- NO. 64 OF 1996: SECURITY
OFFICERS AMENDMENT ACT, 1996.
-
- PRESIDENT'S OFFICE No.
1810.
-
8 November 1996
-
- NO. 64 OF 1996: SECURITY
OFFICERS AMENDMENT ACT, 1996.
-
- It is hereby notified that
the President has assented to the following Act which is hereby
published for general information:-
-
- GENERAL EXPLANATORY NOTE:
-
- Words in bold type
indicate omissions from existing enactments. Words in italics
indicate insertions in existing enactments.
-
ACT
-
- To amend the Security
Officers Act, 1987, in order to delete a certain definition, to
bring another definition up to date and
to insert two definitions;
to provide for the extension of the said Act to the whole of the
national territory of the Republic;
to confer upon the Minister
certain powers with regard to the commencement of the application of
a certain prohibition in respect
of certain persons rendering
security services in any part of the Republic to which the said Act
is so extended; and to provide
for matters connected therewith.
-
- (English text signed
by the President.) (Assented to 30 October 1996.)
-
BE IT ENACTED by the
Parliament of the Republic of South Africa, as follows:-
-
- Amendment of section 1 of
Act 92 of 1987, as amended by section 1 of Act 119 of
-
1992
-
- 1. Section 1 of the
Security Officers Act, 1987 (hereinafter referred to as the
principal Act), is hereby amended-
-
(a) by the deletion in
subsection (1) of the definition of "Commissioner"; (b) by
the substitution in subsection (1)
for the definition of "Minister"
-
of the following definition:
-
- " 'Minister' means
the Minister for Law and Order Safety and
-
Security;";
-
- (c) by the insertion in
subsection (1) after the definition of "Minister" of
-
the following definition:
-
- "'National
Commissioner' means the National Commissioner of the Service,
mentioned in section 6(1) of the South African
Police Service Act,
1995 (Act No. 68 of 1995);"; and
-
- (d) by the insertion in
subsection (1) after the definition of "security service"
of the following definition:
-
"'Service' means the
South African Police Service, established by section 5 of the South
African Police Service Act, 1995;";
-
- Amendment of section 21 of
Act 92 of 1987
-
- 2. Section 21 of the
principal Act is hereby amended by the substitution in subsection
(2) for the word "Commissioner",
wherever it occurs, of
the expression "National Commissioner".
-
- Amendment of section
30 of Act 92 of 1987
-
- for
-
- 3. Section 30 of the
principal Act is hereby amended by the substitution
- subsection (2) of the
following subsection:
-
- "(2) No person
shall be appointed under subsection (1) unless he or she is
registered in terms of the Public Accountants'
and Auditors' Act,
1951 (Act No. 51 of 1951) 1991 (Act No. 80 of
-
1991), as an accountant and
auditor and is engaged in public practice.".
-
- Substitution of section
33 of Act 92 of 1987, as amended by section 17 of Act
-
119 of 1992
-
- 4. The following section
is hereby substituted for section 33 of the principal Act:
-
- "Power of Service
to furnish information relating to previous convictions of
applicants
-
- 33.(4) A police officer
member of the Service may at
-
the request of the Board
furnish the Board with information regarding any previous
conviction of a person applying under section
11 for registration
as a security officer or, if such person is a company or a close
corporation, of a director of such company
or a member of such
close corporation.".
-
- Amendment of section 36
of Act 92 of 1987, as amended by section 19 of Act 119 of 1992
-
- for
-
- 5. Section 36 of the
principal Act is hereby amended by the substitution
- subsection (1) of the
following subsection:
-
- "(1) The Minister
may upon such conditions as he or she deems fit delegate any of
the powers conferred upon him or her
by this Act, save a power
mentioned in section 1(2), 4, 5, 6, 10(5)(b), 32 and or 34(b) to
the National Commissioner or a
-
commissioned officer of the
South African Police any commissioned officer of the Service
designated by the National Commissioner.".
-
- Insertion of section 36A
in Act 92 of 1987
-
- 6. The following section
is hereby inserted in the principal Act, after section 36:
-
- Republic
-
- "Extension of Act to
certain parts of national territory of
- 36A. (1) This Act,
including the regulations, shall with effect from the date of
commencement of the Security Officers Amendment Act,
-
1996, apply also in those
parts of the Republic which constituted the national territories
of the former entities known as Transkei,
- shall
-
- Bophuthatswana, Venda and
Ciskei, and this Act and the regulations
-
- from such commencement
replace any law relating to the occupation of security officer, and
any provision of any other law dealing
with any matter dealt with
by this Act, in so far as such lastmentioned
- provision
-
is inconsistent with
this Act.
- Republic respect
-
- (2) The Minister may by
notice in the Gazette determine that the provisions of paragraphs
(a) and (b) of subsection (1) of section
10 shall with effect from
a date specified in that notice apply in respect of a person who
renders any security service in
any part of the
-
- to which this Act is
extended in terms of subsection (1), and in
-
- of any employee of such a
person in so far as the rendering of such a service in any such
part is concerned.
-
- (3) The provisions of
subsections (2), (3) and (4) of section 10 shall apply in respect
of any notice issued by the Minister
in terms of subsection (2),
and in respect of any contract inconsistent with any provision as
applied in terms of subsection
(2).".
- Repeal of Act 25 of 1992
(Bophuthatswana)
-
- 7. The Security Guards
Act, 1992 (Act No. 25 of 1992), of the former entity
-
known as Bophuthatswana, is
hereby repealed.$ Short title and commencement
8. This Act shall be called
the Security Officers Amendment Act, 1996, and shall come into
operation on a date fixed by the President by proclamation in the
Gazette.
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