Foodstuffs, Cosmetics and Disinfectants Act, 1972
R 385
National Key Points Act, 1980 (Act No. 102 of 1980)RegulationsRegulations regarding the Appointment of Guards by Owners of National Key Points and the Powers of such Guards18. Limitations on the powers of security guards |
| (1) | The powers conferred upon a security guard by these Regulations, shall be exercised by him in respect of the Key Point where he is employed, only at or in the vicinity of the Key Point or, subject to regulation 16(3), if a security limit has been determined within such vicinity, within that limit: Provided that— |
| (a) | a security guard may complete an arrest which commenced at or in the vicinity of the Key Point or within the security limit so determined, outside the vicinity or such limit of the Key Point if it can be completed there without risk of injury to other persons or damage to property, unless a protecting force is deployed outside the Key Point and is capable of taking efficient and lawful action against the fugitive; |
| (b) | if an incident occurs outside the vicinity of the Key Point or outside the security limit thereof, or if an act or occurence prejudicially affecting the security is thus committed or occurs from outside in respect of the Key Point, a security guard may, as the circumstances may require, subject to these Regulations, take steps from that security limit or vicinity, including the application of reasonable force to and the use of fire-arms against persons, in respect of such occurence or act from outside, as may be necessary to defend or maintain the security of the Key Point and of the persons and property at the Key Point, or in order to arrest such persons, mutatis mutandis in accordance with the provisions of regulation 15(5), (6) and (7). |
| (2) | If an incident or an occurence prejudicially affecting the security of a Key Point occurs or has occurred, or if an act prejudicially affecting that security is committed or has been committed, at or in respect of such Key Point, and a protecting force is deployed in connection with such incident, occurence or act at the Key Point, security guards at that Key Point shall, subject to the provisions of the Act and these Regulations, and of any law applicable to such a protecting force, be placed under the control of the officer commanding such protecting force if such officer commanding so requests, in accordance with the provisions of the agreements between the owner concerned and the security guards (if such provisions exist). |
| (3) | The provisions of regulations 12, 13, 14 and 15 shall not affect any power which an authorised security guard has, subject to the provisions of his agreement with the owner concerned, by virtue of the provisions of the common law or of any other law, to examine in his capacity as a private person or in any other capacity, an article or object, to seize it, or to interrogate, search or arrest any person, or to protect or defend the Key Point and persons present thereat or thereon. |
[Regulation 18(3) substituted by regulation 8 of Notice No. R. 2439 of 1983]
