DEPARTMENT'S PROPOSALS

DEPARTMENT'S PROPOSALS

NEW ALTERNATIVE 1
"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, with the use of a specialised device other than the device normally used as a key to that locking mechanism

NEW ALTERNATIVE 2
"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 used to reproduce or duplicate keys or other similar objects.

'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 courage 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 he or she conducts any investigation which falls within the exclusive function of the State.

'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 to open, close or engage locking mechanisms by means other than those normally used: or
(f) a specialised device to reproduce or duplicate keys or other objects used to unlock, close or engage locking mechanisms[1
designed, manufactured or used for the protection or safeguarding of persons property or any other right recognised by law]

Delegation of powers and assignment of duties by Council

15. (1)(a) The Council may, subject to subsection (5)~ assign any of its functions or duties and delegate any of its powers, except the power to make rules,
to its chairperson[, a committee of councillors, the director or a deputy director appointed in terms of this Act] or to any committee appointed in terms of section 13.
(b) The chairperson may, subject to subsequent ratification by the Council, exercise any power of the Council or fulfill any of its duties, if it is necessary to do so between Council meetings.
(2) The Council is neither divested of any power nor relieved of any duty it may have delegated or assigned.
(3). Any delegation or assignment-
(a) may be made subject to any conditions determined by the Council;
(b) may be given together with the power to sub-delegate or further assign, subject to such conditions as may be determined;
(c) must be communicated to the delegatee or assignee in a written notice which contains sufficient particulars of the matters being delegated or assigned and of the conditions attached thereto.
(4) The Council may at any time amend or revoke a delegation or assignment in terms of subsection (1), or withdraw any decision made by the delegatee or assignee with regard to a delegated or assigned matter and decide the matter itself, unless the decision by the delegatee has conferred a right on a third party.

(5) The Minister may in a notice addressed to the Council prohibit, or impose conditions regarding the delegation of any power of the Council; or the assignment of any duty of the Council.

Obligation to register and exemptions
20. (1) (a) No person, except a Security Service contemplated in
section 199 of the Republic of South Africa Constitution Act, 1996 (Act No.108 of 1996), [the Department of Correctional Services and the Directorate of Special Operations,] may in any manner render a security service for remuneration, reward, a fee or benefit, unless such a person is registered as a security service provider in terms of this Act.
(b) A Security Service contemplated in section 199 of the Republic of South Africa Constitution Act, 1996, [the Department of Correctional Services and the Directorate of Special Operations,] may use persons employed by them and who are not registered as security service providers, to render a security service[ for which remuneration, reward, a fee or benefit accrues to the State].
(2) A security business may only be registered as a security service provider -
(a) if all the persons performing executive[, controlling] or managing functions in respect of such security business are registered as security service providers; and
(b) in the case of a security business which is a company, close corporation, partnership, business trust or foundation, if the majority of the directors [every director] of the company, every member of the close corporation, every partner of the partnership, every trustee of the business trust, and every administrator of the foundation, as the case may be, [is] are registered as [a] security service providers.

[(3) (a) Any category or class of security service providers which was not obliged to be registered as security officers in terms of the Security Officers Act, 1987 (Act No.92 of 1987) immediately before the commencement of this Act, need not be registered as contemplated in this section 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.
(4) Any contract, whether concluded before or after the commencement of this Act, which is inconsistent with a provision contained in subsections (1), (2) or (3), is invalid to the extent to which it is so inconsistent.
(5) The invalidity of a contract as contemplated in subsection (4), does not affect the applicability of any provision of this Act.]
(6) The Minister may, after consultation with the Authority, by notice in the Gazette exempt any security service provider or security service provider belonging to a category or class specified in the notice, either generally or subject to such conditions as may be specified in the notice, from the operation of any provision of this Act.
(7) The Minister may issue an exemption contemplated in subsection (6) to encourage foreign investment, or in view of any other practical consideration, if he or she is satisfied that it does not prejudice the achievement of the objects of this Act.

Invalidity of contractual provisions inconsistent with this Act

20A. (1) Any contract, whether concluded before or after the commencement of this Act, which is inconsistent with a provision contained in section 20(1). (2) or 43(6). is invalid to the extent to which it is so inconsistent.
(2)The invalidity of a contract as contemplated in subsection (1). does not affect the applicability of any provision of this Act.

Application for registration [and renewal of registration]

21. (1) An application for registration as a security service provider must
be made to the Authority in the prescribed manner and must be accompanied by-

a clear and complete set of fingerprints taken in the prescribed manner
(i) of the applicant, if the applicant is a natural person;
(ii) if the applicant is a security business, of every natural person
performing executive(; controlling] or managing functions in respect of such security business;
(iii) of each director who is obliged to register as a security service provider, if the applicant is a company;
(iv) of each member, if the applicant is a close corporation;
(v) of each partner, if the applicant is a partnership;
(vi) of each trustee, if the applicant is a business trust; and

(vii) of each administrator or person in control, if the applicant is a foundation.
(b) the application fee as determined by the Authority; and
(c) any other document or certificate referred in terms of this Act or determined by the Authority for submission with an application for registration.
(2) Any person applying in terms of subsection (1) for registration as a security service provider, must furnish such additional particulars in connection with the application as the Authority may determine.
1st alternative (3) If the Authority is of the opinion that the provisions of this Act have been complied with in respect of an application referred to in subsection (1), it may grant such application and register the applicant as a security service provider.
2nd alternative - delete subsection 3
3^rd alternative' - delete subsection 3 and replace with new section 22A

[(4) The Authority may prescribe procedures and principles in respect of periodic applications for the renewal of registration by registered security service providers and the conditions and requirements for the granting of such applications.]

Renewal of registration

21A. The Authority may prescribe procedures and principles in respect of periodic applications for the renewal of registration by registered security service providers and the conditions and requirements for the granting of such applications.

Obligation to grant applications for registration

22A. If the Authority is of the opinion that the provisions of this Act have been complied with and that the applicant qualifies in terms of the provisions of this Act to be registered as a security service provider, it must grant such application and register the applicant as a security service provider, unless it is specifically authorised by another provision of this Act to refuse the application.

Amendment and repeal of laws

42. The Security Officers Act, 1987 (Act No.92 of 1987), is hereby repealed, with the exception of the provisions providing for the imposition of levies an the funding of the Security Officers' Interim Board.

Transitional provisions
43.(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 had not been finalised 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 Security Officers Act, 1987 (Act No.92 of 1987) immediately before the commencement of this Act, need not be registered as contemplated in this section until such date as may be prescribed [by Regulation]
(b) the Minister may prescribe different dates in respect of different categories or clauses of security service providers and Regulations prescribing those dates must be published at least 180 days before any such date specified therein.
(7) The provisions of the repealed legislation providing for the imposition of levies and the funding of the Board, will remain in force until repealed by an Act of Parliament.