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Diamonds Act, 1986 (Act No. 56 of 1986)

Chapter III : Illegal Acts

25. Unpolished diamonds found or picked up by chance

 

1) Any person who by chance finds or picks up any unpolished diamond at any place where he or she or his or her employer is not permitted to prospect, dig or mine for diamonds in terms of the Mineral and Petroleum Resources and Development Act shall forthwith take that unpolished diamond to the nearest police station and deliver it to a member of the South African Police Service on duty who holds a rank of at least sergeant.

 

2) If the Commissioner of the South African Police or any other member designated by him-
a) is satisfied that a person is the owner of a diamond referred to in subsection (1) or is entitled to be in possession thereof, he shall deliver that diamond to such person; or
b) is not so satisfied, he shall cause a notice to be published in the Gazette calling upon any person who may be the owner of that diamond or entitled to be in possession thereof to prove his ownership or right of possession.

 

3) If no person furnishes proof to the satisfaction of such Commissioner or member of his ownership or right of possession within 21 days after the date of publication of a notice referred to in subsection (2) (b), such Commissioner or member shall cause the diamond in question to be sold and the proceeds thereof shall, subject to subsection (4), be paid into the State Revenue Fund.

 

4) If such Commissioner or member is satisfied that the diamond in question was found or picked up in the circumstances mentioned in subsection (1), he shall pay to the person who so found or picked up that diamond an amount calculated at one-third of the amount realized at the sale in terms of subsection (3).