| (a) |
An authorised security guard (in this regulation referred to as a security guard) who is not a control security guard or a chief security officer, may search— |
| (i) |
in the performance of service at a Key Point at a place where a person may leave or enter that Key Point or pass the security limit, any person who enters or leaves the Key Point or who passes the said limit, whether or not such person has permission, authority or a valid reason to do so and whether or not such security guard knows the identity of the person; |
| (ii) |
any person referred to in regulation 12 at any time during the taking of steps prescribed by that regulation; |
| (iii) |
any person whom he has arrested by virtue of a power conferred upon him, or who is in his custody after having been arrested by someone else; |
if such person submits thereto voluntarily, and may examine articles in his possession including any vehicle with which such person intends to enter or leave the Key Point or to pass the security limit.
| (b) |
The purpose of such examination and search is to ascertain whether such person has in his possession any article— |
| (i) |
which is concerned in the commission or suspected commission; or |
| (ii) |
which may afford evidence of the commission or suspected commission; or |
| (iii) |
which is intended to be used in the commission or suspected commission; |
of any act prejudicially affecting the security of a Key Point, or which is concerned in an occurrence prejudicially affecting such security, or which is on reasonable grounds believed to be an article of such nature.
| (2) |
A search of a person in terms of subregulation (1) shall be conducted with strict regard to decency and order and if possible only on the authority of a control security guard, a chief security officer or an owner, and a woman shall be searched by a woman only and if no female guard is available, the search shall be made by any woman designated for the purpose by the security guard: Provided that in the case of an incident, if a female is not readily available to undertake the said search, a female may be searched by a male security guard but, where possible, in the presence of a third party only. |
| (3) |
A security guard shall not handle articles which he examines in a reckless or careless manner and shall not break or damage such articles unnecessarily, and shall not open articles which are containers or packages unless it is necessary for the purposes described in subregulation (1)(b), and the person involved in the latter case does not open the articles himself. |
| (4) |
The provisions of regulation 13(3), (4) and (5) shall apply mutatis mutandis to an examination of an article in the circumstances contemplated in this regulation. |
| (5) |
If a person referred to in subregulation (1)(a) does not submit himself, or the articles in his possession, voluntarily to a search or examination by a security guard, and is not a person who may be arrested by virtue of any provision of these Regulations, the security guard shall, subject to the provisions of subregulation (4), report the refusal to a control security guard or the chief security officer or the owner, and in the meanwhile— |
| (a) |
if the other person is a person who wishes to enter the Key Point or to pass the security limit, prevent such person from entering the Key Point or passing the security limit; or |
| (b) |
if the other person is a person who wishes to leave the Key Point, prevent such person to leave that Key Point; |
until the circumstances so change that a ground appears on which the security guard is empowered to arrest the person, or until proper permission has been obtained for the person to enter or leave the Key Point, as the case may be.
| (6) |
The provisions of regulation 15(2), (3), (4), (5), (6) and (7) concerning the milking of an arrest shall apply mutatis mutandis in respect of the taking of steps by a security guard as contemplated in subregulation (5)(a) or (b) in order to prevent a person to enter or leave a Key Point. |
| (7) |
The provisions of subregulations (1) to (6), inclusive, shall also apply in respect of a security guard who is a control security guard or a chief security officer: Provided that any such person may on his own grant permission to the person concerned to enter or leave the Key Point, if it appears to him that under the circumstances the granting of such permission does not, or is not likely to, affect the security of the Key Point prejudicially, and that there exists no reason on the basis of which such person may be arrested or prevented to enter or leave the Key Point. |
| (a) |
If a security guard under this regulation exercises a power to search or examine and finds an article referred to in subregulation, (1)(b) in the possession of the person concerned which is not dealt with in accordance with subregulation (4), or, if it has been dealt with in accordance with subregulation (4), which has been rendered harmless and is in the custody of the security guard, such article shall be seized by the security guard. |
| (b) |
A security guard who seizes an article by virtue of paragraph (a), shall, as far as circumstances shall permit— |
| (i) |
give it a distinctive identification mark, and deliver to the previous possessor a receipt or other proof of seizure of the article; |
| (ii) |
retain the article in custody in order that it may not be damaged, ruined or destroyed; |
| (iii) |
if the article is perishable, with due regard to the interests of the persons concerned, dispose of the article in such a manner as the circumstances may require; |
| (iv) |
deliver the article as soon as possible to a control security guard or a chief security officer or the owner, or cause the article to be so delivered, for safe custody. |
| (9) |
A person referred to in subregulation (8)(b)(iv) shall— |
| (a) |
if the article is one which is concerned in an offence or a suspected offence, deliver the article as soon as possible to the South African Police to be dealt with in accordance with law; |
| (b) |
if the article is not concerned in an offence or a suspected offence, inform the South African Police thereof, and if the Police confirm that no criminal proceedings in respect thereof will be instituted or that it is not required for any other criminal proceedings, keep the article in custody until all steps in respect of the article or the person in whose possession it was, has been taken, whereafter, after consultation with the South African Police, it shall be returned to the person in whose possession it bad been if he may lawfully possess it, and, in any other case, to the person who may lawfully possess it. |
| (10) |
If the previous possessor or lawful possessor of the article referred to in regulation (9)(b) cannot be traced, the article shall be kept in custody by the owner of the Key Point for a period of one year, after which period the owner may in his discretion dispose thereof after consultation with the South African Police. |
Pharmacy Act, 1974
