National Key Points Act, 1980 (Act No. 102 of 1980)

Regulations

Regulations regarding the Appointment of Guards by Owners of National Key Points and the Powers of such Guards

Annexures

Annexure B
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ANNEXURE B

 

REGULATIONS IN TERMS OF THE NATIONAL KEY POINTS ACT, 1980 (ACT 102 OF 1980)

 

(SECRET) (When completed)

 

 

 

For the month ending

 

 

...........................

 

..............................

 

........................

(Day)

(Month)

(Year)

 

 

in respect of NATIONAL KEY POINT ............................................ No.......................................

 

 

Category

 

 

Number of approved posts

 

 

Posts filled

 

 

Remarks

 

 

a

 

b

 

c

 

d

 

Security guards

[Note (a)]

 


 

Control security guards

[Note (a)]

 


 

Chief security officer(s)

[Note (b)]

 


 

 

 

Date .........................................

 

 

Signature ..........................................

 

 

Appointment

 

..........................................

 

 

Name in block letters

 

.........................................................................................

Owner

 

[Words preceding the notes to Annexure B substituted by regulation 13 of  Notice No. R. 874 of 1985]

 

Notes:

(a) Total figures are required only.
(b) Remarks in column d shall indicate the following:
(i) Names, initials and appointment(s).
(ii) Resignations, transfers and appointment(s) etc, which should be indicated, where applicable, against each name.

 

Note -   Attention is drawn, in respect of the administration of the Regulations under the National Key Points Act, 1980, to the following definitions in section 1 of that Act to respect of words and expressions appearing in the said Regulations, and to the following provisions of section 10 of that Act:

 

“1.        Definitions

 

In this Act, unless the context otherwise indicates —

 

'area' means any soil or water surface, whether with a building, installation or structure thereon or not, and includes any place;

 

'incident' means any occurrence arising not of or relating to terroristic activities, sabotage, espionage or subversion;

 

'Minister' means the Minister of Defence;

 

'National Key Point' or 'Key Point' means any place or area which has under section 2 been declared a National Key Point;

 

'owner', in relation to a place or area declared a National Key Point under section 2, includes —

(a) the person registered as the owner of the land constituting such place or area;
(b) the person who by virtue of any right acquired from a person referred to in paragraph (a), lawfully occupies such place or area;
(c) where the person referred to in paragraph (a) or (b) is deceased, a minor, insolvent, insane or otherwise legally incompetent, an executor, administrator, guardian, trustee, liquidator, curator or other person who controls the estate and assets of that person or represents him;
(d) where the State owns or occupies such place or area, the bead of the department under the control of which the place or area is;
(e) any person under whose control or management such place or area is;

 

'place' means any premises, building, installation or industrial complex;

 

'this Act' includes any regulation made thereunder.

 

10.        Offences and penalties

 

(1) Any person who at, on, in connection with or in respect of any National Key Point performs any act which, if such act would have constituted an offence in terms of the Official Secrets Act, 1956 (Act 16 of 1956), if performed or executed at, on, in connection with or in respect of any prohibited place, as defined in section 1 of that Act, shall be guilty of an offence and liable to the penalties prescribed for that act in that Act.

 

(2) Any person who—
(a) hinders, obstructs or thwarts any owner in taking any steps required or ordered in terms of this Act in relation to the efficient security of any National Key Point;
(b) hinders, obstructs or thwarts any person in doing anything required to be done in terms of this Act;
(c) furnishes in any manner whatsoever any information relating to the security measures applicable at or in respect of any National Key Point or in respect of any incident that occurred there, without being legally obliged or entitled to do so, or without the disclosure or publication of the said information being empowered by or on the authority of the Minister, or except as may be strictly necessary for the performance of his functions in regard to his employment in connection with, or his ownership of, or as may be necessary to protect, the place concerned;

shall be guilty of an offence and on conviction liable to a fine not exceeding R10 000 or to imprisonment for a period not exceeding three years or to both such fine and such imprisonment.”.