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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

12. Powers of security guards

 

(1) An authorised security guard (in this regulation referred to as a security guard), who is not a control security guard or a chief security officer, may request at a Key Point any person whom the security guard finds there and whose identity, or in respect of whom the reasons for his presence at that place, is not known to him or immediately ascertainable, to furnish him with an explanation of his presence and his name and address.

 

(2) If a person referred to in subregulation (1) is unable to give a satisfactory explanation for his presence, or to furnish particulars of his name and address or concerning his identity in any other manner, but requests the security guard for an opportunity to obtain proof of his identity or of the reasons for his presence at the place concerned; the security guard shall give the person an opportunity to obtain such proof and particulars, or to obtain the permission of the owner or of a control security guard or of the chief security officer to be present at the Key Point, by accompanying him and placing all the required facilities at disposal.

 

(3) If the person concerned cannot within a reasonable time, but not exceeding two hours, furnish the security guard with the proof and particulars referred to in subregulation (2), and can also not obtain permission to be at the Key Point, the security guard shall order the person to leave the Key Point and shall accompany him whilst and until he does so.

 

(4) If the person concerned in the circumstances contemplated in subregulation (3), refuses to obey the order of the security guard, the security guard shall arrest him in accordance with the provisions of regulation 15.

 

(5) A security guard shall not allow a person who desires to enter a Key Point or its vicinity from outside or to pass the security limit concerned, at a place where the security guard performs service, and who is a person referred to in subregulation (1), to enter the Key Point or to pass that limit until such person satisfactorily discloses his identity and the reasons for his entering of the Key Point to the security guard, or obtains the permission referred to in subregulation (2).

 

(6) The provisions of regulations 15(2), (3), (4), (5), (6) and (7) concerning the making of an arrest shall apply mutatis mutandis in respect of the taking of steps by a security guard as contemplated in subregulation (5) in order to prevent a person to enter the Key Point or to pass the security limit.

 

(7) The provisions of subregulations (1) to (6), inclusive, shall also apply in respect of a security guard who is a control security guard or a chief security officer: Provided that such security guard may on his own give the permission contemplated in this regulation to the person concerned if it appears to him that in the circumstances the granting of such permission does not affect the security of the Key Point prejudicially or is not likely so to affect such security.