Private Investigators and Security Guards General Regulations 2007(Statutory Instrument 156 of 2007)

Statutory Instrument 156 of 2007.

Private Investigators and Security Guards General Regulations 2007

ARRANGEMENT OF SECTIONS

Section

3. Application for private investigator’s licence.
4. Application for security guard’s licence.
5. Application for certificate of approval.
6. Private Investigator’s licence.
7. Security guard’s licence.
8. Certificate of approval.
9. Period of validity.
10. Conditions of security guard’s licence.
11. Private investigator’s identity card.
12. Private investigator’s employee’s identity card.
13. Security guard’s identity card.
14. Security guard’s employee’s identity card.
15. Alteration of identity cards.
16. Appeals against decision of Controller.
17. Prescribed fees.
18. Tariff of charges.

First Schedule: forms.

Second Schedule: fees.

Third Schedule: tariff of minimum charges in respect of services rendered by licensed security guards. Fourth Schedule: repeals.

IT is hereby notified that the Minister of Home Affairs has, in terms of section 26 of the Private

Investigators and Security Guards (Control) Act [Chapter 27:10], made the following regulations:—

1. Title

These regulations may be cited as the Private Investigators and Security Guards (General) Regulations, 2007.

                                                                                                2.   Interpretation

In these regulations—

“form” means the appropriate form specified in the First Schedule.

                                                                           3.   Application for private investigator’s licence

• An application for the issue of a private investigator’s licence, in terms of subsection (1) of section 7 of the Act shall be made in form 1 and shall be accompanied by the photographs, certificates and documents specified therein.
• An application for the renewal of a private investigator’s licence, in terms of subsection (1) of section 7 of the Act shall be made in form 2.

                                                                              4.   Application for security guard’s licence

• An application for the issue of a security guard’s licence by an individual, in terms of subsection (1) of section 13 of the Act, shall be made in form 3 and shall be accompanied by photographs, certificates and documents specified therein.
• An application for the issue of a security guard’s licence by a company or partnership, in terms of subsection (1) of section 13 of the Act, shall be made in form 4 and shall be accompanied by the photographs, certificates and documents specified therein.
• An application for the renewal of a security guard’s licence, in terms of subsection (1) of section 13 of the Act, by an individual, shall be made in form 5.
• An application for the renewal of a security guard’s licence, in terms of subsection (1) of section 13 of the Act, by a company or partnership, shall be made in form 6.

                                                                               5.   Application for certificate of approval

• An application for the issue of a certificate of approval, in terms of subsection (1) of section 17 of the Act, shall be made in form 7.
• An application for the renewal of a certificate of approval, in terms of subsection (1) of Section 17 of the Act, shall be in form 8.

6. Private investigator’s licence

A licence issued or renewed in respect of private investigator’s licence shall be in form 9.

7. Security guard’s licence

A licence issued or renewed in respect of a security guard licence shall be in form 10.

8. Certificate of approval

A certificate of approval issued or renewed in respect of a responsible employee shall be in form 11.

                                                                                              9.   Period of validity

Subject to the provisions of the Act, the period of validity of a private investigator’s licence, security guard’s licence and a certificate of approval, shall be one year from the date of issue or renewal thereof.

10. Conditions of security guard’s licence

A security guard’s licence shall be subject to the condition that the holder shall not permit any of his employees to perform the work of a guard unless the holder has taken reasonable steps to satisfy himself that the employee concerned—

• has undergone a course of training of a maximum of five days which qualifies him or her to perform the work of a guard;
• has not been dismissed by any other licensed security guard for misconduct, incompetence or dishonesty;
• has not, within the period of ten years immediately preceding the date of his employment as a guard, been convicted of an offence referred to in paragraph (c) of subsection (3) of section 13 of the Act by means of the submission of finger-prints to the Commissioner of Police; (d) is of good character and reputation.

11. Private investigator identity card

The Controller shall issue to a licensed private investigator an identity card in form 12.

12. Private investigator’s employee identity card The Controller shall issue to a holder of a certificate approval an identity card in form 13.

13. Security guard’s identity card

The Controller shall issue an identity card in form 14 to— (a) a licensed security guard who is a natural person; and

(b) each director or partner of a licensed security guard which is a company or partnership.

14. Security guard’s employee’s identity card

• A licensed security guard shall issue to each of his employees who are engaged in the business to which the licence relates an identity card in form 15.
• No identity card referred to in subsection (1) shall be issued unless it conforms to such specifications relating to the manufacture and processing thereof as maybe approved by the Controller.
• Any person who contravenes the provisions of section (1) or (2) shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment.

15. Alteration of identity cards

Any person, who, without lawful excuse, destroys, alters, imitates, mutilates, or in any way tampers with an identity card issued by the Controller, shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment.

16. Appeals against decision of Controller

• Any person who, in terms of subsection (1) of section 22 of the Act, wishes to appeal against a decision of the Controller shall, within twenty-eight days of receiving notification of such decision, submit to the Secretary for Home Affairs two copies of a statement setting out the decision appealed against and the grounds of the appeal.
• The Secretary for Home Affairs shall, on receipt of the statement referred to in subsection (1), submit a copy thereof to the Controller.
• The Controller shall, within seven days of the receipt of a copy of a statement in terms of subsection (2), submit to the Secretary for Home Affairs a statement in writing setting out the reasons for his decision in respect of the matter which is the subject of the appeal concerned.
• The Secretary for Home Affairs shall, on receipt of a statement from the Controller, in terms of subsection

(3), submit such statement and the appellant’s statement referred to in subsection (1) to the Minister.

• The decision of the Minister in respect of an appeal referred to in subsection (1) shall be notified by the Secretary for Home Affairs to the appellant and the Controller.

17. Prescribed fees

• Subject to the provisions of subsection (3), the fees set out in the Second Schedule shall be payable in respect of the several matters specified in that Schedule.
• The prescribed fees shall be payable—
• in respect of the inspection of any register, before the register is inspected;
• in respect of the issue, or renewal of any licence or certificate of approval on receipt of advice from the Registrar that he has granted the application;
• in cash at the Ministry of Home Affairs Head Office under receipts.

(3) No fee shall be payable in respect of the inspection of any register by any member of the Police, or by an auditor, or by any person assisting the Controller in any inquiry.

18. Tariff of charges

The tariff of minimum charges in respect of services rendered by licensed security guards which is set out in the Third Schedule is prescribed for the purposes of section 23 and 34 of the Act:

Provided that the said charges may be reduced by not more than fifty per centum in respect of services rendered to a welfare organisation which is registered in terms of the Private Voluntary Organisations Act [Chapter 17:05].

19. Repeals The regulations specified in the Fourth Schedule are repealed.