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 Minister for Safety and Security has, acting under section 35 of the Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001), made the Regulations in the Schedule 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, 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.

 

 

INDEX

 

                        Regulation

 

Definitions                                                                                            1

Application for registration as security service provider                          2

Training requirements for registration as security service provider           3

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

police or intelligence force or service                                         4

Infrastructure and capacity necessary to render a security service           5

Register of security service providers and related issues                         6

Change of name and status of security service provider                          7

Change with regard to information provided to the Authority                  8

Certificates of registration, identification and appointment                       9

Keeping of records and documents                                                       10

Application for suspension and withdrawal of registration                       11

Specification of registration number and other information on

            documents                                                                                12

Uniforms, insignia, badges and firearms                                                 13

Transitional and general provisions                                                        14

Authoritative text                                                                                  15

Repeal of regulations                                                                             16 

Short title and commencement                                                               17

 

SCHEDULE:  Clearance certificate in terms of section 23(1)(f) of the

                        Private Security Industry Regulation Act

 

 

Definitions

 

1. In these regulations any word or expression to which a meaning has been assigned in the Act will bear the meaning so assigned and, unless the context indicates otherwise -

 

“Board” means the Security Officers’ Interim Board established by section 2 of the repealed legislation;

 

“day” includes Saturdays, Sundays and  public holidays;

 

“director” includes any person appointed as an acting director by the Council;

 

“registration number” means the registration number contemplated in regulation 6(1)(a) of these regulations;

 

“repealed legislation” means the Security Officers Act, 1987 (Act No. 92 of 1987);

 

“the Act” means the Private Security Industry Regulation Act, 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 Security Industry Levies Act;

 

“these regulations” means the regulations contained in this Schedule.

 

Application for registration as a security service provider

 

2.(1) An application for registration as a security service provider in terms of

section 21 of the Act must  be submitted to the director  on the applicable form

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

from the Authority. 

 

(2) The duly completed and signed application form submitted to the director

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

for registration as a security business, must be accompanied by the following –

 

(a)    payment of the following amounts:

 

(i)                  the relevant application fee;

(ii)                the amount payable to the Service in respect of the  preliminary screening of the applicant 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, the prescribed 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 section 18 of the repealed legislation; or 

(bb) after the implementation of the Levies Act, the applicable levies for a period of at least 1 month as imposed in terms of the Levies Act; 

 

(b)   an authenticated copy of the first page of the official identity document of the applicant or an authenticated copy of any other official document demonstrating the applicant’s identity and South African citizenship;

 

(c)    proof to the satisfaction of the Authority that an applicant who is not a South African citizen has permanent resident status in South Africa; 

 

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

 

(e)    a clear and complete set of fingerprints of the applicant, taken on the form used by the Service for this purpose, by or in the presence of a member of the Service or by or in the presence of an employee of the Authority designated in writing by the director to perform this function;   

 

(f)     a properly completed request for preliminary screening by the Service on the basis of the applicant’s 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 criminal record status of the applicant, where applicable, as contemplated in sub-regulation (6);

 

(h)    an original clearance certificate materially satisfying the requirements in regulation 4 of these regulations if the applicant is a person contemplated in section 23(1)(f) of the Act;  

 

(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 valid undertaking regarding suretyship or guarantee contemplated in sub-regulation (4)(c) if the applicant is a person contemplated in section 21(1)(a)(iii), (iv), (v), (vi) or (vii) of the Act.      

 

(3) The duly completed and signed application form submitted to the director in the case of an application for registration by a security business, must be accompanied by the following -

 

(a)     payment of the following amounts:

 

(i) the relevant application fee; and

(ii) (aa) before the implementation of the Levies Act,  the prescribed   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 repealed legislation; or 

(bb) after 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 security service providers;

 

(c)     an authenticated copy of the CK1 and CK2 documentation if the applicant is a close corporation;

 

(d)    an authenticated copy of the CM1, CM2, CM27 and CM29 documentation if the applicant is a company;

 

(e)     a list,  certified as correct by the duly appointed auditor of the applicant, if the applicant is a company which is not listed publicly, with the names, identity numbers and street addresses of all shareholders of the applicant as at the date when the application for registration is made, or such certified particulars of all shareholders of the applicant who own or control 5% or more of the total shareholding of the applicant if the applicant is a publicly listed company; 

 

(f)      an authenticated copy of the partnership agreement if the applicant is a partnership;

 

(g)     an authenticated copy of the trust deed and the letter of authorisation to the trustees from the Master of the High Court if the applicant is a business trust;

 

(h)     an authenticated copy of the documentation establishing the foundation if the applicant is a foundation;

 

(i)       an authenticated copy of the documentation or authority in terms of which the applicant is established or functions if it is a body of persons  other than that referred to in paragraphs (c), (d), (f), (g)  or (h);

 

(j)      a tax clearance certificate from the South African Revenue Service, unless the director dispenses with this requirement for a sound reason  after obtaining approval from the Council; 

 

(k)    sufficient information in writing to enable the Authority to ascertain whether the applicant meets the requirements in regard to infrastructure and  capacity necessary to render a security service as contemplated in section 23(2)(b) of the Act and regulation 5 of these regulations; and

 

(l)       a resolution by the applicant security business,  in the form approved by the Authority, to apply for registration as a security service provider.  

 

(4) The Authority may register an applicant security business as a security service provider if  -  

 

(a)       the applicant meets the requirements in respect of infrastructure and capacity 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 commence with its business activities in rendering a security service within a period of 3 months after such registration; and

 

(c)       the persons referred to in section 21(1)(a)(iii),(iv), (v), (vi) and (vii) of the Act provide the suretyship or guarantee that the director may deem necessary to ensure compliance with the financial obligations of the applicant towards the Authority.  

 

(5) The Authority may consider the application for registration as a security service provider by a natural person whose criminal record status has not yet been confirmed through the classification of his or her fingerprints if 

 

(a)        the applicant’s fingerprints have been taken in the manner described in regulation 2(2)(e) of these regulations and have been provided to the Authority; and

 

(b)         the Service has performed a preliminary screening on the basis of the applicant’s name and identity number and has confirmed the applicant’s criminal record status in writing as a result of such screening.

 

(6) A person who has immigrated to South Africa during the 10 year period immediately preceding his or her application for registration as a security service provider or who has been resident outside South Africa for an uninterrupted period of at least 1 year during the 10 year period immediately preceding his or her application for registration, must submit an original police or other official clearance certificate on his or her criminal record status from every country outside South Africa where he or she has been resident within the relevant period. 

 

(7)(a) No amount paid to the Authority by an applicant in terms of sub-regulation (2)(a)(i), (2)(a)(ii), (3)(a)(i) or regulation 5(2) of these regulations, is refundable if the application for registration is withdrawn by the applicant or if the application is not approved by the Authority.

 

(b) An amount paid to the Authority as contemplated in sub-regulation (3)(a)(ii) does not affect the liability of the security business in question in respect of payment of the balance of the full applicable amount 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 applicable levies due in terms of the Levies Act, as the case may be.

 

(8) A decision of the Authority contemplated in section 23(6) of the Act to register 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 Council and must be contained in a document signed by the director and in which the decision to register the applicant must be recorded as well as the full reasons on which the decision is based.

 

Training requirements for registration as a security service provider

 

3.(1) The requirements regarding training, instruction and qualification 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 service provider is allowed to render a particular security service.

 

(2) Subject to this regulation, every natural person applying 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 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 subsequent policy applied by the Authority, as the case may be.

 

(3) Subject to this regulation, every person contemplated in section 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 recognized as “Grade B” 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 subsequent policy applied by the Authority, as the case may be. 

 

(4) Where an applicant for registration as a security service provider indicates on the application form contemplated in regulation 2(2) of these regulations that after registration the applicant intends to render a security service -  

 

(a)                             in respect of which there is at the date of application a specific requirement 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 thereof, or in terms of a prevailing subsequent policy applied by the Authority, as the case may be, the applicant must submit an original certificate or other proof, acceptable to the Authority, indicating that the applicant meets such requirement;  or

 

(b)                             in respect of which there is not at the date of application a specific requirement 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 Authority,  not be appropriate or necessary for registration, the applicant 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 relevant training, instruction, qualification or experience.

 

(5) The Authority may, for the purposes of section 23(1)(c) of the Act, upon good 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 purpose, recognize any relevant and adequate training, instruction, qualification or experience of an applicant as equal to or higher than that contemplated in this regulation and issue a document to the applicant to this effect for the purposes of these regulations. 

 

(6) The Authority performs its functions in terms of this regulation after such consultation with the South African Qualifications Authority, the Policing, Security, Legal and Correctional Services Sector Education and Training Authority, or with any other statutory body, as the Authority may deem necessary.

 

 

Clearance certificate: ex-member of any official military, security, police or intelligence force or service

 

4. (1) In this regulation, unless the context indicates otherwise  -

 

“former employer” means any official military, security, police or intelligence force or service, whether in South Africa or elsewhere, or its successor in law,  of which an applicant contemplated in section 23(1)(f) of the Act is a former member.  

 

(2) The clearance certificate contemplated in section 23(1)(f) of the Act must be completed in the form contained in the Schedule to these regulations.

 

(3) An applicant contemplated in section 23(1)(f) of the Act must, subject to this regulation, submit such clearance certificate from all his or her former employers.

 

(4) Where an applicant submits a certificate which does not in the opinion of the director materially satisfy the requirements of sub-regulation (2), or if the director is of the opinion that further enquiry or investigation is necessary, the director may postpone consideration of the application for registration pending rectification of the certificate to the satisfaction of the director, or finalisation of such enquiry or investigation as may be necessary. 

 

(5) Where an applicant’s former employer no longer exists or where it is demonstrated by the applicant to the satisfaction of the Authority that it is not possible or reasonably practical to submit a clearance certificate containing all the required particulars,  the Authority may –

 

(a)    hold over the application for registration pending further investigation and consideration of the background of the applicant;  or

 

(b)   if it is reasonable to do so in the circumstances, and after complying with 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 proper person to render a security service.

 

(6) The particulars in a clearance certificate must be taken into account to determine whether the applicant is a fit and proper person as contemplated in section 23(1) of the Act.

 

(7) A former employer must, at the request of an applicant contemplated in section 23(1)(f) of the Act, furnish the applicant with a properly completed clearance certificate within a period of 30 days after receipt of the request or within such other period as may be reasonable in the circumstances. 

 

 

Infrastructure and capacity necessary to render a security service

 

5. (1) Every security business applying for registration as a security service provider must, for the purposes of compliance with the provisions of section 23(2)(b) of the Act –

 

(a)     furnish factually substantiated information in writing to the Authority on the nature and scope, including the geographical area, of the applicant’s intended and likely activities in rendering a security service for at least a period of 1 year after commencing with its business activities;   and

 

(b)    demonstrate, through a declaration with such substantiation as may be necessary, to the satisfaction of the Authority that the applicant will meet the following minimum requirements at the commencement 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 commencement -

 

(i) the applicant has at its disposal an administrative office, consisting of at least one room dedicated for this purpose, which must be an immovable structure, situated at a place that is reasonably accessible to the inspectors of the Authority, the clients of the security business and the security officers that are used by it to render a security service, and at which reasonable office hours are maintained;

 

(ii) the applicant’s administrative office contains all the equipment which is reasonably necessary for the effective management and administration of the affairs of the security 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 Act, 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 electronic filing system for the orderly keeping of all records and documents contemplated in regulation 10 of these regulations; 

 

(iii) the applicant’s administrative office and internal systems meet any reasonable  requirement that the Authority determines in terms of the Act;

 

(iv) the applicant has at its disposal as many administrative offices 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 location of the applicant’s activities;

 

(v) the affairs of the applicant are managed and controlled by appropriately experienced, trained  or skilled persons;

 

(vi) the applicant has at its disposal a sufficient number of  registered and appropriately trained and skilled security officers for the rendering of a security service for which it has contracted or is likely to contract;

 

(vii) the security officers used by the applicant in the rendering of a security service are properly controlled and supervised; 

 

(viii) the applicant has at its disposal a sufficient number 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 applicable law;

 

(ix) the applicant has at its disposal the financial means to ensure payment of the lawful wages to all the security officers and administrative staff used by it in connection with the rendering of a security service, as well as to ensure compliance with all its other statutory financial obligations; 

 

(x) the applicant has all the necessary equipment, including vehicles and properly trained working animals, if applicable in the circumstances, as well as the uniforms, clothing and equipment that must be issued to its security officers in view of the nature of their functions, at its disposal to enable it to render a proper security service for which it has contracted or is likely to contract;   and

 

(xi) the applicant is in lawful possession of the firearms and other weapons that are necessary to render the security service in respect of which it has contracted. 

 

(2) If the Authority deems it necessary to conduct an inspection 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 at any time after its registration as a security service provider, a security business fails or refuses at the written request of the director to demonstrate to the satisfaction of the director –

 

(a) that it still has at its disposal the infrastructure and capacity on the basis of which it was so registered; or 

 

(b) that its current infrastructure and capacity 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 defects are not rectified within such a reasonable period as the 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 register of security service providers, which is kept by the Authority in terms of section 24 of the Act, contains the following particulars:

 

(a)        the registration number on the registration certificate 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 date on the registration certificate referred to in paragraph (a);

 

(c)        the residential and business or employment address (street address and  postal address) and telephone contact particulars of the security service provider;

 

(d)        the full first names, surname, identity number, date of birth and citizenship of the security service provider if such provider is a natural person;

 

(e)        particulars of the security service or services rendered by the security service provider as well as the category of security service providers into which the provider is classified by the Authority;

 

(f)         the name of the security business, every name under which the security business is trading, the branches of the security business, the name of every person referred to in section 21(1)(a) of the Act, as well as the particulars contemplated in regulation 2(3)(e) of these regulations; 

 

(g)        the name of the employer of a security service provider who is a security officer;

 

(h)        particulars of every conviction of improper conduct 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 section 35 of the repealed legislation;

 

(i)         particulars of firearm licences and permits issued to a security service provider;  

 

(j)         the particulars contained in the register contemplated in section 13 of the repealed legislation; and

 

(k)   any other particulars deemed necessary by the Authority to be included in the register.

 

(2) An address of a security service provider contained in the register contemplated in sub-regulation (1) may be used by the Authority for the purposes of serving any document or notice in terms of the Act.

 

Change of name and status of security service provider

 

7.(1) An application to change the name of a registered security 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 be accompanied by the documentation required in terms of the form as well as the amount determined by the Authority for this purpose.

 

(2) Notification of a change in the name of a natural person registered as a security service provider must be submitted to the director, within a period of 7 days of the change occurring, on the form approved for this purpose by the Authority, accompanied by the documentation as required in terms of the form as well as the amount determined by the Authority for this purpose. 

 

(3) A security business which changes its name and trades under or uses such 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 offence and on conviction liable to a fine or to imprisonment for a period not exceeding 6 months.

 

(4)(a) An application to change the legal status or the nature of a security 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 application contemplated in paragraph (a) is considered 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 registered security service provider who wishes to occupy 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 must submit an application to the director on the form approved for this purpose by the Authority and the application must be accompanied by the documentation required in terms of the form,  as well as the amount determined by the Authority for this purpose.

(b) A registered security 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 the approval of the Authority as contemplated in paragraph (a), is guilty of an offence and on conviction liable to a fine or to imprisonment for a period not exceeding 12 months.

 

Change with regard to information submitted to the Authority

 

8.(1) A security service provider 

 

(a)     must inform the Authority within 10 days of any change in regard to any 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 the Board in writing in terms of a provision of or an application in terms of the repealed legislation; and

 

(b)     must, in the case of a security business, annually during November submit a return to the Authority with the information required on the form approved by the Authority for this purpose.

 

(2) The obligations referred to in sub-regulation (1) must be discharged through 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 referred to in section 21(1)(a)(ii), (iii), (iv), (v), (vi) or (vii) of the Act 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 security service provider who contravenes or fails to comply 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 exceeding 6 months.

 

Certificates of registration, identification and appointment

 

9.(1) The certificate of registration contemplated in section 25 of the Act contains the name and registration number of the security service provider,  such further information as the Authority may determine and the seal of the office of the director.

 

(2) The certificate of identification contemplated in section 25 of the Act is in the form of a credit card, includes a photograph of the security service provider, contains the name and registration number of the security service provider and such further information as the Authority may determine.

 

(3) The certificate of appointment of an inspector of the Authority contemplated 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 contain the statement that the inspector is a peace 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 Criminal Procedure Act, and must contain the name and address of the Authority, a photograph of the inspector, the name of the inspector and such further particulars as determined by the Authority.   

 

(4) The Authority may, on application of a security service provider and after 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 has been materially damaged, has been destroyed, has been 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 when there is some other sound reason for issuing a new certificate. 

 

(5) A security service provider must always carry his or her certificate of identification when he or she is rendering a security service or wearing the uniform of a security business in public and must immediately produce the certificate when requested to do so by a member of the Service, an inspector of the Authority, a client to whom the security service provider is rendering a security service, a person authorized by such client in writing, or by any other person with a legitimate interest to ascertain the registration status and identity of the security service provider. 

 

(6) A security service provider who –

 

(a)     without sufficient cause fails or refuses to comply with a request contemplated in sub-regulation (5); 

 

(b)     changes, falsifies information on, defaces, destroys or fails to take reasonable steps to safeguard  his or her certificate of registration or certificate of identification;  or

 

(c)     without a legal ground justifying such conduct, withholds, retains or is in possession of the certificate of registration or certificate of identification of another security service provider, 

 

is guilty of  an offence and on conviction liable to a fine or to imprisonment for a period not exceeding 6 months.

 

Keeping of records and documents

 

10.(1) Every security business must, subject to this regulation, keep all the records and documents concerning the management, administration and other matters relating to the rendering of security service by it.

 

(2) Every security business must, subject to this regulation, keep the originals of all records and documents contemplated in this regulation in a secure and orderly manner, available for inspection by the Authority –

 

(a)     at the administrative office contemplated in regulation 5(1) of these regulations, 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 by the director in writing on application by the security business concerned;  and