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Critical Infrastructure Protection Act, 2019 (Act No. 8 of 2019)

Chapter 4 : Powers and Duties or Persons in Control of Critical Infrastructure

25. Access to critical infrastructure

 

(1) Subject to section 24, the person in control of a critical infrastructure must—
(a) take such lawful steps as he or she may consider necessary, for the securing of a critical infrastructure and the contents thereof, as well as for the protection of the persons present at the critical infrastructure;
(b) issue a notification in the prescribed form that the critical infrastructure may only be entered upon in accordance with the provisions of subsection (2) and that persons or vehicles may be searched upon entering or leaving the premises in terms of subsection (5); and
(c) ensure that a notification as contemplated in paragraph (b) is placed at the entrance to that critical infrastructure.

 

(2)
(a) No person may, without the permission of the security manager, or the security personnel under the direction of the security manager enter into or upon any critical infrastructure in respect of which a direction has been issued in terms of subsection (1)(b).
(b) For the purpose of granting permission, the security manager or the security personnel under the direction of the security manager, may require of a person to—
(i) furnish his or her name, address and any other relevant information required by the authorised person;
(ii) produce proof of his or her identity;
(iii) declare whether he or she has any dangerous object in his or her possession or under his or her control;
(iv) declare the contents of any vehicle, suitcase, bag, handbag, folder, envelope, parcel or container of any nature, which he or she has in his or her possession, custody or control, and show the content to the security manager;
(v) subject himself or herself and anything in his or her possession or under his or her control to an examination by an electronic or other apparatus, in order to determine the presence of any dangerous or prohibited object; and
(vi) subject to subsection (6), be searched by a security manager or security personnel under the direction of the security manager.

 

(3) Where the security manager or the security personnel under the direction of the security manager grants permission to a person in terms of subsection (2), the person may enter subject to conditions regarding—
(a) the carrying or displaying of proof that the necessary permission has been granted;
(b) restrictions relating to persons with whom he or she may come into contact in or on the critical infrastructure;
(c) restriction of access to certain parts of the critical infrastructure;
(d) the duration of his or her presence on or in the critical infrastructure;
(e) being escorted while he or she is on or in the critical infrastructure; and
(f) other requirements as the security manager or the security personnel may consider necessary.

 

(4) Without derogating from the provisions of the Trespass Act, 1959 (Act No. 6 of 1959), a security manager or the security personnel under the direction of the security manager may, at any time, remove any person from any critical infrastructure if—
(a) that person enters the critical infrastructure or any part of the critical infrastructure concerned, without the required permission contemplated in subsection (2);
(b) that person refuses or fails to observe a condition contemplated in subsection (3); or
(c) it is necessary for the securing of the critical infrastructure concerned or the contents thereof or for the protection of the people therein or thereon.

 

(5) The person in control of a critical infrastructure may determine that persons and vehicles leaving that critical infrastructure must be searched subject to subsection (6).

 

(6)
(a) Any search of a person’s body conducted under subsections (2)(b)(vi) or (5) must be carried out by a person of the same gender, or as preferred in terms of paragraph (d)(ii), with strict regard to the right to privacy and dignity and must be in accordance with the provisions of this section and any other prescribed directive.
(b) When conducting a search of a person’s body under subsections (2)(b)(vi) and (5), the manner of search is restricted to a pat-down of the person’s outer garments to establish whether that person is in possession or control of a prohibited or dangerous object.
(c) A search of a person’s body under subsection (2)(b)(vi) or (5) may only be performed if—
(i) a reasonable suspicion exists that such a person did not declare a dangerous or prohibited object in his or her possession or under his or her control; and
(ii) the manner of or place where the search is performed does not infringe upon the privacy and dignity of the person to be searched.
(d) Before a security manager or security personnel under the direction of the security manager may search a person referred to in paragraph (c)(i), the person to be searched must be—
(i) informed of the gender of the person who will conduct the search, the manner of search and the place where the search will be performed; and
(ii) provided with an opportunity to express a preference regarding the gender of the member of the security personnel who must conduct the search.

 

(7) If it is not practicable to examine or keep in custody on or in the critical infrastructure concerned, anything which may be examined or kept in custody under subsection (2), may be removed to a suitable place for that purpose.

 

(8) The person in control of a critical infrastructure must indicate in a notice, in the prescribed form and manner, at every entry point of a critical infrastructure that the critical infrastructure may only be entered upon in accordance with the provisions of subsection (2) and the conditions determined by the security manager.