PRIVATE INVESTIGATORS AND SECURITY GUARDS (CONTROL)ACT (CHAPTER 27:10)

 

CHAPTER 27:10

PRIVATE INVESTIGATORS AND SECURITY GUARDS (CONTROL)ACT

Acts 23/1977, 37/1977 (s. 30), 8/1988 (s. 164), 22/2001 (s. 4).

ARRANGEMENT OF SECTIONS PART I

PRELIMINARY Section

1. Short title.
3. Meaning of “private investigator”.
4. Meaning of “security guard”.
5. Appointment of Controller of Private Investigators and Security Guards.

PART II

PRIVATE INVESTIGATORS

6. Private investigators to be licensed.
7. Application for, and issue or renewal of, private investigators licences.
8. Licensed private investigators to show certain information on publications, documents and letters.
9. Licensed private investigators to open and keep trust accounts.
10. Licensed private investigators to render accounts to clients.
11. Duration and cancellation of private investigators licences.

PART III

SECURITY GUARDS

12. Security guards to be licensed.
13. Application for, and issue or renewal of, security guards licences.
14. Persons not to act as directors or partners of certain licensed security guards without approval of Controller.
15. Duration and cancellation of security guards licence.

PART IV

RESPONSIBLEEMPLOYEESOF PRIVATE INVESTIGATORS

16. Responsible employees of private investigators to hold certificates of approval.
17. Application for, and issue or renewal of, certificates of approval.
18. Temporary permission to engage responsible employees.
19. Changes of employment by holders of certificates of approval to be notified.
20. Duration and cancellation or suspension of certificates of approval.

PART V

GENERAL

21. Statements by Controller.
22. Appeals from decisions of Controller.
23. Duties of holders of licences and others.
24. Restrictions on activities of holders of licences and certificates of approval.
25. Holders of licences and others to report certain offences to police.
27. Criminal responsibility of holders of licences for certain offences by agents or employees.
28. Licences and certificates of approval not to confer powers on holders thereof.
29. [Repealed].

SCHEDULE

Matters in respect of which Minister may make regulations.

AN ACT to provide for the appointment of a Controller of Private Investigators and Security Guards; for the licensing and certain duties of private investigators and security guards; for the approval and certain duties of, and temporary permission to engage, certain employees of private investigators; and for matters connected therewith or incidental thereto.

[Date of commencement: 1st May, 1978.]

PART I

PRELIMINARY

1    Short title

This Act may be cited as the Private Investigators and Security Guards (Control) Act [Chapter 27:10].

                       2    Interpretation

(1) In this Act—

“assessor” means a person employed by an insurer or insured to determine any loss under a policy of insurance;

“auditor” means a person who is registered as a public auditor in terms of the Public Accountants and Auditors Act [Chapter 27:12];

“bank” means a person who is registered as a commercial bank or accepting house in terms of the Banking Act [Chapter 24:01];

“certificate of approval” means a certificate of approval issued or renewed in terms of subsection (2) of sectionseventeen;

“claims adjuster” means a person who investigates— (a)          claims for personal injury or property damage; or

(b)         complaints of unsatisfactory service, damaged or defective merchandise received or improper

billing;

“Controller” means the Controller of Private Investigators and Security Guards appointed in terms of section

five;

“company” means a company registered in terms of the Companies Act [Chapter 24:03];

“credit bureau” means any person who, for a fee, levy or subscription, supplies—

• in the case of a person who is a body of persons, to any member of such body or to any subscriber to the service provided by such body; or
• in the case of a person who is not a body of persons, to any subscriber to the service provided by such person;

but to no other person, information relating to the financial position of any person;

“debt-collecting agency” means any person who for reward recovers or attempts to recover for another person any money owing to the other person by a third person;

“designated association” means an association of private investigators or security guards designated in terms of subsection (2);

“identity card” means an identity card referred to in subsection (4) of section twenty-three;

“insurer” means a person registered as an insurer in terms of the Insurance Act [Chapter 24:07];

“licence” means a private investigators licence or a security guards licence;