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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

19. Offences and penalties

 

(1) No person shall —
(a) in order to compel a security guard to door abstain from doing any act in respect of the exercise of his powers or the performance of his duties by virtue of the provisions of these Regulations, or on account of such security guard having done or abstained from doing such an act, threaten or suggest the use of violence to or restraint upon such security guard or any of his relatives or dependants, or threaten or suggest any injury to the property of such member or of any of his relatives or dependants;
(b) if he is not a security guard —
(i) by word, conduct or demeanour pretend that he is a security guard; or
(ii) agree with or induce or attempt to induce a security guard to omit to carry out his duty or to do any act in conflict with his duty; or
(iii) be a party to or aid or abet or incite a person to the commission of any act whereby any lawful order given to a security guard or a provision of these Regulations may be evaded; or
(c) intentionally give or furnish any false or incorrect information or particulars or a forged certificate, to the owner to whom he applies for appointment as a security guard; or
(d) in any newspaper, magazine, book or pamphlet or verbally, or by any other means, disclose or publish any information relating to —
(i) the composition or membership of security guards at any Key Point, or the duties of a security guard in respect of security measures which have been taken and applied at a Key Point and which are not expressly mentioned in or governed by these Regulations or the Act or any other law; or
(ii) the movement, deployment or methods of security guards at a Key Point who are involved in actions to prevent incidents, or occurrences or acts prejudicially affecting the security of a Key Point;

without the disclosure or publication of the said information being empowered by or on the authority of the Minister or the owner concerned, or without being legally obliged to do so, or except as may be strictly necessary for the performance of his functions in regard to his employment at or in respect of a Key Point.

 

(2) Any person who contravenes or fails to comply with a provision of subregulation (1) shall be guilty of an offence.

 

(3) A security guard who —
(a) performs duties at a Key Point in the knowledge that he is disqualified as contemplated in regulation 4; or
(b) contravenes or fails to comply with a provision of regulation 6(3), 8(1)(d) or 10(2)(b); or
(c) intentionally exercises a power conferred upon him by regulation 12, 13, 14 or 15 in respect of any other person or any object or article, in a manner not permitted by these Regulations, and thereby injures any person or damages any property or prejudicially affects the security of the Key Point; or
(d) intentionally exercises a power conferred upon him by these Regulations, contrary to the provisions thereof outside the vicinity or the security limit of the Key Point where he is employed; or
(e) in any manner whatsoever disclose or publish the information referred to in subregulation 1(d),

[Regulation 19(3)(e) substituted by regulation 12(a) of Notice No. R. 874 of 1985]

shall be guilty of an offence.

 

(4) An owner who —
(a) contravenes or fails to comply with a provision of regulation 10(2)(a) or 11(3); or
(b) intentionally employs a person who is disqualified as contemplated in regulation 4 as a security guard or hires the services of such a person, or who after it has come to his notice that a security guard employed by him or whose services he has hired has become on [sic] disqualified, allows such security guard to perform duty in any manner at the Key Point,

[Regulation 19(4)(b) substituted by regulation 12(b) of Notice No. R. 874 of 1985]

shall be guilty of an offence.

 

(5) Any person who has been found guilty of an offence under subregulation (2), (3) or (4), shall on conviction be liable to a fine not exceeding R10 000 or to imprisonment for a period not exceeding three years or to both such fine and such imprisonment.