Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001)Chapter 4 : Proper Conduct and Appeal28. Code of conduct |
| (1) | The Minister must, after consultation with the Council, prescribe a code of conduct for security service providers which contains sufficient procedures and rules of evidence for its enforcement. |
| (2) | The code of conduct is legally binding on all security service providers, irrespective of whether they are registered with the Authority or not and, to the extent provided for in this Act, on every person using his or her own employees to protect or safeguard merely his or her own property or other interests, or persons or property on his or her premises or under his or her control. |
| (3) | The code of conduct must contain rules— |
| (a) | that security service providers must obey in order to promote, achieve and maintain— |
| (i) | a trustworthy and professional private security industry which acts in terms of the law applicable to the members of the industry; |
| (ii) | compliance by security service providers with a set of minimum standards of conduct which is necessary to realise the objects of the Authority; and |
| (iii) | compliance by security service providers with their obligations towards the State, the Authority, consumers of security services, the public and the private security industry in general; and |
| (b) | to ensure the payment of minimum wages and compliance with standards aimed at preventing exploitation or abuse of employees in the private security industry, including employees used to protect or safeguard merely the employer's own property or other interests, or persons or property on the premises of, or under the control of the employer. |
| (4) | The code of conduct must be drawn up with due regard to— |
| (a) | the objects of the Authority; and |
| (b) | the different categories or classes of security service providers, different types of security services and any other factor meriting differentiation not amounting to unfair discrimination. |
| (5) | The code of conduct may provide for different penalties in respect of different categories or classes of security service providers or other persons who employ a security officer. |
| (6) |
| (a) | The code of conduct drawn up in terms of subsection (1) must first be published by the Minister in the Gazette with a notice indicating that the Minister intends to issue such a code and inviting interested persons to submit to the Minister within a stated period, but not less than four weeks from the date of publication of the notice, any objections to or representations concerning the proposed code of conduct: Provided that, if the Minister after the expiry of that period decides on any alterations of the proposed code as a result of any objections or representations, it is not necessary to publish such alterations for further comment. |
| (b) | The provisions of paragraph (a) apply with regard to any amendment of the code of conduct. |
| (7) |
| (a) | A code of conduct comes into operation on a date determined by the Minister in the Gazette. |
| (b) | The Minister may for the purposes of paragraph (a) determine different dates in respect of different categories or classes of security service providers. |