PART XIV High value minerals |
| 104. Prohibitions relating to dealing in or possession of high value minerals. (1) Subject to the provisions of this section and any other law, no person - (a) shall purchase, sell, deal in, receive or dispose of by way of barter, pledge or otherwise, either as principal or as agent or have in his or her possession, any high value mineral, unless - (i) such person is - (aa)in the case of a person who has won or mined such high value mineral on a mining claim registered in his or her name in respect of such high value mineral or in terms of a mining licence issued in respect of such high value mineral, granted the permission contemplated in section 31(1)(d) or 90(1)(d), as the case may be; or (bb)in the case of a person who is in possession of such high value mineral on a claim area or mining area on which such high value mineral has been won or mined, is so in possession on the claim area so registered or on the mining area in respect of which such mining licence has been so issued; (ii) such person is, in the case of a person who has found or incidentally won such high value mineral in terms of a non-exclusive prospecting licence, an exclusive prospecting licence or a mineral deposit retention licence issued in respect of such high value mineral, granted the permission contemplated in section 16(1)(c), 67(1)(c) or 77(1)(d), as the case may be; (iii)such person is in possession of a permit issued in terms of section 105 authorizing such person to purchase, sell, deal in, receive or dispose of, or to be in possession of such high value mineral; (iv) such person is in possession of an authorization in writing issued by a person referred to in subparagraph (i), (ii) or (iii) authorizing him or her to purchase, sell, deal in, receive or dispose of, or to be in possession of, such high value mineral on behalf of such person in the course of his or her duties as his or her agent or servant; (v) in the case of an unwrought precious metal, such unwrought precious metal does not exceed 10 grams in mass; or (vi) such person has come into possession of such high value mineral in a lawful manner; (b) shall purchase or otherwise receive any high value mineral from any other person without having satisfied himself or herself that such person is lawfully entitled to sell or otherwise dispose of, or to be in possession of, such high value mineral; (c) shall deliver or cause to be delivered any high value mineral in payment of any debt due from him or her or any other person or in consideration of any service rendered or to be rendered to him or her or any other person. (2) Any person who contravenes or fails to comply with the provisions of subsection (1) shall be guilty of an offence and on conviction be liable - (a) in the case of an offence referred to in paragraph (a) or (b) of subsection (1), to a fine not exceeding R50 000 or to imprisonment for a period not exceeding three years or to both such fine and such imprisonment; or (b) in the case of an offence referred to in paragraph (c) of subsection (1), to a fine not exceeding R20 000 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. 105. Applications for, and issue of, permits. (1) An application for a permit referred to in section 104(1)(a)(iii) shall be made to the Commissioner in such form as may be determined in writing by the Commissioner and shall be accompanied by such application fee, if any, as may be determined under section 123. (2) An application referred to in subsection (1) shall not be granted, except after consultation with the Inspector-General of he Namibian Police Force or a person designated by him or her. (3) The Commissioner shall, upon the granting of an application referred to in subsection (1) and the payment of such fee, if any, as may be determined under section 123, issue in such form as may be determined in writing by him or her a permit for such period, not exceeding 12 months, as may be so determined by the Commissioner at the time of the granting of such application authorizing the holder thereof to purchase, sell, deal in, receive or dispose of, or to be in possession of, such high value mineral. 106. Obligations of persons authorized under section 105 to purchase, sell, deal in, receive or dispose of, or to be in possession of, high value minerals. (1) Any holder of a permit issued under section 105 who purchases or otherwise receives for purposes of sale or disposal any high value mineral shall keep a register in such form as may be determined in writing by the Commissioner in which shall be recorded in relation to any transaction by virtue of which any such high value mineral is so purchased or received within 24 hours after every such transaction - (a) the date and time of such transaction; (b) the nature of such transaction; (c) the full names and address of the persons involved in such transaction; (d) the nature and weight of the high value mineral so purchased or received; (e) the price, if any, involved in such transaction; (f) the number and date of the permit issued under section 105 and by virtue of which the high value mineral was sold or otherwise disposed of; and (g) the manner in which such holder has dealt with any high value mineral. (2) A holder referred to in subsection (1) shall - (a) submit, within 15 days after the end of each quarter during the currency of such permit, by way of an affidavit or a solemn declaration to the Commissioner an extract in duplicate of the register referred to in subsection (1) containing the record of all transactions which have taken place during each month of such quarter; (b) shall, upon the request of the Commissioner or any police officer, produce such register for inspection. (3) Any holder referred to in subsection (1) who contravenes or fails to comply with the provisions of subsection (1) or (2) shall be guilty of an offence and on conviction be liable to a fine not exceeding R50 000 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment and the court convicting any such holder shall declare the permit issued to such holder to be forfeited. |