Housing Development Agency Act, 2008
R 385
Diamonds Act, 1986 (Act No. 56 of 1986)Chapter IV : Licences and Permits37. Suspension and cancellation of licences |
| 1) | If – |
| a) | a licensee has furnished information to the Regulator in or in connection with his application for a licence which is in a material respect untrue; |
| b) | a controlling interest was acquired without the written approval of the Regulator in a licensee which is a company or close corporation; |
| c) | any interest, other than an interest referred to in paragraph (b), which in the opinion of the Regulator is undesirable was acquired in a licensee; |
| d) | a licensee has contravened or failed to comply with a condition of the licence; |
| e) | a licensee has contravened or failed to comply with a provision of this Act; |
| f) | a licensee is or was at any time involved in the illegal possession of or trade in unpolished diamonds; |
| g) | a licensee- |
| i) | has at any time been convicted of any offence which in the opinion of the Regulator renders him unsuitable; or |
| ii) | is for any other reason in the opinion of the Regulator not a suitable person, to carry on the activities authorised by the licence, or to be involved in such activities; or |
| h) | a licensee has ceased to carry on the activities authorised by the licence, the Regulator 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 20 days after the date of the notice, why his licence should not be suspended or cancelled. |
| 2) | Upon expiry of the period referred to in subsection (1), the Regulator may- |
| a) | suspend the licence in question for such period as it may determine; or |
| b) | cancel that licence with effect from such date as it may determine. |
| 3) | While a licence is suspended under subsection (2) (a), the licensee concerned shall be deemed not to be licensed. |
| 4) | The Regulator shall cancel the licence of a licensee if requested to do so by the licensee. |
| 5) | For the purposes of paragraph (d), (e), (f) or (g) of subsection (1) 'licensee' includes- |
| a) | where the licensee is a company, any director of the company; or |
| b) | where the licensee is a close corporation, any member of the close corporation. |
