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

Regulations

Improper Conduct Enquiries Regulations, 2003

2. Appointment, designation, functions and dismissal of presiding officers and of prosecutors

 

(1) The director may, with the concurrence of the Council, from time to time appoint, on such terms and conditions as the Council may approve, persons who are not in the employ of the Authority and who are suitably qualified, experienced and independent to preside over enquiries into charges of improper conduct against security service providers, and to perform any other function provided for in these regulations, and may terminate any such appointment.

 

(2) The director may designate a presiding officer appointed in terms of subregulation (1) to enquire into a charge or any category of charges.

 

(3) The functions and powers of a presiding officer are as provided for in the Act and in these regulations.

 

(4) A presiding officer may administer an oath or affirmation to a witness at any enquiry.

 

(5) The director may from time to time appoint, on such terms and conditions as he or she may determine, suitably qualified and experienced persons as prosecutors to perform the functions of a prosecutor in terms of these regulations, and may terminate any such appointment.

 

(6) A prosecutor performs his or her functions subject to these regulations and under the authority and control of the director.

 

(7) A document purporting to be signed by the director and which states that a person mentioned therein has been appointed or designated as a presiding officer or as a prosecutor, as the case may be, constitutes prima facie proof of such an appointment and designation in any proceedings where the document is submitted.