National Ports Act, 2005 (Act No. 12 of 2005)

Rules

Ports Rules

Chapter 7 : Security and Access

140. Security officers operating in the port

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(1) Security officers operating within a port must have been trained in accordance with the provisions of the ISPS Code and must be conversant with the provisions of the following documents —
(a) the ISPS Code;
(b) the Merchant Shipping (Maritime Security) Regulations, 2004; and
(c) any other relevant security legislation.

 

(2) The Port Security Officer ox his or her appointee may stop and interview any security officer operating within a port in order to establish whether the security officer —
(a) has been trained in accordance with the provisions of the ISPS Code; and
(b) is conversant with the documents referred to in sub-rule (1) and the standard operating procedures associated with his or her work.

 

(3) In carrying out the functions contemplated is sub-rule (2), the Port Security Officer or his or her appointee must record in the Authority's Occurrence Book —
(a) the name of the person interviewed;
(b) the date when the interview took place;
(c)the port facility or the contracted private security firm to which the security personnel belongs; and
(d) his or her findings.

 

(4) The Port Security Officer or his or her appointee must discuss his or her findings with the port facility operator or the contracted security firm as soon as possible after the interview.

 

(5) If, in the opinion of the Port Security Officer, it is apparent that the person interviewed is not conversant with the provisions of any or some of the documents referred to in sub-rule (1), the Port Security Officer must —
(a) bring this to the attention of the port facility operator or the contracted private security company to whom that security officer is associated; and
(b) give written notice that the deficiency be corrected within a period of one month.

 

(6) If the matter is not remedied within the period specified in the notice, the Authority may —
(a) in the case of a port facility operator, report the matter to the Minister of Transport or the Director General of the Department of Transport, as may be required by relevant legislation, for appropriate action; and
(b) in the case of a contracted private security firm, terminate the authorisation to provide that service.