CONTROL MEASURES
(1) The Director-General may for the purpose of this Act direct any person in writing to-
- furnish the Director-General with such information as may be considered necessary; or
- submit any register, book or document in the possession or custody or under the control of any such person which contains or is believed to contain any such information.
(2) The Director-General may require that information requested in terms of subsection (1) (a) be furnished in the form of a sworn affidavit.
(3) The Director-General may examine a register, book or document submitted in terms of subsection (1)(b) or make an extract therefrom or a copy thereof.
(1) The Director-General may inquire into any matter to which this Act relates.
(2) For the purposes of any such inquiry, the Director-General may-
- summon any person who may be able to give information of material importance concerning the subject of the inquiry, or who is believed to have in his or her possession or custody or under his or her control any register, book or document which may have a bearing on that subject, to appear before the Director-General;
- call upon, and administer an oath to, or accept an affirmation from, any person present at the inquiry who was or could have been summoned under paragraph (a);
- interrogate or require any person who was called upon under paragraph (b) to produce a register, bo ok or document referred to in paragraph (a).
(3) A summons for the attendance before the Director-General of any person must be in the form determined by the Director-General, must be signed by the Director-General, and must be served in the same manner as a summons for the attendance of a witness at a civil action in a magistrate's court.
(4) The law relating to privilege as applicable to a person summoned to give evidence or to produce a document or thing before a court of law shall be applicable in respect of the interrogation of, or the production of a register, book, document or thing, by any person referred to in subsection (2)(c).
(1) The Director-General may appoint any officer in the Department as a diamond inspect or.
(2) A diamond inspector must be furnished with a certificate of appointment signed by the Director-General.
(1) In addition to the other functions assigned to a diamond inspector or a police official in terms of any other law, the diamond inspector or police official may-
- at any reasonable time enter an y premises or other property or any vessel on which any activity in connection with unpolished diamonds is carried on and perform on any such premises, property, vehicle, aircraft or vessel such acts as may be necessary to ascertain whether the provisions of this Act have been or are complied with;
- if he or she has reasonable grounds to suspect that an offence in terms of this Act has been committed in respect of any diamond, or has been or is about to be committed in respect of or by means of any machinery, at any time enter and search any premises or other property or any vehicle, aircraft or vessel on or in which such diamond or machinery is suspected to be found;
- if he or she has reasonable grounds to suspect that any machinery is used or intended for use in connection with the unlawful polishing of diamonds, examine, test or take photographs of such machinery;
- question any person who in his or her opinion may be capable of furnishing any information on any matter to which this Act relates, and f or that purpose require a vehicle, aircraft or vessel to be stopped;
- if he or she has reasonable grounds to suspect that any person has committed an offence in terms of this Act in respect of any diamond, search or cause to be searched any such person or any article in his or her possession or custody or under his or her control and such search shall be carried out with strict regard to decency;
- require from any person who has in his or her possession or custody or under his or her control any register or document in terms of this Act, to produce to him or her forthwith, or at such time and place as may be determined by him or her, any such register or document;
- examine any such register or document or make an extract therefrom or a copy thereof, an d require from any person an explanation of any entry in any such register or document;
- if he or she has reasonable grounds to suspect that any parcel which is being or has been dispatched through the post contains any diamond, notwithstanding anything to the contrary in any other law contained, stop or cause to be stopped either during transit or otherwise any such parcel, and open and examine any such parcel in the presence of the person by whom it was dispatched, or any other suitable person; or
- seize any such diamond, machinery, register or document which appears to provide proof of a contravention of a provision of this Act.
(2) An interpreter or a police official may accompany a diamond inspector when he or she performs any function in terms of this Act.
(3) A diamond inspector may not perform any function in terms of this Act unless he or she is at the time of performing that function in possession of a certificate of appointment referred to in section 166(2), which certificate shall be produced at the request of any person affected by the performance of that function.