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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

5. Employment, and hiring of services, of security guards

[Regulation 5 heading substituted by regulation 3 of Notice No. R. 874 of 1985]

 

(1) An owner may employ provisionally as a security guard an applicant who is not disqualified as contemplated in regulation 4, and who—
(a) is a South African citizen, or is in possession of such other citizenship or nationality qualifications as the Minister may in terms of regulation 16(1)(e) approve for the purpose of this regulation;
(b) has obtained a Standard VI school certificate or, if he has not obtained such a certificate or an equivalent certificate, conforms to the requirements, including the passing of a test, determined by the Minister;

[Regulation 5(1)(b) substituted by regulation 6(a) of of Notice No. R. 874 of 1985]

(c) is physically and mentally fit for the duties to be performed by a security guard;
(d) is proficient in the use of at least one official language of the Republic, but is sufficiently proficient in the use of the other official language in so far as the use thereof may be necessary for the efficient exercise of a power granted to an authorised security guard by these Regulations to interrogate, search or arrest any person, or the seize articles or objects.

[Regulation 5(1) amended by Regulation 6(b) of the Regulations in Government Notice R 874 in Government Gazette 9700, dated 19 April 1985]

 

(2) An owner shall take the necessary steps to enable a security guard who has been employed provisionally to undergo a training course referred to in regulation 16(1)(f) within 12 months after he has thus been employed or such longer period allowed by the Minister.

[Regulation 5(2) substituted by regulation 6(c) of Notice No. R. 874 of 1985]

 

(3) A security guard who has been employed provisionally may, subject to the provisions of these Regulations, perform service in respect of the security measures which have been taken and applied at the Key Point concerned in accordance with the provisions of his agreement with the owner.

[Regulation 5(3) substituted by regulation 6(d) of Notice No. R. 874 of 1985]

 

(4) The provisions of subregulation (3) shall not affect any power which is vested in a security guard referred to therein, subject to the provisions of the agreement concerned, by virtue of any provision of the common law or any other law, to search any person in· his capacity as a private person or in any other capacity, or to examine any article or object, to seize it, or to interrogate or arrest any person, or to protect or defend the Key Point concerned and persons present thereat or thereon.