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

Chapter 6 : General Provisions

44. Transitional provisions

 

(1) In this section—
(a) "repealed legislation" means the Security Officers Act, 1987 (Act No. 92 of 1987);
(b) "Board" means the Security Officers' Interim Board established by section 2 of the repealed legislation.

 

(2) With effect from the date of commencement of this Act—
(a) all assets, rights, obligations, duties and liabilities of the Board vest in the Authority and are deemed to have been acquired or incurred by the Authority, as the case may be, in terms of the provisions of this Act;
(b) anything done or any decision or steps taken by the Board in terms of a provision of the repealed legislation is deemed to have been done or taken by the Authority, as the case may be, in terms of the corresponding provisions of this Act;
(c) any regulation or a code of conduct made or drawn up in terms of the repealed legislation and in force immediately before the commencement of this Act, remains in force to the extent that it is compatible with this Act, until amended, abolished or replaced in terms of this Act;
(d) any reference in any law or document to the Board must be construed as a reference to the Authority;
(e) all proceedings which were pending before a court between the Board and any person or appeals pending before the Minister in terms of the repealed legislation, must continue as between the Authority and such person and must be disposed of as if this Act had not been enacted, unless the interests of justice require otherwise.

 

(3) As soon as possible after the commencement of this Act the Authority must, on application by any person, against payment of such amount as may be determined by the Authority, effect all such changes or endorsements on any document that was issued by the Board or which reflects a transaction to which the Board was a party immediately prior to such commencement, as are necessary, to give effect to this section.

 

(4) Any criminal proceedings, improper conduct proceedings or appeals against decisions of the Board instituted in terms of the repealed legislation and which has not been finalized at the commencement of this Act, must be dealt with and finalised as if such legislation had not been repealed.

 

(5) The Registrar of Deeds concerned must make entries or endorsements in or on any relevant register, title deed or other document in the Registrar's office or submitted to the Registrar, which may be necessary in order to give effect to the provisions of subsection (2)(a) and no office fee or other charge is payable in respect of any such entry or endorsement.

 

(6)
(a) Any category or class of security service providers which was not obliged to be registered as security officers in terms of the repealed legislation immediately before the commencement of this Act, will not be subject to the provisions of this Act or the Levies Act, until such date as the Minister may determine by notice in the Gazette.
(b) A notice contemplated in paragraph (a) may specify different dates in respect of different categories or classes of security service providers and must be published at least 180 days before any such date specified therein.

 

(7) All provisions of the repealed legislation relating to the deduction and payment of annual amounts, the funding of the Board and the imposition of criminal and other sanctions relating thereto, including ail relevant regulations, remain in force to provide for the funding of the Authority, until they are repealed by the implementation of the relevant provisions of the Levies Act.

 

(8) The provisions of section 20 of the repealed legislation and the regulations made in relation thereto remain in force, with the necessary changes, as if the legislation had not been repealed, until a code of conduct for security service providers and provisions providing for the enforcement thereof come into operation.