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Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001)

Chapter 5 : Monitoring and Investigation

34. Powers of inspectors relating to security service providers

 

(1) In order to carry out an inspection of the affairs of a security service provider or another person contemplated in section 33, an inspector may at any reasonable time—
(a) without prior notice, enter any premises—
(i) occupied by or used in connection with the rendering of a security service by a security service provider or another person contemplated in section 33;
(ii) which the director has reason to believe are occupied by or used in connection with the rendering of a security service by a security service provider or another person contemplated in section 33; or
(iii) where or from where a security service is rendered or the director has reason to believe that such a service is rendered;
(b) use any applicable equipment which has not been prohibited by the Council during such inspection and conduct such inspection, examination and investigation as may be necessary for the purpose of monitoring or enforcing compliance with this Act or the Levies Act;
(c) use any computer system or equipment on the premises which is or appears to be utilised for the control or administration of the rendering of a security service, or require reasonable assistance from any person on the premises to use that computer system to—
(i) access any data contained in or available to that computer system relating to matters contemplated in paragraph (d);
(ii) reproduce any record from that data; and
(iii) seize, against the issue of a receipt, any output from that computer for examination and copying;
(d) require from any person on the premises who is in control of the premises or appears to be performing managerial, supervisory, administrative or clerical functions relating to the rendering of a security service, at such a reasonable time and place as may be determined by the inspector—
(i) to disclose information, either orally or in writing, on any matter relating to the compliance with the provisions of this Act or the Levies Act, by the security service provider or other person contemplated in section 33, concerned;
(ii) to produce to the inspector all or any records or documentation relating to the activities of the security service provider or other person contemplated in section 33, and pertaining to such a period as may be determined by the inspector, including but not limited to—
(aa) a list with the names and identity numbers of all security officers and other employees of the security service provider or other person contemplated in section 33 concerned, as well as a list with the names and identity numbers of all persons who are officials of the security service provider or other person contemplated in section 33, but who are not its employees;
(bb) the wage register, payroll, pay-slips or other similar documentation in respect of such security officers, officials and employees;
(cc) time-sheets and attendance registers reflecting the hours of work of such security officers, officials and employees;
(dd) posting sheets indicating the places where such security officers have been or are utilised in connection with a security service, the nature of such service, whether the security officers are in possession of any firearm or other weapon or have been provided with any firearm or other weapon by anyone and any legal authorisation regarding such a firearm;
(ee) documentation indicating the level of security training of such security officers and officials;
(ff) personnel files of such security officers, officials and employees;
(gg) contracts entered into between the security service provider or other person contemplated in section 33, and such security officers, officials and employees;
(hh) documentation pertaining to deductions and payment of amounts by the security service provider or other person contemplated in section 33, to the Authority; and
(ii) documentation pertaining to any contract between the security service provider or other person contemplated in section 33, and a client;
(e) search the premises for any records or documentary information contemplated in paragraph (d);
(f) open any room, strongroom, safe, cabinet or other container which the inspector suspects contains any record or document relating to the affairs of the security service provider or other person contemplated in section 33, or cause it to be opened;
(g) inspect or examine any record or document contemplated in paragraph (d), or other article or object on or in the premises used or which appears to be used in connection with the rendering of a security service by the security service provider or other person contemplated in section 33 concerned and request information about any such document, article or object from any person contemplated in paragraph (c);
(h) make copies or extracts from any record or document contemplated in paragraph (d) or, against the issue of a receipt by the inspector, seize a record, document or object if the inspector has reason to believe that it can serve as evidence at any improper conduct proceedings or any other inquiry in terms of this Act.

 

(2) Any person from whose possession any item contemplated in subsection (1) has been removed, or who otherwise to the satisfaction of the director or an inspector proves a right of ownership or possession in respect thereof, may during normal office hours be permitted by the director or inspector to investigate or examine the item in question, or extracts from any such record or document, under circumstances necessary to protect the integrity of the item in question;

 

(3)
(a) An inspector in respect of any provision of this or any other law applicable to security service providers is deemed to have been appointed as a peace officer by the Minister of Justice in terms of section 334 of the Criminal Procedure Act, 1977 (Act No 51 of 1977), for the national territory of the Republic, and 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, 1977.
(b) An inspector may use the powers in terms of this subsection only to serve the purposes of this Act and matters incidental thereto.

 

(4) A member of the Service or an inspector may demand the production of the registration and identification certificate contemplated in section 25, by any person purporting to be a security service provider.

 

(5) Any member of the Service has all the powers conferred on an inspector in terms of this Act and the Levies Act.