Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001)

Chapter 1 1. Definitions

Purchase

(1)	In this Act, unless the context indicates otherwise—

"Authority"

means the Private Security Industry Regulatory Authority established by section 2(1);

"business trust"

means a trust created for the purpose of making a profit through the combination of capital contributed by the beneficiaries of the trust and through the administration or management of the capital by trustees or a person acting on behalf of the trustees, for the benefit of the beneficiaries;

"chairperson"

means the chairperson of the Council;

"close corporation"

means a close corporation within the meaning of the Close Corporations Act, 1984 (Act No. 69 of 1984);

"code of conduct"

means the code of conduct contemplated in section 28;

"committee"

means a committee appointed in terms of section 13;

"company"

means a company within the meaning of the Companies Act, 1973 (Act No. 61 of 1973);

"Council"

means the Council established by section 6;

"councillor"

means a member of the Council as contemplated in section 6;

"director"

means the director of the Authority appointed in terms of section 14(1);

"employ"

with regard to a security officer, includes the employment, controlling or making available of the security officer or his or her services or assistance, as contemplated in the definition of "security officer";

"inspector"

means a person appointed as an inspector in terms of section 31;

"Levies Act"

means the Private Security Industry Levies Act;

"locksmith"

means a person who, for the benefit of another person, engages in any activity or business which is related to the opening, closing or engaging of locking mechanisms of any nature, by means of a specialised device;

"Minister"

means the Minister for Safety and Security;

"National Commissioner"

means the National Commissioner contemplated in section 6(1) of the South African Police Service Act, 1995 (Act No. 68 of 1995);

"organ of State"

means an organ of State as defined in section 239 of the Constitution (Act No. 108 of 1996), but does not include the Security Services referred to in section 199 of the Constitution;

"person"

includes—

(a)	a natural person;

(b)	a partnership;

(c)	a business trust;

(d)	a foundation;

(e)	any company or close corporation incorporated or registered in terms of any law; and

(f)	any other body of persons corporate or unincorporate;

"premises"

means any site, place or location regardless of whether it is or forms part of any temporary or permanent structure, building, vessel, vehicle or aircraft;

"prescribe"

means prescribe by regulation;

"private investigator"

means a person who, in a private capacity and for the benefit of another person, investigates the identity, actions, character, background or property of another person, without the consent of such a person, but does not include—

(a)	auditors, accountants, attorneys, advocates or forensic scientists conducting investigations which fall within the normal and reasonable course and scope of their professional functions;

(b)	internal investigators conducting normal and reasonable investigations into employee misconduct;

(c)	internal investigators conducting investigations which a business, other than an investigating business, may undertake in the course and scope of its normal and reasonable endeavours to safeguard its security, strategic, operational or business interests:

Provided that no person is excluded from the definition of a private investigator if lie or she conducts any investigation which falls within the exclusive function of the State;

"private security industry"

means the industry conducted by security service providers;

"property"

means any movable, immovable or intellectual property, or any right to such property;

"register"

with regard to a security service provider, means entering the name of a security service provider in the register contemplated in section 24;

"regulation"

means a regulation made in terms of section 35;

"security business"

means, subject to subsection (2), any person who renders a security service to another for remuneration, reward, fee or benefit, except a person acting only as a security officer;

"security equipment"

means—

(a)	an alarm system;

(b)	a safe, vault or secured container;

(c)	a satellite tracking device, closed circuit television or other electronic monitoring device or surveillance equipment;

(d)	a device used for intrusion detection, access control, bomb detection, fire detection, metal detection, x-ray inspection or for securing telephone communications;

(e)	a specialised device used to open, close or engage locking mechanisms; or

(f)	a specialised device used to reproduce or duplicate keys or other objects which are used to unlock, close or engage locking mechanisms;

"security officer"

means any natural person—

i)	who is employed by another person, including an organ of State, and who receives or is entitled to receive from such other person any remuneration, reward, fee or benefit, for rendering one or more security services; or

ii)	who assists in carrying on or conducting the affairs of another security service provider, and who receives or is entitled to receive from such other security service provider, any remuneration, reward, fee or benefit, as regards one or more security services;

b)	who renders a security service under the control of another security service provider and who receives or is entitled to receive from any other person any remuneration, reward, fee or benefit for such service; or

c)	who or whose services are directly or indirectly made available by another security service provider to any other person, and who receives or is entitled to receive from any other person any remuneration, reward, fee or benefit for rendering one or more security services;

"security service"

means one or more of the following services or activities:

(a)	protecting or safeguarding a person or property in any manner;

(b)	giving advice on the protection or safeguarding of a person or property, on any other type of security service as defined in this section, or on the use of security equipment;

(c)	providing a reactive or response service in connection with the safeguarding of a person or property in any manner;

(d)	providing a service aimed at ensuring order and safety on the premises used for sporting, recreational, entertainment or similar purposes;

(e)	manufacturing, importing, distributing or advertising of monitoring devices contemplated in section 1 of the Interception and Monitoring Prohibition Act, 1992 (Act No. 127 of 1992);

(f)	performing the functions of a private investigator;

(g)	providing security training or instruction to a security service provider or prospective security service provider;

(h)	installing, servicing or repairing security equipment;

(i)	monitoring signals or transmissions from electronic security equipment;

(j)	performing the functions of a locksmith;

(k)	making a person or the services of a person available, whether directly or indirectly, for the rendering of any service referred to in paragraphs (a) to (j) and (l), to another person;

(l)	managing, controlling or supervising the rendering of any of the services referred to in paragraphs (a) to (l);

(m)	creating the impression, in any manner, that one or more of the services in paragraphs (a) to (l) are rendered;

"security service provider"

means a person who renders a security service to another for a remuneration, reward, fee or benefit and includes such a person who is not registered as required in terms of this Act;

"security training"

means any training, instruction or qualification required in terms of any law before a person may be registered as a security service provider or allowed to render a particular security service;

"serve"

in relation to any document or notice required in terms of this Act to be served on any person, means to send such a document or notice by post to the current business, employment or residential address as reflected in the records of the Authority, or to deliver, or to offer to deliver, a copy of the document or notice personally to such person, or at such person's employment or residential address to any person who is apparently over the age of 16 years who resides or is employed at such address;

"Service"

means the South African Police Service, established by section 5 of the South African Police Service Act, 1995 (Act No. 68 of 1995);

"this Act"

includes the regulations and the code of conduct for security service providers.

(2)	The Minister may, after consultation with the Authority and as long as it does not prejudice the achievement of the objects of this Act, by notice in the Gazette, exempt any service, activity or practice or any equipment or any person or entity from any or all the provisions of this Act.