private security industry regulations

8/7/2019 Private Security Industry Regulations

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Regulations made under thePrivate Security Industry Regulation Act, 2001

(Act No. 56 of 2001)

MINISTRY FOR SAFETY AND SECURITY

REGULATIONS MADE UNDER THE PRIVATE SECURITY INDUSTRY REGULATION ACT,

2001 (ACT NO. 56 OF 2001)

PRIVATE SECURITY INDUSTRY REGULATIONS, 2002

The M inister for Safety and Sec urity ha s, ac ting und er sec tion 35 of the Private Sec urity Industry

Reg ulation Ac t, 2001 (Ac t No. 56 of 2001), ma de the Reg ulations in the Sched ule hereto.

SCHEDULE

REGULATIONS REGARDING APPLICATIONS FOR REGISTRATION AS A SECURITY SERVICE

PROVIDER, TRAINING REQUIREMENTS FOR REGISTRATION, CLEARANCE CERTIFICATES,

INFRASTRUCTURE AND CAPACITY NECESSARY TO RENDER A SECURITY SERVICE, REGISTER OF

SECURITY SERVICE PROVIDERS, CHANGE OF NAME AND STATUS OF SECURITY SERVICE

PROVIDER, CHANGE WITH REGARD TO INFORMATION SUBMITTED TO THE AUTHORITY,

CERTIFICATES OF REGISTRATION, IDENTIFICATION AND APPOINTMENT, KEEPING OF RECORDS

AND DOCUMENTS, APPLICATION FOR SUSPENSION AND WITHDRAWAL OF REGISTRATION,


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SPECIFICATION OF NUMBERS AND OTHER INFORMATION ON DOCUMENTS, UNIFORMS,

INSIGNIA, BADGES AND FIREARMS, TRANSITIONAL AND GENERAL PROVISIONS, AUTHORITATIVE

TEXT, REPEAL OF REGULATIONS, AND MATTERS INCIDENTAL TO THE ABOVE.


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INDEX

Regulation

Definitions 1

App lica tion for reg istration as sec urity service p rovide r 2

Training requirem ents for reg istrat ion as sec urity service p rovide r 3

Clearance certificate: ex-member of an official military, security,

po lice or intellige nc e force or servic e 4

Infrastruc ture and capac ity nec essary to rend er a sec urity service 5

Reg ister of sec urity service p rovide rs and related issues 6

Change of nam e and status of sec urity service provider 7

Change with reg ard to informa tion provided to the Authority 8

Certificate s of reg istration, ide ntification and ap po intment 9

Keep ing of rec ords and do cuments 10

App lica tion for suspe nsion and withdrawa l of registra tion 11

Spe c ifica tion of reg istration numb er and o ther informa tion on

documents 12

Uniforms, insignia , badges and firea rms 13

Transitiona l and genera l p rovisions 14

Autho ritative text 15

Rep ea l of reg ulations 16

Short title and c omm enc eme nt 17

SCHEDULE: Clea ranc e c ertificate in terms of sec tion 23(1)(f) of the Priva te Sec urity Industry

Reg ulation Ac t

Definitions

1. In these reg ulations any wo rd or expression to which a meaning has bee n assigned in

the Ac t will be ar the m ea ning so a ssigned and , unless the c onte xt ind ica tes othe rwise

-

Boa rd means the Sec urity Office rs Interim Board e stab lished by sec tion 2 of the

repealed legislation;

day includes Sa turdays, Sundays and pub lic ho lidays;

direc tor inc lude s any p erson app ointed a s an a c ting d irec tor by the Counc il;

registration number means the registration number contemplated in regulation

6(1)(a) of these regulations;


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rep ea led legislation me ans the Sec urity Officers Ac t, 1987 (Ac t No. 92 of 1987);

the Ac t me ans the Private Sec urity Industry Reg ulation Ac t, 2001 (Act No. 56 of

2001) and includes these regulations as well as the code of conduct for security

service providers;

the Levies Act means the Private Sec urity Industry Levies Act;

these regula tions means the regulations c onta ined in this Sched ule.

Application for reg istration as a security service provider

2. (1) An ap p lica tion for reg istration as a sec urity service p rovider in terms of sec tion

21 of the Ac t must be subm itted to the direc tor on the ap plicab le form as

determined by the Authority for this purpose and which may be obtained

from the Authority.

(2) The duly com pleted and signed ap plication form subm itted to the direc tor in

the case of an application for registration by a natural person, not applying

for reg istra tion as a sec urity business, must be a cc om pan ied by the fo llow ing

(a ) pa yment of the following a mounts:(i) the relevant application fee;(ii) the a mount p aya ble to the Service in respe c t of the

preliminary sc reening of the ap plicant by the Service on the

basis of the name and identity number of the applicant, as

contemplated in paragraph (f), if the applicant requests this

procedure and wishes the Authority to submit the request to

the Service; and

(iii) (aa) before the implementation of the Levies Act, theprescribed amount for a period of at least 1 month, as

contemplated in regulation 9(4), published in Government

Gazette No. 22770 dated 1 November 2001, prescribed in

terms of sec tion 18 of the repea led leg islation; or

(bb) after the implementation of the Levies Act, the

ap plic ab le levies for a p eriod of a t least 1 month as imposed

in terms of the Levies Act;

(b ) an authenticated copy of the first page of the official identitydocument of the applicant or an authenticated copy of any other

official document d em onstrating the a pp licant s identity and South

African citizenship;

(c ) proof to the satisfac tion o f the Authority that a n app licant who is not aSouth African c itizen has permanent residen t sta tus in South Africa ;

(d ) an authenticated, recent, clear passport size photograph of theapplicant;

(e ) a c lea r and c omp lete set of finge rprints of the app licant, taken on theform used by the Service fo r this purpo se, by or in the presenc e o f a

mem be r of the Service o r by o r in the p resenc e o f an e mp loyee of the

Autho rity designa ted in writing by the d irec tor to perform this func tion;


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(f) a p rop erly co mp leted req uest for p reliminary sc reening by the Serviceon the basis of the applicants name and identity number, if the

applicant requests such screening, to confirm his or her criminal

record status and the Authority is willing to consider the application in

terms of sub-regulation (5);

(g )

original police or other official clearance certificates on the criminalrecord status of the applicant, where applicable, as contemplated in

sub-regulation (6);

(h) an original clearance certificate materially satisfying the requirementsin regulation 4 of these regulations if the applicant is a person

contem plated in sec tion 23(1)(f) of the Ac t;

(i) an original certificate or other proof, acceptable to the Authority,that the applicant has complied with the applicable training

requirements contemplated in regulation 3 of these regulations; and

(j) a va lid unde rtaking reg arding suretyship or gua rante e c ontem platedin sub-regulation (4)(c) if the applicant is a person contemplated in

sec tion 21(1)(a)(iii), (iv), (v), (vi) or (vii) of t he Ac t.

(3) The duly com pleted and signed ap plication form subm itted to the direc tor in

the case of an application for registration by a security business, must be

ac c omp anied by the following -

(a ) pa yment of the following a mounts:(i) the relevant ap plication fee; and

(ii) (aa ) befo re the implementa tion o f the Levies Ac t, the p resc ribed

amount for a period of at least 2 months, as contemplated in

regulation 9(3) item X, published in Government Gazette No.

22770 dated 1 November 2001, prescribed in terms of section

18 of the rep ea led legislation; or (bb ) afte r the

implementation of the Levies Act, the applicable levies for a

period of at least 2 months as imposed in terms of the Levies

Act;

(b ) duly completed applications for registration as contemplated in sub-regulation (2), accompanied by all the required supporting

documentation, in respect of all persons referred to in section

21(1)(a)(ii), (iii), (iv), (v), (vi) or (vii) of the Act, if they are not already

registered as sec urity service p rovide rs;

(c ) an authenticated copy of the CK1 and CK2 documentation if theap plicant is a c lose c orporation;

(d ) an authenticated copy of the CM1, CM2, CM27 and CM29doc umentation if the ap plica nt is a co mpa ny;

(e ) a list, certified a s correc t by the duly ap po inted a uditor of theapplicant, if the applicant is a company which is not listed publicly,

with the names, identity numbers and street addresses of all

shareholders of the app licant as at the d ate when the a pp lication for

registration is made, or such certified particulars of all shareholders of


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the a pp licant who ow n or co ntrol 5% or more of the tota l shareholding

of the app licant if the ap plicant is a p ublic ly listed com pa ny;

(f) an a uthentica ted co py o f the pa rtnership ag reeme nt if the ap plica ntis a partnership;

(g )

an authenticated copy of the trust deed and the letter ofauthorisation to the trustees from the Master of the High Court if the

app licant is a business trust;

(h) an authenticated copy of the documentation establishing thefounda tion if the ap plicant is a found ation;

(i) an authenticated copy of the documentation or authority in terms ofwhich the applica nt is established or funct ions if it is a bod y of p ersons

othe r than that referred to in paragrap hs (c ), (d), (f), (g) or (h);

(j) a tax c lea ranc e certificate from the South A frican Revenue Service,unless the director dispenses with this requirement for a sound reason

after obta ining a pp rova l from the C ounc il;

(k) sufficient information in writing to enable the Authority to ascertainwhether the applicant meets the requirements in regard to

infrastruc ture and capa c ity nec essary to rend er a sec urity service as

contem plated in sec tion 23(2)(b) of the A c t and reg ulation 5 of these

reg ulations; and

(l) a resolution by the a pplica nt sec urity business, in the form approve dby the Autho rity, to app ly for reg istra tion as a sec urity service p rovider.

(4) The Authority ma y reg ister an app licant sec urity business as a sec urity service

provider if-

(a ) the applicant meets the requirements in respect of infrastructure andcapacity contemplated in section 23(2)(b) of the Act and regulation

5 of these regulations, or will meet such requirements when

commencing with its business activities in the rendering of a security

service;

(b ) the applicant demonstrates to the satisfaction of the director,through substantiated factual information, that the applicant is likely

to com menc e with its business ac tivities in rend ering a sec urity service

within a p eriod of 3 mo nths a fter such registration; and

(c ) the persons referred to in sec tion 21(1)(a)(iii),(iv), (v), (vi) and (vii) ofthe Act provide the suretyship or guarantee that the director may

deem necessary to ensure compliance with the financial obligationsof the a pp lic ant towa rds the Authority.

(5) The Autho rity ma y consider the app lica tion for registra tion as a sec urity

service provider by a natural person whose criminal record status has not yet

been confirmed through the c lassifica tion of his or her fingerprints if


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(a ) the a pp licant s finge rprints have be en ta ken in the m anne r de sc ribe din regulation 2(2)(e) of these regulations and have be en p rovided to

the Authority; and

(b ) the Service ha s performed a p reliminary sc reening on the ba sis of theapplicants name and identity number and has confirmed the

applicants criminal record status in writing as a result of suchscreening.

(6) A pe rson who has immigrated to South Afric a during the 10 yea r period

immediately preceding his or her application for registration as a security

servic e p rovider or who has bee n residen t ou tside South Africa for an

uninterrupted pe riod of a t least 1 yea r during the 10 year pe riod immed iate ly

p rec ed ing his or her ap p licat ion for reg istration, must submit an origina l police

or other official clearance certificate on his or her criminal record status from

eve ry c ountry outside South Africa whe re he or she ha s been residen t w ithin

the releva nt pe riod.

(7) (a) No am ount pa id to the Authority by an ap plicant in terms of sub-

regulation (2)(a)(i), (2)(a)(ii), (3)(a)(i) or regulation 5(2) of these

reg ulations, is refund able if the a pp lic at ion for reg istration is withd rawn

by the a pp licant o r if the ap plication is not app roved by the Autho rity.

(b) An am ount pa id to the Authority as contem plated in sub-reg ulation

(3)(a)(ii) does not affect the liability of the security business in question

in respec t of p ayment o f the ba lanc e of the full app lica ble am ount

due in terms of the formula contained in regulation 9(3) as

contemplated in sub-regulation (3)(a)(ii), or the balance of the full

ap plicab le levies due in terms of the Levies Ac t, as the c ase ma y be.

(8) A dec ision of the Autho rity c onte mp la ted in sec tion 23(6) of the Ac t to reg ister

any applicant as a security service provider may only be taken with due

regard to the applicable policies and procedures approved for this purpose

by the Co uncil and must be co ntained in a do cume nt signed by the d irec tor

and in which the de c ision to register the ap plicant m ust be rec orded as we ll

as the full rea sons on wh ich the d ec ision is based .


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Training requireme nts for reg istration as a sec urity servic e provider

3. (1) The requirem ents reg ard ing training , instruction and qua lifica tion in terms of

this regulation apply in regard to the registration of an applicant as a security

service provider as contemplated in section 23(1)(c) of the Act and do not

substitute or qualify the provisions of any law or code of conduct regarding

the training, instruction or qualification required before a security serviceprovider is a llowed to rend er a p articular sec urity service.

(2) Sub jec t to this reg ulation, eve ry na tural person applying for reg istration as a

security service provider must have successfully completed, at a training

establishment accredited in terms of law, at least the training course

described and recognized as Grade E in terms of the law and policy

applied by the Board acting in terms of the provisions of the repealed

legislation and the regulations made in terms thereof, or in terms of a

prevailing subseq uent p olic y ap plied by the Authority, as the c ase m ay b e.

(3) Sub jec t to this reg ulation, eve ry person conte mp lated in sec tion 21(1)(a) (ii),

(iii), (iv), (v), (vi) or (vii) of the Act, or a person who intends to render a security

service contemplated in paragraph (l) of the definition of security service in

section 1(1) of the Act, who applies for registration as a security service

provider, must have successfully completed, at a training establishment

accredited in terms of law, at least the training course described and

rec og nized as Grade B in terms of the law and po licy ap plied by the Boa rd

ac ting in terms of the p rovisions of the rep ea led leg isla tion and the regulations

made in terms thereof, or in terms of a prevailing subsequent policy applied

by the Authority, as the c ase m ay b e.

(4) Where an applica nt for reg istration as a sec urity service p rovide r indica tes on

the a pp lication form c ontem plated in regulation 2(2) of these regulations that

a fter reg istration the a pplica nt intends to rend er a sec urity service -

(a ) in respect of which there is at the date of application a specificrequirement regarding training, instruction or qualification in terms of

the law and policy applied by the Board acting in terms of the

provisions of the repealed legislation and the regulations made in

terms thereo f, or in terms of a p reva iling subseq uent p olic y ap plied b y

the Authority, as the case may be, the applicant must submit an

original certificate or other proof, acceptable to the Authority,

indica ting that the app lic ant meets such req uireme nt; or

(b ) in respect of which there is not at the date of application a specificrequirement regarding training, instruction or qualification as

contemplated in paragraph (a) or any other legal provision, and in

respect of which compliance with the training requirements

contemplated in sub-regulations (2) or (3) would, in the opinion of the

Autho rity, not be a pprop riate or nec essary for reg istration, theapplicant may be registered as a security service provider if the

applicant demonstrates to the satisfaction of the Authority that the

applicant will be able to render such a security service on the basis of

any releva nt training, instruction, qua lifica tion or experienc e.

(5) The Autho rity ma y, for the purposes of sec tion 23(1)(c) of the Ac t, upon go od

cause shown by an applicant to the satisfaction of the Authority and after

payment of the amount as may be determined by the Authority for such


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purpose, recognize any relevant and adequate training, instruction,

qualification or experience of an applicant as equal to or higher than that

c ontem plated in this regulation and issue a do cument to the ap plicant to t his

effec t for the p urposes of these regulations.

(6) The Autho rity performs its func tions in terms of this regulation a fter suc h

c onsultation w ith the South African Qua lifica tions Autho rity, the Polic ing,Sec urity, Leg a l and Co rrec tiona l Services Sec tor Educ at ion a nd Training

Authority, or with any other statutory body, as the Authority may deem

necessary.

Clearance certificate: ex- mem ber of a ny o fficial m ilitary, sec urity, po lice or intelligenc e force

or service

4. (1) In this regulat ion, unless the context indic a tes otherwise -

former employer means any official military, security, police or intelligence

forc e o r service , whethe r in South Africa or elsew here, or its suc cessor in law,

of which a n ap plic ant c ontem plated in sec tion 23(1)(f) of the Ac t is a former

member.

(2) The c lea ranc e c ertificate conte mp lated in sec tion 23(1)(f) of the Ac t must be

c omp leted in the form c onta ined in the Sched ule to these regulations.

(3) An ap plicant contem plated in sec tion 23(1)(f) of the Ac t must, subjec t to this

regulation, submit such clearance certificate from all his or her former

employers.

(4) Where an app licant subm its a certificate which does not in the op inion of the

director materially satisfy the requirements of sub-regulation (2), or if the

d irec tor is of t he op inion tha t further enq uiry o r investiga tion is nec essary, the

director may postpone consideration of the application for registration

pending rectification of the certificate to the satisfaction of the director, or

finalisa tion o f suc h enquiry or investiga tion a s ma y b e nec essary.

(5) Where an app lic an t s former em p loyer no long er exists or whe re it is

de monstrate d by the ap plicant to the satisfac tion o f the Authority that it is not

po ssible o r rea sona bly prac tical to subm it a c lea ranc e c ertifica te c onta ining

a ll the required particulars, the Authority may

(a ) hold over the application for registration pending further investigationand c onsideration of the bac kground of the ap plica nt; or

(b ) if it is reasonable to do so in the circumstances, and after complyingwith the provisions of regulation 2(8) of these regulations and

obtaining the consent of the Council, register the applicant as a

security service provider if it considers the applicant a fit and properpe rson to rende r a sec urity service.

(6) The pa rticulars in a clea ranc e certificate must be taken into ac c ount to

de termine whe ther the ap plicant is a fit and p rop er person a s contem plated

in sec tion 23(1) of the Ac t.

(7) A former em ployer must, at the req uest of an ap plicant c ontem plated in

section 23(1)(f) of the Act, furnish the applicant with a properly completed


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c lea ranc e c ertificate within a p eriod of 30 da ys afte r rec eipt of the reque st or

within such o ther pe riod as may be rea sona ble in the c irc umstanc es.

Infrastruc ture and cap ac ity necessary to render a security service

5. (1) Every sec urity business applying for registration as a sec urity service p rovide r

must, for the p urposes of c om plianc e w ith the p rovisions of sec tion 23(2)(b) ofthe Act

(a ) furnish fac tua lly substantiated informa tion in writing to the Autho rity onthe nature and scope, including the geographical area, of the

ap p licant s intended and likely ac tivities in rend ering a sec urity servic e

for at least a period of 1 year after commencing with its business

activities; and

(b ) de monstrate , throug h a de c laration w ith such substantiation a s ma ybe necessary, to the satisfaction of the Authority that the applicant

will mee t the follow ing m inimum requireme nts at the com menc eme nt

of its business activities in the rendering of a security service, and is

likely to continue to meet these requirements for at least 1 year after

such c ommenceme nt -

(i) the app lican t has a t its d isposa l an administrative office ,

consisting of at least one room dedicated for this purpose,

which must be an immovable structure, situated at a place

tha t is rea sona b ly ac cessible to the inspec tors of the Autho rity,

the c lients of the sec urity business and the sec urity o fficers tha t

are used by it to render a security service, and at which

rea sona ble o ffice hours are m aintained;

(ii) the app licant s administrative office conta ins a ll the

equipment which is reasonably necessary for the effective

ma nag eme nt a nd ad ministration o f the a ffairs of the sec urity

business, on the basis of the information furnished in terms of

the provisions of sub-regulation (1)(a), in accordance with the

provisions of the Ac t, and , without limiting the generality of

the aforesaid requirement, is serviced by landline telephone

communication which includes a reliable facility to receive

and transmit facsimiles, and the office contains a hard copy

or elec tronic filing system for the o rderly keep ing of a ll rec ords

and documents contemplated in regulation 10 of these

regulations;

(iii) the applica nt s adm inistrative office and interna l system s

mee t any rea sona ble req uireme nt that the Authority

dete rmines in terms of the Ac t;

(iv) the ap p licant has a t its dispo sa l as ma ny adm inistrative office s

satisfying the requirements of this regulation, as well as such

other premises and physical facilities as may be reasonably

necessary, in view of the nature, extent and geographical

loc ation of the ap plicant s ac tivities;

(v) the affairs of the ap plica nt are mana ged and co ntrolled by

app rop riately experienc ed , trained or skilled pe rsons;


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(vi) the applica nt has a t its d isposa l a suffic ient numb er of

registered and appropriately trained and skilled security

officers for the rendering of a security service for which it has

contrac ted or is likely to c ontrac t;

(vii) the sec urity office rs used by the app licant in the rend ering ofa sec urity service a re p rop erly controlled and supervised ;

(viii) the ap plica nt has a t its disposa l a sufficient numb er of

adequately skilled administrative staff members for the

purpose of the administration of the affairs of the applicant in

accordance with the provisions of the Act and any other

ap plica ble law ;

(ix) the ap p licant has at its dispo sa l the financ ial means to ensure

payment of the lawful wages to all the security officers and

adm inistrative sta ff used by it in connec tion with the rend ering

of a security service, as well as to ensure compliance with all

its othe r sta tuto ry financ ial ob liga tions;

(x) the app licant has a ll the nec essary eq uipme nt, including

vehicles and properly trained working animals, if applicable in

the circumstances, as well as the uniforms, clothing and

eq uipme nt tha t must b e issued to its sec urity officers in view of

the nature of their functions, at its disposal to enable it to

rend er a prope r sec urity service for which it has contrac ted or

is likely to contrac t; and

(xi) the app licant is in lawful po ssession of the firea rms and other

weapons that are necessary to render the security service in

respe c t of which it has contrac ted .

(2) If the Autho rity de em s it nec essary to c ond uc t an inspec tion or any further

inspection to establish whether an applicant meets any of the requirements

contemplated in sub-regulation (1), the applicant must pay the amount

determined by the Authority for this purpose before an inspection will be

undertaken.

(3) If a t any time afte r its registration as a sec urity service p rovide r, a sec urity

business fails or refuses at t he written req uest o f the d irec tor to de monstrate to

the sa tisfac tion of the d irec tor

(a) tha t it still has at its d isposal the infrastructure and ca pac ity on the

basis of w hich it wa s so reg istered; or

(b) tha t its c urrent infrastructure and capac ity as measured in terms of the

criteria contemplated in sub-regulation (1)(b), are reasonably

sufficient for the purposes of the current nature and scope of its

activities as a security service provider,

the Authority may withdraw its registration thereof as a security service

provider if the d efec ts are not rec tified within such a rea sona b le p eriod as the


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director may determine for this purpose in a notice served on the security

business.

Register of security service providers and related issues

6. (1) The reg iste r of sec urity service provide rs, which is kep t by the Authority in terms

of sec tion 24 of the Ac t, co nta ins the fo llow ing particulars:

(a) the reg istra tion numb er on the reg istration certific ate issued by the

Authority in terms of section 25 of the Act or the number

contemplated in regulation 14(3)(a)(i) of these regulations;

(b) the da te on the reg istration certificate referred to in pa rag rap h (a);

(c ) the resident ial and business or emp loyment address (street address

and po stal ad dress) and te lep hone c onta c t pa rticulars of the sec urity

service provide r;

(d) the full first name s, surname , ident ity numb er, da te of b irth and

c itizenship o f the sec urity service p rovide r if suc h p rovider is a na tural

person;

(e) pa rticulars of the sec urity service or services rend ered by the sec urity

service provider as well as the category of security service providers

into which the p rovider is c lassified by the Autho rity;

(f) the name of the sec urity business, eve ry name under which the

sec urity b usiness is trad ing, the b ranc hes of the sec urity b usiness, the

name of every person referred to in sec tion 21(1)(a) o f the Ac t, as we ll

as the particulars contemplated in regulation 2(3)(e) of these

regulations;

(g) the name of the em ploye r of a sec urity service provide r who is a

security officer;

(h) pa rticulars of every conviction of improper cond uc t in terms of the

Act and the repealed legislation, every conviction of an offence

specified in the schedule to the Act and in the schedule to the

repealed legislation, every conviction of an offence in terms of

section 38 of the Act and every conviction of an offence in terms of

sec tion 35 of the rep ea led leg isla tion;

(i) pa rticulars of firea rm licences and permits issued to a sec urity service

provider;

(j) the pa rticulars conta ined in the reg ister c onte mp lated in sec tion 13 of

the repealed legislation; and

(k) any other pa rticulars de eme d necessary by the Authority to be inc lude d

in the reg ister.

(2) An address of a sec urity servic e p rovider conta ined in the reg ister

contemplated in sub-regulation (1) may be used by the Authority for the

purposes of serving any d oc ument or notice in terms of the Ac t.


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Chang e of nam e and status of sec urity service p rovider

7. (1) An app lica tion to change the name of a reg istered sec urity business as

contained in the register contemplated in regulation 6 of these regulations,

including the name under which such business is trading, must be submitted

to the director on the form approved for this purpose by the Authority and

must b e a cc omp anied b y the d oc umentation req uired in terms of the form aswe ll as the a mount dete rmined by the Autho rity for this purpose.

(2) Notification of a cha nge in the nam e of a natural pe rson reg istered as a

security service provider must be submitted to the director, within a period of

7 da ys of the c hang e occ urring, on the form a pp roved for this purpose b y the

Authority, accompanied by the documentation as required in terms of the

form as we ll as the a mo unt dete rmined by the Autho rity for this purpose.

(3) A sec urity business which change s its name and trad es under or uses suc h a

changed name or trades under any name not contained in the register

contemplated in regulation 6 of these regulations, without having received

the approval of the Authority as contemplated in sub-regulation (1), or a

security service provider who, without sufficient cause, fails to submit the

notification form as required in terms of sub-regulation (2), is guilty of an

offenc e a nd o n c onviction liab le to a fine or to imprisonme nt for a p eriod not

exceed ing 6 mo nths.

(4) (a) An ap plication to chang e the leg al status or the nature of a sec urity

business registered as a security service provider must be submitted to

the director on the form approved for this purpose by the Authority

and must be accompanied by the documentation required in terms

of the said form, as well as the amount determined by the Authority

for this purpose.

(b) An ap plication contem plated in pa rag rap h (a) is c onsidered in terms

of the policy and procedure approved by the Authority for this

purpose and may be granted on such conditions as determined by

the Authority.

(5) (a) A reg istered sec urity service p rovider who wishes to oc cupy a po sition

contemplated in section 21(1)(a)(ii), (iii), (iv), (v), (vi) or (vii) of the Act

in regard to a particular security business must submit an application

to the direc tor on the form a pp roved for this purpose b y the Authority

and the ap plica tion must be ac co mpa nied b y the doc umentation

req uired in terms of the form, as we ll as the amount de termined b y

the Authority for this purpose.

(b) A reg istered sec urity service provider who assumes a position

contemplated in section 21(1)(a)(ii), (iii), (iv), (v), (vi) or (vii) of the Act

in regard to a particular security business without obtaining theapproval of the Authority as contemplated in paragraph (a), is guilty

of an o ffence and on c onviction liable to a fine or to imp risonme nt for

a p eriod not exce ed ing 12 months.

Chang e with regard to information subm itted to the Authority

8. (1) A sec urity service provide r


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(a ) must inform the Authority within 10 days of any change in regard toany information submitted in writing to the Authority in terms of a

provision of or an application in terms of the Act, or information

previously submitted to t he Boa rd in writing in terms of a provision of o r

an ap plication in terms of the rep ea led leg islation; and

(b )

must, in the case of a security business, annually during Novembersubmit a return to the Authority with the information required on the

form approved by the Authority for this purpose.

(2) The ob liga tions refe rred to in sub-reg ulation (1) must be discharged throug h a

notice from the security service provider which is sent by registered post,

facsimile transmission, electronic mail, or through a notice which is hand-

delivered to an employee of the Authority against a receipt issued by the

Authority, or by using some other method approved by the Authority in writing

for this purpose.

(3) Every person refe rred to in sec tion 21(1)(a )(ii), (iii), (iv), (v), (vi) or (vii) of the Ac t

must take all reasonably practicable steps within his or her powers, capacity

or functions to ensure that the security business in question complies with all

the obligations contained in this regulation.

(4) Any sec urity service p rovide r who co ntravenes or fails to c om ply with sub-

regulation (1), or any person contemplated in sub-regulation (3) who

contravenes or fails to comply with sub-regulation (3), is guilty of an offence

and on conviction liable to a fine or to imprisonment for a period not

exceed ing 6 mo nths.

Certificates of reg istration, identific ation and ap po intment

9. (1) The certificate of reg istration contem plated in sec tion 25 of the Ac t conta ins

the name a nd registration number of the sec urity servic e provide r, suc h

further informa tion a s the Autho rity may d etermine a nd the sea l of the o ffice

of the d irec tor.

(2) The c ertifica te of ident ifica tion c onte mp la ted in sec tion 25 of the Ac t is in the

form o f a c red it c ard, inc lude s a pho tog rap h of the sec urity service p rovider,

contains the name and registration number of the security service provider

and such further information as the Authority may determine.

(3) The c ertificate of ap po intment of an inspe c tor of the Authority contem plated

in section 31(3) of the Act, must comply with every applicable requirement

prescribed in terms of section 334(3)(b) of the Criminal Procedure Act, 1977

(Act No. 51 of 1977), must c onta in the state ment that the inspe c tor is a pe ac e

officer for the national territory of the Republic for the purpose of exercising

the powers contemplated in sections 40, 41, 44, 45, 46, 47,

48, 49 and 56 of the C riminal Proc ed ure Ac t, and must c onta in the nam e a nd

address of the Authority, a photograph of the inspector, the name of the

inspec tor and suc h further pa rticulars as dete rmined by the Autho rity.

(4) The Autho rity ma y, on app lic at ion of a sec urity service provide r and a fter

payment of the amount determined by the Authority for this purpose, issue a

new certificate of registration or a new certificate of identification to the

security service provider if the Authority is satisfied that the original certificate


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has be en m ate rially da ma ge d, has been d estroyed , has be en lost, when the

circumstances contemplated in regulation 7 of these regulations are present,

when registration is renewed as contemplated in section 22 of the Act, or

whe n the re is som e othe r sound reason for issuing a new certifica te.

(5) A sec urity servic e provider must a lways carry his or her c ertifica te of

identification when he or she is rendering a security service or wearing theuniform of a security business in public and must immediately produce the

certificate when reque sted to d o so b y a m em be r of the Service, an inspe c tor

of the Authority, a client to whom the security service provider is rendering a

sec urity service, a person authorized by suc h c lient in writing, or by a ny o ther

person with a legitimate interest to ascertain the registration status and

iden tity of the sec urity service p rovider.

(6) A sec urity service provide r who

(a ) without sufficient cause fails or refuses to comply with a requestcontem plated in sub-reg ulation (5);

(b ) changes, falsifies information on, defaces, destroys or fails to takerea sona b le step s to sa fegua rd his or her certific ate of registration or

certificate o f identification; or

(c ) without a legal ground justifying such conduct, withholds, retains or isin possession of the certificate of registration or certificate of

identifica tion of a nother sec urity service p rovider,

is guilty of an o ffence and on c onviction liable to a fine o r to imp risonme nt for

a p eriod not exceed ing 6 months.

Keep ing of rec ords and d oc uments

10. (1) Every sec urity business must, sub jec t to this regulat ion, keep a ll the rec ords

and documents concerning the management, administration and other

ma tters relating to the rend ering of sec urity service b y it.

(2) Every sec urity business must, sub jec t to this regulat ion, keep the origina ls of a ll

records and documents contemplated in this regulation in a secure and

orde rly ma nner, ava ilable for inspec tion by the Autho rity

(a ) at the administrative office contemplated in regulation 5(1) of theseregulations, or if it has more than one administrative office, at the

relevant office servicing the region or the activities to which the

record or documentation relates, or at the office or place approved

for this purpose b y the d irec tor in writing on a pp lica tion by the sec urity

business concerned; and

(b ) for a period of at least 4 years from the date of their coming intoexistence, unless another legal provision provides for a longer period

or the director in writing directs that they be kept for such longer

pe riod as the d irec tor may determine.

(3) The rec ords and do c uments to which this regulation relates must be update d,

to the extent that their nature requires or permits it, by the security business in

question when any relevant change occurs, as soon as it is reasonably


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practicable to do so, but in any event not later than 7 days after the change

in question.

(4) (a ) Unless otherwise d irec ted in terms of sub -reg ulat ion (5), or unless the

nature of the record or document or some other applicable legal

provision dictates otherwise, all records and documents falling under

this regulation may be kept and maintained in an electronic formatthrough the use of an ap prop riate c omp uter program.

(b) A sec urity business whic h keep s any rec ords or do cume nts in

electronic format must ensure that an accurate and correctly dated

and marked electronic back-up copy of all such records and

documents is separately created and stored at least every day on

which it renders a security service and on which a change to the

information on the record or document has occurred, or a new

rec ord, do c ument or informa tion is ad de d.

(c) The elec tronic ba ck-up co py co ntemplated in pa rag rap h (b) must be

kept safely and ava ilab le fo r inspe c tion b y the A uthority.

(5) The direc tor ma y a t any time issue a direc tive to a sec urity business, or to all or

any c a teg ory or class of sec urity businesses, reg ard ing a ny of t he fo llow ing

(a ) the office or other premises where any or all records or documentscontem plated in this regulation m ust be kep t;

(b ) the period for which any such record or document must be kept,which period may be longer than that provided for in sub-regulation

(2)(b); or

(c ) the keeping of any particular records or documents or any otheraspe c t reg arding the keep ing o f rec ords or doc uments.

(6) Every person refe rred to in sec tion 21(1)(a )(ii), (iii), (iv), (v), (vi) or (vii) of the Ac t

must take all reasonably practicable steps within his or her powers, capacity

or functions to ensure that the security business in question complies with all

the ob liga tions in terms of this reg ulation.

(7) The rec ords and do cuments that must be kep t as contem plated in this

regulation, include -

(a ) a list or register with the full first names and surname, identity number,registration number and residential address of every security officer

and othe r person e mp loyed by the sec urity business, as we ll as a list

with the full first na me s, surname , identity num be r, reg istration numb er

and residential address of every person who is an official of the

sec urity b usiness but w ho is no t in its em p loy;

(b ) a list or register with the full first names and surname, identity number,registration number and residential address of every security officer

ma de availab le o r whose servic es are ma de ava ilab le b y the sec urity

business to another sec urity b usiness or to any p erson;

(c ) a register conta ining full informa tion on the w ag es and remune rationpaid to all security officers and other employees of the security


17/29

business, as well as all deductions from such wages, materially in the

form co nta ined in BCEA 2 of the Basic Cond itions of Emp loyment Ac t,

1997 (Ac t No . 75 of 1997);

(d ) true copies of all payslips in respect of security officers and otherem ployees of the sec urity business, ma teria lly in the form c onta ined in

BCEA 4 of the Basic Conditions of Employment Act, 1997 (Act No. 75of 1997);

(e ) an attendance register in respect of all security officers and otherem ployees of the sec urity business, ma teria lly in the form c onta ined in

BCEA 3 of the Basic Conditions of Employment Act, 1997 (Act No. 75

of 1997);

(f) a p osting shee t conta ining the follow ing pa rticulars in respec t of eve ryday or part of a day during which the security business renders a

sec urity service :

(i) the full first names and surname , and the level of acc red ited

sec urity training of e very sec urity o ffic er utilised in co nnec tion

with the rendering of a security service in respect of that day

or pa rt thereof;

(ii) the reg istra tion numb er of eve ry suc h sec urity office r;

(iii) the name of eve ry c lient to who m a sec urity service wa s

rendered and the address and place or places where such

service was rend ered ;

(iv) the na ture of the sec urity service rend ered ;

(v) the duration of the sec urity service in hours;

(vi) whe ther a sec urity office r wa s provided with a firea rm or other

weapon, and if so, the type of firearm or weapon, its proper

ident ifica tion numb er if any, as we ll as informa tion on the lega l

authority in terms of which the firearm was provided and

possessed; and

(vii) particulars of am munition provide d to a sec urity office r;

(g ) personnel files on each security officer, employee or officialcontem plated in pa rag rap hs (a) and (b), conta ining at lea st

(i) every written contrac t conc lude d with such pe rson, as we ll as

a d esc rip tion of the d uties or functions of suc h person;

(ii) written pa rticulars of emp loyme nt as c ontem p late d in sec tion

13 of Sec to ral Dete rminat ion 6: Priva te Sec urity Sec to r, South

Africa, as published in Government Notice No. R 1250,

Government GazetteNo. 22873 da ted 30 Nove mb er 2001;

(iii) a record of a ll d isc iplinary steps, inc luding suspension from

duty, taken a ga inst suc h p erson by the sec urity business;


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(iv) a true cop y of offic ial do cumenta tion indica ting the level of

accredited security training and other relevant training of

such person; and

(v) a rec ord with informa tion on the transfer from one branc h or

division to another, the promotion and termination of service

of suc h p erson;

(h) written contracts entered into with clients of the security business forthe purposes of rendering a security service, as well as a list with the

names, contact addresses and telephone numbers of all the clients

with whom the security business has concluded contracts, whether

orally o r in w riting , for the rend ering of a sec urity service, a desc ription

of the nature of the service contracted for, the contractual tariff in

respe c t of the rende ring o f the service, as we ll as the p lac e o r plac es

whe re the service is to b e rendered ;

(i) a reg ister concerning sec urity officers contem plated in parag rap h (b),indicating the name and street address of every security business or

other person to whom such security officers or their services have

been made available, the dates on which this occurred, the financial

consideration payable in this regard and the persons responsible to

pay any remuneration, reward or fee to the security officers in this

regard;

(j) legal authorisation in the form prescribed by law in respect of thepossession and use of firearms and other weapons by the security

business and its security officers;

(k) documentation indicating full particulars of all deductions andpa yments which are mad e to the Autho rity in terms of the p rovisions

conte mp lated in sec tion 44(7) of the Act, or in terms of the Levies

Ac t, as the ca se may be ; and

(l) all other rec ords or doc uments whic h the sec urity business must keepin terms of the Ac t or any o ther law a pp licab le to a sec urity business.

(8) Any sec urity business which c ontravenes or fails to com ply with sub-reg ulation

(2)(b), (3), (4)(b) or (4)(c) or fails or refuses to comply with a directive

contemplated in sub-regulation (5), or any person contemplated in sub-

regulation (6) who contravenes or fails to comply with sub-regulation (6), is

guilty of an o ffence and on c onviction liab le to a fine or to imprisonme nt for a

pe riod not e xceeding 24 months.

Application for suspension o r withdrawal of registration

11. (1) Any sec urity service p rovide r ma y, by submission of the du ly com pleted andsigned form a pp roved for this purpose b y the Autho rity and ag ainst paym ent

of such a n amount as has be en d etermined by the Authority for this purpose,

app ly to the Autho rity for suspe nsion o r withdrawa l of his or her registration a s

a sec urity service provide r.

(2) If the Authority is sa tisfied tha t there is a sound reason for suc h a step a nd tha t

there would not be unreasona ble prejudice to any pe rson which c an b e

avoided by the refusal of the application for suspension or withdrawal of


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registration, the Authority may direct that the registration of the security

service provider in question be suspended or withdrawn from any date and

on such c ond itions as the Autho rity ma y de termine, inc luding the pa yment o f

any outstanding amounts owed to the Authority, or the conclusion of any

enq uiry or othe r leg a l process.

(3) In the ca se of the suspe nsion of the reg istration of a sec urity service provider interms of this regulation, no annual amounts in terms of the provisions

contemplated in section 44(7) of the Act, or in terms of the Levies Act, are

payable to the Authority by the security service provider in respect of the

period of suspension.

(4) A sec urity service provide r who se reg istration has been suspend ed as

contemplated in terms of this regulation may, by submission of the duly

completed and signed form approved for this purpose by the Authority and

ag ainst pa yment of such an a mount as has be en d etermined by the Authority

for this purpose, apply to the Authority to uplift the suspension, and the

Authority ma y grant the ap plication on such c ond itions as the Autho rity ma y

determine.

Spec ifying o f reg istration numb ers and other information on doc uments

12. (1) No sec urity business registered as a sec urity service p rovide r ma y, a fter the

expiration of a period of 60 days after the promulgation of these regulations,

send, deliver, issue, publish or cause to be sent, delivered, issued or published,

any document or advertisement, including a document in electronic format,

relating to or connected with its position or activities as a security service

provider, unless the following has been effected in a clearly legible manner

on the front o r the first pag e thereof, as the c ase m ay b e

(a ) the name under which the security business is registered as a securityservice provider by the Authority, as well as the name under which it

trades, as reflected in the register contemplated in regulation 6 of

these regulations;

(b ) the expression Registered as a security service provider by the PrivateSec urity Industry Reg ulatory Authority, reg istrat ion num ber, where

the reg istration number is the numb er contem plated in regulation

6(1)(a) of these reg ulations; and

(c ) the street address and postal address of an administrative office ofthe security business, a telephone contact and facsimile number of

the sec urity business a t tha t office , as we ll as the na me a nd telep hone

contact number of an official of the security business performing

executive or management functions in respect of the security

business.

(2) Every person refe rred to in sec tion 21(1)(a)(ii), (iii), (iv), (v), (vi) or (vii) of the

Act must take all reasonably practicable steps within his or her powers,

c ap ac ity or functions to ensure tha t the sec urity business c om plies with a ll the

obligations in terms of sub-regulation (1).

(3) Any sec urity business which c ontravenes or fails to com ply with sub-reg ulation

(1), or any person contemplated in sub-regulation (2) who contravenes or fails


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to comply with sub-regulation (2), is guilty of an offence and on conviction

liable to a fine o r to imp risonme nt for a p eriod not e xceed ing 6 mo nths.

Uniforms, insignia, ba dg es and firearms

13. (1) Every sec urity business must, sub jec t to this regulat ion, provide every sec urity

office r in its em p loy with suffic ient, distinctive a rticles of c lothing c onstituting astandard uniform of that security business if the security officer is required to

render a sec urity service a s contem p late d in parag rap hs (a), (c) or (d) of the

definition of security service contained in section 1(1) of the Act, unless the

security officer only renders a service consisting of the protection or

safegua rding of a spe c ific natural pe rson.

(2) Every sec urity office r conte mp lated in sub-reg ulation (1) must we ar the

uniform p rovided to him o r her when rend ering suc h a sec urity service.

(3) The uniform c onte mp lated in sub-reg ulation (1)

(a ) must be suitable for use by the security officer in view of the nature ofthe security service rendered, the circumstances under which the

sec urity servic e is rende red and a ny othe r releva nt c ircumstanc e; and

(b ) must have at least 2 badges, prominently attached to the uniform,with the name of the security business employing the security officer

c lea rly leg ible on them, as we ll as a b ad ge , atta ched to the front top

part of the uniform, with the name and registration number of the

sec urity office r clea rly leg ible on it.

(4) The direc tor ma y, if there is a sound rea son for suc h a step , direc t a sec urity

business in writing to change any aspect regarding the uniform issued to its

security officers to the extent and within such a reasonable time as may be

indicated by the direc tor.

(5) A sec urity business which renders a sec urity service requiring the possession or

use of a firearm, must lawfully provide a suitable firearm for that purpose and

may not require or permit a security officer employed by the security business

to o bta in or provide a firea rm for that p urpo se.

(6) A sec urity office r ma y, for the purpose of rend ering a sec urity service in the

c ourse o f his or her emp loym ent, only posses a firea rm law fully provided by his

or her employer.

(7) Any sec urity service provide r who

(a ) contravene s or fails to com ply w ith sub -reg ulation (1), (2) or (3), or failsor refuses to com ply with a direc tive contem p late d in sub-regulation

(4);

(b ) without legal justification wears a uniform, badge or insignia identicalto, or so c losely resem b ling a un iform, ba dge or insignia of the South

Africa n Police Service, the South African Nat iona l Defence Force , the

Depa rtment of Co rrec tiona l Services or of any other law e nforceme nt

ag enc y or servic e e stab lished in terms of law, a s to b e c alculated to

deceive;


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(c ) without legal justification provides another person with a uniform,ba dg e o r insignia c ontemp lated in pa rag rap h (b);

(d ) requires or permits a security officer employed or made available tothat security service provider, to obtain or provide a firearm for the

purpose of rendering a security service in the course of his or her

employment;

(e ) requires a security officer employed or made available by thatsecurity service provider, or an applicant for a post as a security

officer, to ha ve a firea rm lic enc e; or

(f) is a security officer and who, for the purpose of rendering a securityservice in the course of his or her employment, is in possession of a

firea rm no t law fully provide d by his or her emp loyer,

is guilty of a n offenc e a nd on c onviction liable to a fine o r to imp risonme nt for

a p eriod not exce ed ing 24 months.

(8) This reg ulation com es into op eration 120 days a fter p rom ulga tion of these

regulations.

Transitiona l a nd general provisions

14. (1) In this regulat ion, unless the context indic a tes otherwise

existing sec urity officer m ea ns a p erson law fully reg istered by the Boa rd a s

a security officer in terms of the repealed legislation and the registration of

whom or which was valid on the day immed iately preced ing the da y when

the Act c am e into operation.

(2) Every existing sec urity offic er is, sub jec t to this regulat ion and the p rovisions of

any other applicable law, deemed to have been registered as a security

service provider in terms of section 21 of the Act and is subject to all the

provisions of t he Ac t.

(3) (a) An existing sec urity office r who is deemed to have been reg istered as

a sec urity service p rovider-

(i) must, for the purpo ses of the Ac t, use the reg istration numb er a llotte d

to it b y the Board unt il suc h time a s the A uthority cha nges this numb er;

(ii) must, in the ca se of a sec urity business, sub jec t to the p rovisions of any

other law, keep all records and documentation of whatever nature

relating to the rendering of a security service by such security business,

which are not older than 4 years, securely and orderly as

contemplated in regulation 10(1) and (2) of these regulations;

(iii) ma y, in the ca se of a sec urity business, until exp ira tion of the pe riod

before the requirements regarding infrastructure and capacity to

rend er a sec urity service c om e into o peration in respec t of the existing

security officer as contemplated in sub-regulation (5), keep all records

and d oc uments as c ontem plated in regulation 10 of these

regulations at any o ffic e o r offices where they m ight have be en kep t if

reg ulation 10(2)(a) of these regulations had not b een ma de ; and


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(iv) must, in the ca se of a sec urity business which is a co mp any, furnish the

Authority within the period determined by the director for this purpose

with a list conte mp lated in reg ulation 2(3)(e) of these regulations.

(b ) Any sec urity business, or offic ial or em p loyee of the sec urity business,

who contravenes or fails to comply with paragraph (a)(ii) or (iv) isguilty of an offence and on conviction liable to a fine or to

imp risonme nt for a pe riod not e xc eed ing 12 months.

(4) An existing sec urity office r who is a person conte mp lated in sec tion 23(5) of

the Act will not be deemed to have been registered as a security service

provider in terms of the A c t.

(5) Every existing sec urity office r deemed to have be en reg istered as a sec urity

service p rovide r and falling w ithin the definition o f a sec urity b usiness in terms

of the A c t, must, within a pe riod o f 120 da ys from the d ate of p romulga tion of

these regulations, or within such longer period as the director may allow on

the basis of a substantiated written application by such security business

within a pe riod of 60 da ys from the d ate of p romulga tion of these regulations,

comply with the requirements regarding infrastructure and capacity

necessary to render a security service as contemplated in regulation 5 of

these reg ulations.

(6) (a) Every existing sec urity office r who oc cup ies a position refe rred to in

sec tion 21(1)(a) (ii), (iii), (iv), (v), (vi) or (vii) of the Ac t must, sub jec t to

regulation 3 of these regulations, within a period of 120 days from the

da te o f promulgat ion of these regula tions, or within suc h long er period

as the director may allow on the basis of a substantiated written

application by an existing security officer within a period of 60 days

from the date of promulgation of these regulations, comply with the

training requirement contemplated in regulation 3(3) of these

reg ulations, or vac ate the a foresaid p osition.

(b) A person who c ontravene s or fails to com p ly with the p rovisions of

paragraph (a), is guilty of an offence and on conviction liable to a

fine o r to imprisonme nt for a p eriod not e xceed ing 6 months.

(7) (a) Every applica nt for reg istration as a sec urity office r in terms of the

repealed legislation whose application is lodged, or is pending, on the

da y immed iately before the d ay w hen the Ac t c omes into op eration,

must, subject to this sub-regulation, submit a duly completed and

applicable application form as contemplated in regulation 2 of these

regulations to the Authority to enable the Authority to consider the

ap plication in terms of the Ac t.

(b) An ap plicant contem plated in pa rag rap h (a) must subm it the dulycompleted application form to the Authority within 60 days after the

da te o f promu lgat ion of these regula tions, or within suc h long er period

as the Authority may a llow for a sound rea son.

(c) The ap plication for reg istration by an ap plicant who does not subm it

the application form as provided for in this sub-regulation within the

period allowed for this or who withdraws the application, lapses, and

the Authority will not have to refund any amount paid by the


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applicant in respect of the application or to take such amount into

ac co unt when the app lica nt lod ges a new a pp lica tion.

(8) An applica nt for reg istration pursuant to a notice issued in terms of sec tion

44(6) of the Ac t who w ishes to rend er a relevant sec urity service from the date

de termined in the notice, must subm it the ap plication to the Autho rity at least

2 months be fore the releva nt da te determined in the notice .

(9) (a) A person using his or her ow n em ployees to protec t or safe guard

merely his or her own property or interests, or persons or property on

his or her prem ises or under his or her co ntrol, must, a fter suc h

emp loyees have be com e subjec t to the provisions of the Ac t in terms

of a no tice c ontem plated in sec tion 44(6)(a) of the Ac t -

(i) on ly use em ployee s reg iste red as sec urity service provide rs in

terms of sec tion 21 of the Ac t to p erform these func tions;

(ii) befo re implementa tion of the Levies Ac t, c om ply, with the

necessary changes, with the provisions regarding the

deduction and paying over of the prescribed amounts in

respec t o f reg istered sec urity service provide rs in its em p loy a s

provided for in regulation 9(4), published in Government

Gazette No. 22770 dated 1 November 2001, prescribed in

terms of section 18 of the repealed legislation, and, after

implementation of the Levies Act, comply, with the necessary

changes, with the provisions regarding the deduction and

paying over of levies in respect of registered security service

providers in its employ, as determined in terms of the Levies

Act;

(iii) com ply, with the nec essary c hanges, with the p rovisions

contained in regulation 10(2), (3), (4), (5), (7)(a), (7)(b), (7)(c),

(7)(d), (7)(e), (7)(g), (7)(i), (7)(j) and (7)(k) of these regulations;

and

(iv) com ply, with the nec essary changes, with the provisions

contained in regulation 8 and regulation 13 of these

regulations.

(b) A pe rson contem plated in pa rag rap h (a) who c ontravenes or fails to

comply with a provision applicable to him or her as contemplated in

paragraph (a), is guilty of an offence and on conviction liable to the

penalty which may be imposed on a security service provider

convicted of such an offence in terms of the applicable regulations

co ntemplated in pa rag rap h (a).

Authoritative text

15. The prov isions of the Eng lish text of these reg ulat ions will p reva il in the case of a

differenc e b etwe en the English text and the text in any other offic ial langua ge .

Repea l of regulations

16. The follow ing reg ulations are hereby rep ea led as spec ified be low:


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Reg ulations Extent of repe al

The regula tions conta ined in Gove rnment Notice No. R

797 pub lished in Government GazetteNo. 12413 dated 2

Ap ril 1990, as amended .

The who le with the

excep tion of

regulations 1, 7, 9(1),

9(3) and 9(4).

The regulations conta ined in Boa rd Notice 46 of 1993pub lished in Government GazetteNo 14767 da ted 7 May

1993.

The whole.

The reg ulations contained in Boa rd Notice 87 of 1994,

published in Government Gazette No. 15951 dated 9

Sep temb er 1994.

The whole.

Short title a nd c omm enc ement

17. These regu lations a re ca lled the Priva te Sec urity Ind ustry Reg ulat ions, 2002, and co me

into op eration on the d ate when the Ac t c omes into op eration.


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SCHEDULE

CLEARANCE CERTIFICATE IN TERMS OF SECTION 23(1)(f) OF THE PRIVATE SECURITY INDUSTRY

REGULATION ACT, 2001

1. Particulars of ap plicants former em ployer

Name of force or service

Street a dd ress of head office (including c ity, province and country)

Telep hone numb er Fac simile numb er

E-mail a dd ress

Postal ad dress

Name, ad dress and telephone number of contac t person

2. Particulars of forme r employ ee

Full first nam es and surname of em ploy ee


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Identity numbe r

Passport number

Last known ad dress

Former emp loyees force, service o r pe rsonnel numbe r

Date of commenc ement of

employment

Date o f termination of emp loyment

Rank at te rmination of service

Capa cities in which emp loyed

Reason for termina tion of emp loym ent

Reasonable pa rticulars of any misconduc t by former em ployee (findings of guilty o n c harges

of misconduct, penalties imposed, dates and other relevant particulars)


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If there were disciplinary proc eed ings pend ing against the former emp loyee a t the da te of

termination of service, factual information on the merits of the charges and whether any

termination of service occurred in order to avoid d isc iplinary proce ed ings, is required

3. Declaration

I, the undersigned, declare that the information provided on this form is true and correct and

that I have the nec essary authority to provide the information.

Signature Date

Name

Position in force or service

Telephone numbe r

4. Consent by forme r em ployee to former employ er to furnish pe rsona l informa tion

relating to em ploym ent record a nd m atters related thereto.

I, the undersigned, hereby give consent to my former employer contemplated in this form to

provide the information relating to m y e mp loyment record a nd related issues provided for in

this form, to the Private Sec urity Industry Reg ulato ry Autho rity.

Signa ture o f former employ ee

Name

Date


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private security industry regulations

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