60. Licence

(1)    

(a)     No person shall perform any act or be in possession of or use anything in respect of which a licence is prescribed in Schedule No. 8 unless such person has obtained the appropriate licence which shall not be issued unless the prescribed licence fee has been paid.

(b)     The activities for which a licence is required, the persons who are required to licence, the procedures, conditions, which may include the furnishing of security, and any other requirements relating to such licence, if not prescribed elsewhere in this Act, may be prescribed in the Notes to the item in which such licence is specified in Schedule No. 8 and any rules made by the Commissioner under the provisions of this Act.

(c)    

(i)      Any person applying for a licence under any provision of this Act shall, before such licence is issued, furnish security, in the form, nature or amount determined by the Commissioner to protect the state from any loss likely to be incurred as a result of the activities to be licensed.

(ii)     The Commissioner may at any time require that the form, nature or amount of such security be altered so as to protect the state as contemplated in subparagraph (i).

[Paragraph (c) added by section 48 of Act 30 of 2002]

[Subsection (1) substituted by section 46 of Act 19 of 2001]

(2)     The Commissioner may, subject to review by the High Court –

(a)     refuse any application for a new licence or refuse any application for a renewal of a licence if –

(i)      the applicant –

(aa)   does not comply in respect of such application with the requirements specified by rule or any condition imposed by the Commissioner;

(bb)   has made a false or misleading statement with respect to any material fact or omits to state any material fact which was required to be stated in the application for a licence;

(ii)     the applicant or any employee of such applicant has –

(aa)    contravened or failed to comply with the provisions of this Act; or

(bb)   been convicted of an offence under this Act; or

(cc)    been convicted of an offence involving dishonesty; or

(dd)   failed to comply with any condition or obligation imposed by the Commissioner in respect of such licence:

Provided that subparagraphs (aa) to (cc) shall not apply in respect of an employee if the applicant proves that he was not a party to or could not prevent any such act or omission by such employee; or

(b)     cancel or suspend for a specified period any licence –

(i)      if the holder of such licence –

(aa)   is sequestrated or liquidated; or

(bb)   no longer carries on the business for which the licence was issued; or

(cc)   is no longer qualified according to the qualifications prescribed in the rules; or

(dd)   failed to pay any amount demanded under this Act within 30 days from the date of such demand; or

(ii)     if the holder of such licence or the employee of such licensee has –

(aa)    contravened or failed to comply with the provisions of this Act; or

(bb)   been convicted of an offence under this Act; or

(cc)    been convicted of an offence involving dishonesty; or

(dd)   failed to comply with any condition or obligation imposed by this Act or by the Commissioner in respect of such licence:

Provided that subparagraphs (aa) to (cc) shall not apply in respect of an employee if the holder proves that he was not a party to or could not prevent any such act or omission by such employee:

Provided that before a licence is cancelled or suspended, except when any demand for any amount remains unpaid for a period exceeding 30 days from the date of the demand, the Commissioner shall –

(a)     give 21 days notice to the licensee of the proposed cancellation or suspension;

(b)     provide reasonable information concerning any allegation and grounds for the proposed cancellation or suspension;

(c)     provide a reasonable opportunity to respond and make representations as to why the licence should not be cancelled or suspended.

[Subsection (2) substituted by section 11 of Act 86 of 1982, section 44 of Act 45 of 1995, section 57 of Act 53 of 1999 and section 46 of Act 19 of 2001]

(3)     The Minister may, whenever he deems it expedient in the public interest to do so, amend Schedule No. 8 by notice in the Gazette.

[Subsection (3) added by section 25 of Act 59 of 1990]

(4)     The provisions of section 48(6) shall mutatis mutandis apply in respect of any amendment made under the provisions of subsection (3) of this section.

[Subsection (4) added by section 25 of Act 59 of 1990 and substituted by section 9 of Act 19 of 1994]

[Section 60 amended by section 4 of Act 85 of 1968, substituted by section 20 of Act 105 of 1969 and amended by section 14 of Act 21 of 2021 effective on 19 January 2022].