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National Key Points Act, 1980 (Act No. 102 of 1980)

Regulations

Regulations regarding the Appointment of Guards by Owners of National Key Points and the Powers of such Guards

16. Powers of the Minister

 

(1) The Minister may, in respect of a specific owner of a Key Point or a specific category of owners, by written notice to such owner or owners—
(a) designate the protecting authority in respect of whom such owner or owners shall exercise the duties which have been imposed upon an owner by these Regulations and in connection with which a protecting authority is involved;
(b) indicate the number of security guards which the Minister deems necessary to be employed by the owner in terms of regulation 2(1) or whose services should otherwise be hired, in respect of the Key Point or Key Points;

[Regulation 16(1)(b) substituted by regulation 10(a) of Notice No. R. 874 of 1985]

(c) indicate the procedures to be followed by the owner or owners when submitting an application as contemplated in regulation 3(3);
(d) determine the requirements, including tests, contemplated in regulation 5(1)(b);

[Regulation 16(1)(d) substituted by regulation 10(b) of Notice No. R. 874 of 1985]

(e) in respect of a specific applicant referred to in regulation 5(1) who is not a South African citizen as contemplated in paragraph (a) of that regulation, grant permission that such applicant may be appointed as a security guard on the ground of such other citizenship or nationality qualifications which are indicated, in so far as the requirement mentioned in regulation 5(1)(a) is relevant;
(f) subject to subregulation (2) determine the contents of a training course which persons who are employed or whose services are hired by the owner or owners as security guards have to pass in order to qualify for employment as security guards at the Key Point or Key Points concerned as well as of any further training which authorised security guards have to follow, and the place where, time when or period during which and the manner in which such course or courses are to be followed or the procedure which an owner or security guard contractor shall follow to cause such security guards to attend such courses with such persons or bodies which the Minister or any person acting on his authority, has approved for this purpose in the manner likewise determined by the Minister;

[Regulation 16(1)(f) substituted by regulation 10(c) of Notice No. R. 874 of 1985]

(g) indicate the number of control security guards which the Minister deems necessary for the purposes of regulation 9(1)(b) to be appointed by the owner thereunder in respect of the Key Point concerned;
(h) indicate, subject to subregulation (3), where, how and to what extent a security limit should be determined on or in the vicinity of a Key Point in respect of that Key Point for the purposes of the application of these Regulations relating to the exercise of powers by security guards and the control over the movement of persons and goods to and from a Key Point over that limit;
(i) issue instructions relating to fire-arms, other weapons and ammunition to be provided to security guards and the duties which owners and such guards shall perform relating to the handling, use and maintenance of such arms and ammunition.

 

(2) Security guards shall during a training course referred to in subregulation (1)(f), receive training in respect of the following subjects and matters, namely:
(a) Fire prevention and fire fighting measures;
(b) handling of weapons, including fire-arms;
(c) weapons which saboteurs, terrorists or subverters are likely, in the opinion of the protecting forces, to use in respect of a Key Point;
(d) medical first-aid measures;
(e) rules of the South African private and public law, and in particular those rules which are concerned with the execution, application and maintainance of security measures at Key Points, including the provisions of the Act, these Regulations, the Internal Security Act, 1982 and the Protection of Information Act, 1982;
(f) physical education;
(g) communications;
(h) search; and
(i) such other subjects or matters determined from time to time by the Minister.

 

(3) If a security limit in respect of a Key Point has been determined by the owner, or by the Minister in terms of subregulation (1)(h), the owner shall take the necessary steps to disclose the existance and the precise extent thereof to the security guards who are employed at the Key Point and to other persons who are employed at the Key Point who render services or who are present on or in the vicinity of the Key Point.

 

(4) The Minister may if circumstances require, on request of the owner of a Key Point, grant extension for the execution of any duty or function imposed on an owner of a Key Point by these Regulations.

[Regulation 16(4) inserted by regulation 6(d) of Notice No. R. 2439 of 1983]