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

Chapter 3 : Registration as Security Service Provider

26. Suspension, withdrawal and lapsing of registration

 

(1) If there is a prima facie case of improper conduct in terms of this Act, or of the commission of an offence referred to in the Schedule, against a security service provider, the Authority may suspend the registration of the security service provider—
(a) pending the conclusion of an investigation or enquiry by the Authority into the alleged improper conduct; or
(b) pending the conclusion of the criminal investigation by the State into the offence in respect of that security service provider, or a determination by the prosecuting authority or the finalisation of criminal proceedings in regard to the offence.

 

(2) The Authority may suspend the registration of a security business if any of the grounds contemplated in subsection (1) pertain to a natural person referred to in section 20(2).

 

(3) The effect of a suspension of registration is that the security service provider whose registration is suspended may not render any security service, unless the prior written permission of the Authority has been obtained, but during the period of such suspension the security service provider is still bound by all the obligations of a registered security service provider provided for in this Act and in the Levies Act.

 

(4) The Authority may, subject to section 5(3), withdraw the registration of a security service provider by written notice served on the security service provider if—
(a) the security service provider has furnished to the Authority information in or in connection with the application for registration which is false;
(b) there was some material irregularity in the registration of the security service provider concerned;
(c) the registration was granted in error or on the basis of incorrect information furnished by any person, including any department or organ of State, to the Authority;
(d) at any time after registration, the security service provider—
(i) is found guilty of an offence specified in the Schedule;
(ii) is found guilty of improper conduct in terms of this Act;
(iii) is no longer a fit and proper person to render a security service; or
(iv) does not comply with one or more of the requirements for registration referred to in section 23(1)(a), (b), (g), (i) and (j), or in section 23(2);
(e) in the case of a security business, the registration of a person referred to in section 20(2) is withdrawn in terms of paragraphs (a), (b), (c) or (d); or
(f) in the case of a security business, any of the persons referred to in section 20(2) is for any other reason not registered as a security service provider.

 

(5) The registration of a security service provider lapses if it is not renewed as contemplated in section 22.

 

(6) Whenever the registration of a security service provider is suspended or withdrawn in terms of this Act or the Levies Act, or if it lapses, the security service provider must forthwith return to the Authority the certificate of identification or the certificate of registration, as the case may be, issued in terms of section 25.

 

(7) The Authority may on application by a security service provider suspend or withdraw the registration of that security service provider in such circumstances and on such conditions as may be prescribed.

 

(8) The Authority may uplift the suspension of the registration of a security service provider if there is reason to do so.