National Payment System Act, 1998 (Act No. 78 of 1998)

Notices

Directive in respect of Cybersecurity and Cyber-Resilience within the National Payment System

6. Supervision and compliance monitoring
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6.1. The SARB may at any time conduct a supervisory onsite or offsite inspection on payment institutions or operators, in a form and manner that the SARB may determine, to promote compliance with this directive.

 

6.2. Subject to subparagraph 6.4.3, the SARB must provide written notification to the payment institution or operator whose business premises will be inspected, prior to conducting the supervisory onsite inspection.
6.2.1. The supervisory onsite inspection notification will specify:
a. date(s) of the intended supervisory onsite inspection;
b. names of the SARB representatives;
c. the period under review; and
d. any other information/documentation required for inspection purposes.

 

6.3. SARB representative must produce a letter of authority and identity document upon entry at the premises of a payment institution or operator, which officials must view for verification purposes and are prohibited to produce copies thereof.

 

6.4. The SARB representatives may enter any premises:
6.4.1.without prior consent in the case of business premises operated by payment institutions or operators; or
6.4.2. with prior consent in the case of a private residence, where the business of the payment institution is reasonably believed to be conducted at the private residence, or
6.4.3. without prior consent and without prior notice to any payment institution or operator:
6.4.3.1. if the entry is authorised by a warrant in terms of paragraph 6.10;or
6.4.3.2. with the prior authority of a senior staff member of the SARB, if the senior staff member on reasonable grounds believes that:
6.4.3.2.1.a warrant will be issued if applied for, in terms of paragraph 6.10;
6.4.3.2.2.the delay in obtaining the warrant is likely to defeat the purpose for which entry of the premises is sought; and
6.4.3.2.3.it is necessary to enter the premises to conduct the inspection and search the premises.

 

6.5. While on the premises, the SARB representatives, for the purpose of conducting the inspection, have the right of access to any part of the premises and to any document or item on the premises, and may do any of the following:
6.5.1. open or cause to be opened any strongroom, safe, cabinet or other container in which the SARB representatives reasonably suspects there is a document or item that may be relevant to the inspection;
6.5.2. examine, make extracts from and copy any document on the premises;
6.5.3. question any person on the premises to find out information relevant to the inspection;
6.5.4. require a person on the premises to produce to the SARB representatives any document or item that is relevant to the inspection and is in the possession or under the control of the person;
6.5.5.require a person on the premises to operate any computer or similar system or available through the premises to: a. search any information in or available through that system; and b. produce a record of that information in any format that the SARB representatives reasonably requires;
6.5.6. if it is not practicable or appropriate to make a requirement in terms of subparagraph 6.5.5, operate any computer or similar system on or available through the premises for a purpose set out in that subparagraph; and
6.5.7. take possession of, and take from the premises, a copy of any document or item that may afford evidence of a contravention of this directive or may be relevant to the inspection.

 

6.6. The SARB representatives must give the person apparently in charge of the premises a written and signed receipt for the copies of documents or items taken as mentioned in paragraph 6.5.

 

6.7. A payment institution or operator from whose premises a document or item was taken as mentioned in paragraph 6.5, or its authorised representative, may, during normal office hours and under the supervision of the representatives of the SARB, examine, copy and make extracts from a document or item.

 

6.8. A person who is questioned, or required to produce a document or information, during a supervisory onsite inspection contemplated may object to answering the question or to producing the document or the information on the grounds that the answer, the contents of the document or the information may tend to incriminate the person.

 

6.9. On such an objection, the SARB representative conducting the supervisory onsite inspection may require the question to be answered or the document or information to be produced, in which case the person must answer the question or produce the document.

 

6.10. The judge or magistrate may issue a warrant in terms of this paragraph:
6.10.1. on written application by the SARB setting out under oath or affirmation why it is necessary to enter and inspect the premises; and
6.10.2. if it appears to the magistrate or judge from the information under oath or affirmation that: a. there are reasonable grounds for suspecting that a contravention of the directive has occurred, may be occurring or may be about to occur; b. entry and search of the premises is likely to yield information pertaining to the contravention; and c. entry and search of those premises is reasonably necessary for the purposes of the investigation.
6.10.3. A warrant issued in terms of this paragraph must be signed by the judge or magistrate issuing it.

 

6.11. SARB representatives that enter the premises under the authority of a warrant must:
6.11.1. if there is apparently no one in charge of the premises when the warrant is executed, fix a copy of the warrant on a prominent and accessible place on the premises; and
6.11.2. on reasonable demand by any person on the premises, produce the warrant or a copy of the warrant.