Section 3: Permits

3. Permits (1) Subject to this Act, no person shall make or cause to be made any public collection unless this section is complied with. (2) (a) Every promoter intending to make a public collection shall make an application in writing for a permit to the Commissioner not less than 15 days before the date on which the collection is intended to start or to be made. (b) Notwithstanding paragraph (a), the Commissioner may, upon good cause shown to his satisfaction, entertain an application which is made beyond the time limit mentioned in paragraph (a). (3) An application under subsection (2) shall be in the form set out in the First Schedule and contain the particulars specified in it. (4) Upon receipt of the application, the Commissioner may issue to the applicant a permit in the form set out in the Second Schedule. (5) The Commissioner may refuse to grant a permit or, where a permit has been granted, revoke it, if he has reasonable ground to believe that— (a) the amount of the proceeds to be applied for the purpose for which the public collection is made or intended to be made is inadequate in proportion to the total amount of the proceeds; (b) the remuneration given or to be given to collectors is excessive; (c) the grant of a permit is likely to facilitate the commission of an offence involving fraud or dishonesty; (d) the applicant, promoter, collector or prospective collector is not a fit and proper person by reason of the fact that he has been convicted of an offence involving fraud or dishonesty; (e) the applicant, promoter, collector or prospective collector has committed an offence under this Act; or (f) (i) the public collection is in aid of, or the promoter or collector or prospective collector is a member of, an unlawful association; (ii) the purpose of the public collection is illegal, fictitious or objectionable on grounds of public policy; or (iii) the refusal or revocation of a permit is otherwise desirable in the public interest. (6) (a) A decision of the Commissioner relating to the refusal or revocation of a permit shall be notified in writing to the applicant or promoter, as the case may be. [Issue 1] P47 – 2 (b) An applicant or promoter who is aggrieved by the decision under paragraph (a) may, within 7 days of the notification, appeal to the President. [S. 3 amended by Act 48 of 1991.]