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

1. Definitions

Purchase

(1)	In these Regulations "the Act" means the National Key Points Act, 1980 (Act 102 of 1980), any word or expression to which a meaning has been assigned in the Act, has the meaning so assigned thereto, and, unless the context otherwise indicates—

"authorised security guard"

means a security guard permanently employed in accordance with regulation 7(1) and to whom an identity document referred to in the said regulation has been issued;

[Definition substituted by regulation 2(b) of Notice No. R. 874 of 1985]

"certificate of competency"

means a certificate contemplated in regulation 6(1) or (4);

"chief security officer"

means a person appointed as a chief security officer in terms of regulation 9(1)(a) or 9(3), or a person designated in such capacity in terms of regulation 9(2);

"control security guard"

means an authorised security guard appointed in terms of regulation 9(1)(b) as a control security guard, or any person designated as such a security guard in terms of regulation 9(2);

"owner"

[Definition deleted by regulation 2(a) of Notice No. R. 874 of 1985]

"protecting authority"

means a divisional commissioner of the South African Police or the South African Railway Police Force, or an officer commanding of a military army, air force or naval command, appointed and exercising powers by virtue of the provisions of the Police Act, 1958 (Act 7 of 1958), the South African Transport Services Act, 1981 (Act 65 of 1981), and the Defence Act, 1957 (Act 44 of 1957), respectively, who has been designated in accordance with regulation 16(1)(a);

"protecting force"

means the South African Police or the South African Railway Police Force or the South African Defence Force acting by virtue of the provisions of the Police Act, 1958 (Act 7 of 1958), the South African Transport Services Act, 1981 (Act 65 of 1981), and the Defence Act, 1957 (Act 44 of 1957), respectively;

"security guard"

means a security guard employed by an owner in terms of regulation 2 or whose services have thus been hired;

[Definition substituted by regulation 2(c) of Notice No. R. 874 of 1985]

"security guard contractor"

means an organisation that hires out the services of security guards;

[Definition inserted by regulation 2(d) of Notice No. R. 874 of 1985]

"security limit"

means, with reference to a Key Point, a security limit fixed by the owner concerned, or by the Minister in terms of regulation 16(1)(h), and indicated as prescribed by regulation 16(3).

(2)	For the purposes of these Regulations—

(a)	"act prejudicially affecting the security of a Key Point" shall include any act committed by any person —

(i)	which arises out of or relates to terrorist activities, sabotage, espionage or subversion at, or in respect of, a Key Point and which is an offence in terms of any law; or

(ii)

which otherwise, whether it is an offence in terms of any law, or is committed culpably, or not, causes the loss, damage, disruption or immobilisation of a Key Point or the death of or injuries to persons at or in the vicinity of the Key Point and thereby prejudicially affects the security of the Key Point, or which is likely to bring about any such effect; and

(b)

"occurrence prejudicially affecting the security of a Key Point" shall include any occurrence, whether any human activity is directly involved therein or not, which occurs at or in respect of a Key Point prejudicially affecting the security of such Key Point and not arising out of any incident or any act prejudicially affecting the security of such Key Point.