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

Chapter 3 : Registration as Security Service Provider

23. Requirements for registration

 

(1) Any natural person applying for registration in terms of section 21(1), may be registered as a security service provider if the applicant is a fit and proper person to render a security service, and—
(a) is a citizen of or has permanent resident status in South Africa;
(b) is at least 18 years of age;
(c) has complied with the relevant training requirements prescribed for registration as a security service provider;
(d) was not found guilty of an offence specified in the Schedule within a period of 10 years immediately before the submission of the application to the Authority;
(e) was not found guilty of improper conduct in terms of this Act within a period of five years immediately before the submission of the application to the Authority;
(f) submits a prescribed clearance certificate, together with such other information as the Authority may reasonably require, if the applicant is a former member of any official military, security, police or intelligence force or service in South Africa or elsewhere;
(g) is mentally sound;
(h) is not currently employed in the Public Service in circumstances where such registration may conflict with a legislative provision applicable to the applicant;
(i) has paid the relevant application fee; and
(j) is not a person referred to in subsection (5).

 

(2) A security business applying for registration as a security service provider in terms of section 21(1), may be so registered only if—
(a) every natural person referred to in section 20(2) complies with the requirements of subsection (1) and is not an unrehabilitated insolvent; and
(b) such security business meets the prescribed requirements in respect of the infrastructure and capacity necessary to render a security service.

 

(3) The Authority may cause any inspection to be held which it deems necessary to establish whether an applicant meets the requirements contemplated in subsection (2)(a), against payment by the applicant of an amount determined by the Authority for this purpose.

 

(4) The Authority may refuse the registration of any person who—
(a) at the time of submission or consideration of the application, is under State investigation in respect of an offence specified in the Schedule or who is being criminally prosecuted in respect of such an offence; or
(b) was convicted of an offence specified in the Schedule more than 10 years immediately before the submission of the application for registration to the Authority.

 

(5) Despite any provision to the contrary, a person in the permanent employ of the Service, the South African National Defence Force or the Department of Correctional Services may not be registered as a security service provider whilst so employed.

[Regulation 23(5) substituted by section 53 of the General Intelligence Laws Amendment Act, 2013 (Act No. 11 of 2013)]

 

(6) Despite the provisions of subsections (1) and (2), the Authority may on good cause shown and on grounds which are not in conflict with the purpose of this Act and the objects of the Authority, register any applicant as a security service provider.