| (1) |
An authorised security guard (in this regulation referred to as a security guard) may arrest any person at a Key Point whom the security guard knows, or whom he on reasonable grounds believes to be a person who— |
| (a) |
wishes to enter the Key Point without a lawful reason, permission or authority or wishes so to pass a security limit, or so to remain therein, and who refuses to leave a Key Point when requested to do so by an authorised security guard or the owner; or |
| (b) |
has escaped from the custody of a person who has arrested him in accordance with these Regulations, or attempts so to escape; or |
| (c) |
has committed any act which is an offence under section 10 of the Act; or |
| (d) |
has committed, commits or clearly intends to commit any act prejudicially affecting the security of the Key Point, or who was or is involved in an occurrence prejudicially affecting such security or an incident; |
in accordance with the provisions of this regulation.
| (2) |
Such an arrest shall be effected, unless the person to be arrested submits to custody, by actually touching his body or, if the circumstances so require, by confining his body by the use of reasonable force. |
| (3) |
A person so arrested shall at the time of the effecting thereof, or immediately thereafter, be informed of the cause of the arrest. |
| (4) |
A security guard effecting an arrest may order any other security guard, including a provisionally appointed security guard, to assist him with the arrest and with the detention in custody of the person concerned. |
| (5) |
If the security guard in the circumstances contemplated in this regulation attempts to effect an arrest and the person in question— |
| (a) |
resists the arresting and cannot be arrested without the use of reasonable force; or |
| (b) |
flees when it is clear that an attempt to arrest him is being made; |
the security guard may, in order to effect the arrest, apply such reasonable force to the person as in the circumstances may be necessary to overcome the resistance or to prevent the person concerned from fleeing, including the use of force by means of a fire-arm.
| (6) |
If the security guard is compelled so to use force to effect an arrest, he shall not use force to a greater extent than is necessary to effect the arrest and the force used shall be moderated and proportional to the circumstances of the case and the object to be attained. |
| (7) |
A security guard shall not use a fire-arm or other weapon which is likely to cause serious bodily injury, or death, by virtue of a power conferred by this regulation to apply reasonable force— |
| (i) |
before weapons less likely to cause such injury or death have been used to effect the arrest; and |
| (ii) |
otherwise than with all reasonable caution, without recklesness [sic] or negligence, and so as to produce no further injury to any person than is necessary for the attainment of the object aforesaid; and |
| (b) |
unless the person who is to be arrested, subject to subregulation (1), by no other means be arrested or prevented from fleeing, and — |
| (i) |
kills or seriously injures any person or attempts or clearly intends so to do; or |
| (ii) |
causes serious damage to movable or immovable property or attempts or clearly intends so to do; or |
| (iii) |
commits any other act by which the Key Point is seriously damaged, disrupted or immobilised, or attempts or clearly intends so to do. |
| (8) |
A security guard who has arrested a person under this regulation, shall detain such person in custody and shall without delay hand such person over to a control security guard or the chief security officer or the South African Police. |
| (9) |
A control security guard or a chief security officer shall hand a person who has been handed in custody to him under subregulation (8), to the South African Police to be dealt with according to law. |
| (10) |
If a person is injured during the effecting of an arrest, the security guard who is involved in the arrest shall take such steps and render such assistance as may be necessary in respect of the injured person, as the circumstances may require. |
| (11) |
An injured person who is transported to a hospital or similar institution, shall be escorted by security guards until the person is handed to the South African Police. |
Older Persons Act, 2006
