Intellectual Property Rights from Publicly Financed Research and
R 385
`Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001)RegulationsCode of Conduct for Security Service Providers, 2003Chapter 2 : General Obligations of Security Service Providers and Minimum Standards of Conduct8. General obligations towards the public and the private security industry |
| (1) | A security service provider must at all times act in a manner which— |
| (a) | does not threaten or harm the public or national interest; |
| (b) | promotes the stability of the private security industry; |
| (c) | promotes good discipline in the private security industry; |
| (d) | maintains and promotes the status of the occupation of security service provider; and |
| (e) | promotes efficiency in and responsibility with regard to the rendering of security services. |
| (2) | A security service provider may not infringe any right of a person as provided for in the Bill of Rights and, without derogating from the generality of the foregoing— |
| (a) | may not unfairly discriminate directly or indirectly against any person or unfairly deny any person equal service, employment or employment benefits on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth; and |
| (b) | may not break open or enter premises, conduct a search, seize property, arrest, detain, restrain, interrogate, delay, threaten, injure or cause the death of any person, demand information or documentation from any person, or infringe the privacy of the communications of any person, unless such conduct is reasonably necessary in the circumstances and is permitted in terms of law. |
| (3) | Every security service provider must endeavour to prevent crime, effectively protect persons and property and refrain from conducting himself or herself in a manner which will or may in any manner whatsoever further or encourage the commission of an offence or which may unlawfully endanger the safety or security of any person or property. |
| (4) | A security service provider may only use force when the use of force as well as the nature and extent thereof is reasonably necessary in the circumstances and is permitted in terms of law. |
| (5) | A security service provider may not hold himself or herself or any other security service provider out to any person as having any authority, power, status, capacity, level of training, accreditation, registration, qualification or experience which he or she or the other security service provider does not have. |
| (6) | A security service provider may only possess or carry a firearm, ammunition or a weapon, or possess or use any equipment, if such conduct is lawful. |
| (7) | A security service provider may only use a firearm in circumstances and in a manner permitted by law. |
| (8) | A security service provider may not act in any manner that threatens or poses an unreasonable risk to the public order or safety. |
| (9) | A security service provider must, when performing functions in a public place, do so with due regard to the safety, security and other rights of the members of the public who are present in such a place. |
| (10) | A security service provider may not through the medium of any other person or body, or by using such person or body as a front or nominee, do or attempt to do or achieve anything, which would not be permissible for him or her to do or to achieve, and no security service provider may allow himself or herself to be used as a front or nominee for such a purpose. |
| (11) | A security service provider must in practising this occupation, rendering a security service or carrying on business in the rendering of a security service, or when he or she is undergoing security training or assessment of security training, knowledge or skill, always act in an honest and trustworthy manner. |
| (12) | A security service provider rendering a security service— |
| (a) | must treat members of the public with whom he or she comes into contact with the respect and courtesy that is reasonable in the circumstances; |
| (b) | may not incite, encourage or help any person to use force unlawfully or commit any unlawful act; and |
| (c) | may not use abusive language or language which may be reasonably construed as the advocacy of hatred or contempt that is based on race, colour, ethnicity, sex, religion, language or belief. |
| (13) | A security service provider may not use or be under the influence of alcohol or a narcotic drug while rendering a security service. |
| (14) | Without derogating from any provision in this regulation, a security service provider may not intentionally commit a delict against any person while rendering a security service. |
| (15) | A security service provider may not unjustly cast reflection upon the honesty, professional reputation, skill, knowledge, quality of service, background or qualifications of any other security service provider, and, without derogating from the generality of the foregoing, may not intentionally or negligently disseminate false information concerning another security service provider or lay a false charge or make a false complaint against or concerning another security service provider. |
| (16) | A security service provider may not— |
| (a) | in any unlawful manner infringe the goodwill of another security service provider, and, without derogating from the generality of the foregoing, may not make false statements regarding a security service provider, instigate a boycott against a security service provider, or unlawfully exercise physical or psychological pressure on clients, employees or suppliers of a security service provider; |
| (b) | engage in an act of unlawful competition in competing with another security service provider, and, without derogating from the generality of the foregoing, may not mislead the public, copy the distinguishing signs or misappropriate the performance of another security service provider, exploit the reputation of another security service provider, unduly influence the public with regard to his or her own services, bribe an employee or agent of a client or potential client of another security service provider, obtain or use the trade secrets or confidential business information of another security service provider or compete with another security service provider in breach of a statutory or contractual obligation; |
| (c) | interfere with, hinder or obstruct another security service provider or his or her personnel in the rendering of a security service or the administration of his or her business affairs; or |
| (d) | interfere with or tamper with the equipment, firearms, ammunition, or weapons used by another security service provider in the rendering of a security service, or intercept or interfere with the communications of another security service provider. |
