Contingency Fees Act, 1997
R 385.00
Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001)RegulationsCode of Conduct for Security Service Providers, 2003Chapter 2 : General Obligations of Security Service Providers and Minimum Standards of Conduct9. General obligations towards clients, and issues related thereto |
| (1) | A security service provider may not use any misrepresentation, duress, unreasonable pressure or undue influence, or unfairly or unreasonably exploit or misuse the circumstances of any client, or use any method or act prohibited in terms of legislation or common law dealing with corruption, when communicating, negotiating or contracting with a client. |
| (2) | A security service provider must, whenever a client reasonably needs information to make an informed decision or to exercise or protect a right or comply with a duty, furnish sufficient and correct information which is or should reasonably be within the knowledge of the security service provider, to the client, including such information concerning— |
| (a) | the risks to which the client is exposed and the client's needs in respect of a particular security service; |
| (b) | the client's needs in respect of the use of equipment, firearms and weapons in the rendering of a security service to the client; |
| (c) | the security service that he, she or any other security service provider that will be used to render the security service, is entitled, able and qualified to render; |
| (d) | the correct and full remuneration, reward, fee or benefit payable by the client in respect of the relevant security service; |
| (e) | the registration status as security service provider, training level and relevant conditions of service of the security officers used or to be used in rendering the security service; |
| (f) | the management, control and supervision of the rendering of the security service as well as reasonable contact particulars of security officers performing such functions; |
| (g) | the procedures, firearms, ammunition, weapons and equipment used or to be used by security officers in the rendering of the security service; |
| (h) | any contractor or subcontractor used or to be used in connection with the rendering of the security service, as well as the control and supervision of such contractor or subcontractor; |
| (i) | any matter on which the security service provider is by law obliged to furnish information to the client; and |
| (j) | any matter on which the client lawfully and reasonably requests information. |
| (3) | A security service provider may not— |
| (a) | make a contractual offer, conclude a contract or make himself or herself available for the rendering of a security service or the performance of any function, that requires a legal power, licence, permit, authorisation, accreditation, level of training, skill, knowledge, qualification, registration, security officers, firearm, ammunition, weapon, equipment, infrastructure, capacity or premises, which he or she does not have or is not likely to have when he or she has to commence rendering such a service or perform such a function; |
| (b) | render or purport to render a security service or perform any function that requires a legal power, licence, permit, authorisation, accreditation, level of training, skill, knowledge, qualification, registration, security officers, firearm, ammunition, weapon, equipment, infrastructure, capacity or premises, which he or she does not have; |
| (c) | submit tender documentation for the rendering of a security service to any person or body that contains any materially false or misleading information, or that omits any information of a material nature; |
| (d) | make a contractual offer to or conclude a contract with a client containing any term, condition or provision that— |
| (i) | excludes, limits or purports to exclude or limit the legal liability of the security service provider towards the client in respect of any malicious, intentional, fraudulent, reckless or grossly negligent act of the security service provider, his or her security officers or other personnel, or any other person used by the security service provider or recommended by him or her to the client; or |
| (ii) | places a duty or purports to place a duty on the client to indemnify or compensate the security service provider or any other person in respect of any act referred to in subparagraph (i) by a person for whose conduct the client is not independently responsible in law; |
| (e) | make a contractual offer to or conclude a contract with a client containing any term, condition or provision that excludes or limits or purports to exclude or limit any duty on the security service provider in terms of the Act or this Code or any right which a client has in terms of the Act or this Code, or which constitutes or purports to constitute a waiver of any such right by the client; or |
| (f) | make a contractual offer to or conclude a contract with a client containing any term, condition or provision that is prohibited in terms of any legislation dealing with unfair or unconscionable contractual provisions. |
| (4) | A security service provider must ensure, at his or her own cost, that the full contractual agreement with the client in respect of the rendering of a security service is reduced to writing and signed by or on behalf of the security service provider and that a true copy thereof is provided to the client without undue delay. |
| (5) | A security service provider— |
| (a) | must render the security service for which he or she has bound himself or herself contractually in accordance with the terms and conditions of the contract, the Act and this Code; |
| (b) | must render the security service for which he or she has bound himself or herself contractually, and perform any related function or work, with such a degree of skill, diligence and care as may be expected of a reasonable, competent and qualified security service provider in the circumstances; and |
| (c) | may not demand a larger performance from a client for the rendering of a security service than that which is legally owed by the client, or receive such a performance, unless the client voluntarily decides to render an additional performance. |
| (6) | A security service provider must at the request of a client provide the client with a written account containing sufficient particulars to enable the client to estimate the correctness of the payment or performance required from the client for the rendering of a security service. |
| (7) | A security service provider must without undue delay furnish a client who has paid any amount for the rendering of a security service with a correct and full receipt, or similar adequate written or electronic proof, in respect of such payment. |
| (8) | A security service provider must protect the rights and legally recognised interests of a client in a reasonable manner, in accordance with all applicable law and with due regard to the rights and legally recognised interests of all other parties concerned. |
| (9) | A security service provider may not in rendering a security service make any person available or use or permit the use of any firearm, ammunition, weapon or equipment if this exposes the client or any other person to any unlawful harm, or the unreasonable risk of unlawful harm, of which the security service provider is aware or should reasonably be aware. |
| (10) | A security service provider may not— |
| (a) | use or make any person available for the rendering of a security service, whether directly or indirectly, unless such a person— |
| (i) | is registered as a security service provider in terms of the Act and may render the relevant security service in terms of the Act; and |
| (ii) | has successfully completed the security training required in terms of law in respect of the rendering of the relevant security service; |
| (b) | use another security service provider than the one provided for in the contract with the client to render the security service or part thereof to a client, unless— |
| (i) | the client has given consent thereto; and |
| (ii) | such security service provider is registered with the Authority and is entitled, able and equipped, and has the infrastructure and capacity, to render the security service in question. |
| (11) | A security service provider may not, where a conflict of interests of the security service provider and the client, or a conflict of interests of different clients of the security service provider, exists, arises or is reasonably foreseeable in the rendering of a security service, act or continue to act without prior full disclosure to and the consent of the interested parties. |
| (12) | A security service provider may not in any manner whatsoever disclose confidential information concerning a client, including information relevant to the security, safety or protection of a client or of his or her legally recognised interests, that has come to his or her knowledge on account of the rendering or negotiating the rendering of a security service to such client, without having obtained prior consent for the disclosure, unless the security service provider is legally obliged to disclose the information or the disclosure is made in circumstances in which it is not reasonably possible to obtain the client's consent and the disclosure is made in the interests of the client. |
| (13) | A security service provider may not in any manner whatsoever, without the written consent of a client, use confidential information concerning the client that has come to his or her knowledge on account of the rendering or negotiating the rendering of a security service— |
| (a) | to obtain or retain an unfair, financial benefit at the expense of the client; or |
| (b) | to unfairly compete with the client in business. |
| (14) | A security service provider must take all reasonably necessary steps to protect and safeguard any confidential information concerning a client, including information relevant to the security, safety or protection of the client or of his or her legally recognised interests, that has come to his or her knowledge on account of the rendering or negotiating the rendering of a security service to such client. |
| (15) | A security service provider may not— |
| (a) | without a legal ground justifying such conduct, use, alienate, hand over, be in possession of, or retain any property of a client, or be or remain on the premises or any part thereof of a client; or |
| (b) | intentionally or through gross negligence damage or lose any property of a client. |
| (16) | Without derogating from any provision in this regulation, a security service provider may not commit a delict against his or her client in the rendering of a security service to the client or in any act related to the rendering of a security service. |
