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

Regulations

Code of Conduct for Security Service Providers, 2003

Chapter 1 : Purpose, Application and Interpretation of the Code

4. Definitions

 

In this Code any expression to which a meaning has been assigned in the Act will bear the meaning so assigned and, unless the context indicates otherwise—

 

"Act"

means the Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001) and all regulations made in terms of the Act;

 

"act"

includes an omission;

 

"ammunition"

means ammunition as defined in the Firearms Control Act, 2000 (Act No. 60 of 2000);

 

"Bill of Rights"

means the Bill of Rights contained in the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);

 

"client"

means a person with whom a security service provider has concluded a contract, with the exception of an employment contract, providing for the rendering of a security service to such person, and includes a person—

(a) who approaches a security service provider or who is being approached by a security service provider in connection with the rendering of a security service to such person;
(b) with whom a security service provider negotiates for the rendering of a security service to such person;
(c) to whom a security service provider makes an offer to render a security service; or
(d) to whom a security service provider renders or has rendered a security service;

 

"director"

includes a staff member of the Authority appointed as the acting director by the Council or to whom any of the powers or duties of the director have been delegated or assigned, as the case may be,

 

"document"

means any recorded information, regardless of the form or medium thereof;

 

"employer of in-house security officers"

means a person who is not a security service provider and who uses his or her own employees to protect or safeguard merely his or her own property or other interests, or persons or property on his or her premises or under his or her control;

 

"enquiry"

means an enquiry as defined in the Improper Conduct Enquiries Regulations;

 

"equipment"

means any equipment used for the purpose of or in connection with the rendering of a security service, including security equipment and a working animal used in the rendering of a security service, but does not include a firearm, a weapon or ammunition;

 

"firearm"

means a firearm as defined in the Firearms Control Act, 2000 (Act No. 60 of 2000);

 

"improper conduct"

in relation to a security service provider, means improper conduct contemplated in regulation 24, and in relation to an employer of in-house security officers, means improper conduct contemplated in regulation 26;

 

"Improper Conduct Enquiries Regulations"

means the Improper Conduct Enquiries Regulations, 2003;

 

"key"

includes any object which is used to lock, unlock, close or engage a locking mechanism of any kind;

 

"Levies Act"

means the Private Security Industry Levies Act, 2002 (Act No. 23 of 2002) after it has come into operation;

 

"monitoring device"

means a monitoring device as defined in section 1 of the Interception and Monitoring Prohibition Act, 1992 (Act No. 127 of 1992);

 

"presiding officer"

means a presiding officer as defined in the Improper Conduct Enquiries Regulations;

 

"prosecutor"

means a prosecutor as defined in the Improper Conduct Enquiries Regulations;

 

"repealed code of conduct"

means the code of conduct for security officers drawn up and made binding in terms of the Security Officers Act, 1987 (Act No. 92 of 1987) and which is repealed by regulation 31;

 

"respondent"

means a respondent as defined in the Improper Conduct Enquiries Regulations;

 

"Security Services"

means the South African Police Service, the South African National Defence Force, the Directorate of Special Operations, the National Intelligence Agency, the South African Secret Service, the Department of Correctional Services and any other official law enforcement agency or service established by law, irrespective of whether such an agency or service resorts at national, provincial or local government level;

 

"security training establishment"

means a person, establishment or institution providing security training and which has been accredited for this purpose in terms of any law;

 

"this Code"

means the Code of Conduct for Security Service Providers contained in this Schedule;

 

"weapon"

means any weapon other than a firearm.