Gold Trade Act
- Commenced on 1 September 1940
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
Part I – Preliminary
1. Short titleThis Act may be cited as the Gold Trade Act [Chapter 21:03].
2. InterpretationIn this Act—“deal”, in relation to gold, means buy, sell, barter, pledge, exchange, give or receive, or offer or expose for sale, barter, pledge or exchange, or have any other dealing or transaction whatever;“gold” means any unmanufactured gold in any form whatsoever, or any article or substance containing such unmanufactured gold, or any article consisting of or containing gold which, although manufactured, is, as such, not an article of commerce or a work of art or an article of archaeological interest, and includes gold derived from the smelting or treatment of any manufactured article containing gold;“holder”, in relation to a registered mining location, means the person in whose name such location is registered with the mining commissioner or with the Secretary and, in the case of a deceased person or of a company in liquidation or of any person under a legal disability, means the executor, administrator, liquidator, trustee, tutor, curator or other person who has the administration or control of the property of the person in whose name such location is registered;“licence” means a licence issued in terms of this Act;“mining location” means a mining location registered in terms of the Mines and Minerals Act [Chapter 21:05];“Minister” means the Minister of Mines or any other Minister to whom the President may, from time to time, assign the administration of this Act;“permit” means a permit issued in terms of this Act;“postal article” includes any letter, postcard, printed paper, newspaper, commercial paper, pattern, sample, parcel or other article whatsoever in the course of transmission by post;“Secretary” means the Secretary of the Ministry for which the Minister is responsible;“tributor” means the lessee or assignee of the rights of a holder.
Part II – Dealing in and possession of gold
3. Prohibition of dealing in or possession of gold
4. Authorized person may only deal with authorized personAny person authorized by this Act to deal in gold may only deal in gold with a person authorized by this Act to deal in gold, and then only to the extent to which such other person is authorized to deal in gold.
5. Miners may only deal in and possess gold won from their own locationsA holder or tributor may only deal in and possess gold which has been won by him or his employee acting on his behalf from the mining location upon which he has mining rights:Provided that no holder or tributor may sell any such gold except to the holder of a gold dealing licence or a gold recovery works licence, unless authorized by the Minister to sell such gold to some other person.
6. Disposal of gold by persons authorized to possess gold
7. Lawful possession of gold by licence and permit holdersAny holder of a licence or permit may only possess gold received by him as the result of his lawful dealing with a person authorized by this Act to deal in gold.
8. Register of transactions to be kept by licensees
9. Possession of gold not shown in register of permit holderIf the holder of a permit who is required by regulation to keep proper records of his dealings in gold is in possession of gold in excess of the amount shown to be in his possession by his records, he shall, for the purposes of section three, be deemed to be in unlawful possession of such excess, unless he can account satisfactorily for such possession.
10. Transmission of gold by post
11. Malicious placing of goldIf any person maliciously places any gold in the possession of or on the premises of any other person with intent that such other person shall be prosecuted or convicted under this Act, he shall be guilty of an offence.
12. Smelting of jewellery
Part III – Licences and permits
13. Classification of licencesThe licences which may be granted or renewed under this Act are as follows—
14. Dealings authorized by various licences
15. Form of licencesLicences issued under this Act shall be in the prescribed form.
16. Authority for issue of licencesNo licence shall be issued to any person except upon the written authority of the Minister or the Minister responsible for finance, as the case may be, who may, without assigning any reason, refuse to grant authority for the issue of such licence or impose such conditions upon the issue of such licence as he may think fit.
17. Issuer of licences
18. Date of expiry of licencesUnless previously cancelled in terms of section twenty-one, every licence which—
19. Licences feesThere shall be paid for the issue or renewal of a licence such fee as the Minister may fix by notice in a statutory instrument.
20. Permits to deal in or possess gold
21. Cancellation of licencesThe President may, upon the conviction of the holder of any licence for an offence under this Act, or on the breach of any condition of the licence or for other good and sufficient reason, at any time cancel any such licence, whereupon the holder thereof shall be deemed to be unlicensed.
22. Revocation of permitsThe Minister may, upon the conviction of the holder of any permit for an offence under this Act, or on the breach of any condition of the permit or for other good and sufficient reason, at any time revoke any such permit, whereupon the holder thereof shall be deemed to be no longer the holder of a permit.
Part IV – General
23. Disabilities entailed by a trader on conviction
24. Person convicted may not enter mining locationIf any person is convicted of an offence in terms of section three, ten, eleven, twelve or twenty-six, the conviction shall have the effect of prohibiting such person from entering or being upon any precious metals mining location during the period of five years from the date of his conviction unless the court for any reason (which it shall record) thinks fit to order otherwise, and any such person who fails to comply with a prohibition under this section shall be guilty of an offence:Provided that nothing in this section contained shall be deemed to prohibit any such person from passing through a precious metals mining location upon a road to which the public have a right of access.
25. Production of licences and permits
26. False statementsIf any person makes any statement which he knows to. be false for the purpose of procuring, whether for himself or any other person, the grant of a licence or permit, he shall be guilty of an offence.
27. Procedure on confiscation of gold
28. Gold, ownership of which is unknownIf a police officer or any other person delivers to the Secretary gold, the lawful owner or holder of which is not known the gold shall be deemed to be forfeited to the State and the Secretary shall deal with it in terms of section twenty-seven.
29. Powers of entry and search by policeAny police officer may without warrant at any time by day or by night—
30. Offences and penalties
History of this document
31 December 2016 this version
01 September 1940