Critical Infrastructure Protection Act, 2019 (Act No. 8 of 2019)Chapter 2 : Critical Infrastructure Council and StructuresPart B : Administration of Act11. Functions of inspectors |
| (1) | An inspector may, at any reasonable time, conduct an inspection at a critical infrastructure to— |
| (a) | verify whether the person in control of that critical infrastructure took the steps to secure the critical infrastructure contemplated in section 24(1); |
| (b) | verify any information relating to the declaration as critical infrastructure as well as the physical security assessment report contemplated in section 17(4)(c)(i) or any other subsequent physical security assessment; |
| (c) | review the physical security assessment and evaluate the status of the physical security of the critical infrastructure; |
| (d) | verify compliance with this Act; and |
| (e) | compile a report on the matters referred to in paragraphs (a) to (d) for the National Commissioner and the person in control of the critical infrastructure. |
| (2) | An inspector must— |
| (a) | preserve, or aid in preserving, confidentiality with regard to all matters concerning the operational activities of the critical infrastructure that may come to his or her knowledge in the performance of his or her duties and may not communicate any such matter to any person except the National Commissioner, or unless a court of law orders such communication, or insofar as such communication is necessary to properly carry out the inspection; |
| (b) | carry out his or her duties and exercise his or her powers— |
| (i) | subject to any prescribed procedure; |
| (ii) | in accordance with any directives issued by the Minister; |
| (iii) | in a manner that does not hamper or endanger the operational activities of the critical infrastructure where an inspection is being conducted; and |
| (iv) | with strict regard to decency and order. |
| (3) | Where the person in control of a critical infrastructure fails or refuses to allow an inspector access to the critical infrastructure concerned, the inspector may issue the prescribed compliance notice in the prescribed manner to the person in control of the critical infrastructure, requiring of that person to provide the inspector with access to the critical infrastructure within seven days, for the purpose of conducting the inspection. |
| (4) | If an inspector has reasonable grounds to believe that any method or practice of safeguarding or securing the critical infrastructure in question or any failure or refusal to comply with this Act, may negatively affect the physical security measures of that critical infrastructure, the inspector may, by written notice in the prescribed form and manner, order the person in control of that critical infrastructure to take, within a period specified in the notice, such steps in respect of the security of the critical infrastructure as may be specified in the notice. |
| (5) | Despite subsection (4), the Minister may take or cause steps to be taken in respect of the security of any critical infrastructure, when credible information on oath is brought to his or her attention to the effect that— |
| (a) | the person in control of critical infrastructure fails or refuses to— |
| (i) | comply with the provisions of this Act; or |
| (ii) | take the steps contemplated in the notice referred to in subsection (4); |
| (b) | the failure or refusal contemplated in paragraph (a) creates a substantial risk that the critical infrastructure in question cannot be secured in the event of a threat; and |
| (c) | in the event of a threat, a failure to secure the critical infrastructure in question is likely to cause an imminent disruption of— |
| (i) | the functioning or stability of the economy of the Republic; |
| (ii) | the maintenance of law and order; |
| (iii) | the provision of basic public services; or |
| (iv) | national security. |
| (6) | Despite the power of the Minister to take or cause steps to be taken in respect of the security of any critical infrastructure as contemplated in subsection (5), the Minister, when exigent circumstances dictate that the provisions of subsection (3) or (4) be dispensed with, may apply to a court having jurisdiction for— |
| (a) | an order compelling the person in control of critical infrastructure— |
| (i) | to comply with any provision of this Act or to cease contravening a provision of this Act; |
| (ii) | to comply with any notice issued under subsection (3) or take any other reasonable steps necessary to secure the critical infrastructure in question; or |
| (iii) | to cease any method or practice of safeguarding or securing the critical infrastructure in question that may cause a serious breach of the physical security measures of that critical infrastructure; or |
| (b) | any other order the court considers appropriate. |
| (7) | A notice referred to in subsections (3) and (4) must be given to the person in control of the infrastructure or a person designated by the person in control of the critical infrastructure or, in their absence, the most senior employee available at the critical infrastructure to whom the notice can be issued. |
| (8) | The Minister may, by notice in the Gazette, in consultation with the head of a public entity or statutory body, either generally or subject to such conditions as may be specified in the notice, extend the powers provided for in this section to any competent person employed by a public entity contemplated in section 1 of the Public Finance Management Act, 1999 (Act No. 1 of 1999), or any other statutory body if that person is a peace officer contemplated in section 1(1) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977). |
| (9) | The notice referred to in subsection (8) must set out— |
| (a) | the extent to, and the conditions under, which such powers are extended to such person; and |
| (b) | the extent to which the directives contemplated in subsection (2)(b)(ii) are applicable to such person in the exercise of such powers. |
| (10) | An inspector, prior to exercising any power in terms of this Chapter, must identify himself or herself to the person in control or the security manager of the critical infrastructure in question and must produce the certificate issued by the National Commissioner referred to in section 10(2). |