Court quashes attempt to have Diamond Act section declared unconstitutional
The Constitutional Court has declined to confirm a high court order declaring a section of the Diamond Act to be unconstitutional. Section 20A‚ which was put in place in 2007‚ stated that no licensee may be assisted by a nonlicensee during the viewing‚ purchasing or selling of unpolished diamonds at any place where unpolished diamonds are offered for sale‚ except at diamond exchange and export centres (DEEC). Before the insertion of the section into the act‚ a number of South African Diamond Producers Organisation (Sadpo) members had developed a mode of operation at their licensed business premises. Parcels of unpolished diamonds from local dealers were offered on a tender basis to other South African dealers. Nonlicensed "experts"‚ who attended on behalf of prospective foreign buyers‚ "assisted" the licensed purchasers. Section 20A put an end to this practice. Aggrieved by this‚ the organisation approached the High Court in Pretoria to declare the section unconstitutional. The high...
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