Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001)RegulationsImproper Conduct Enquiries Regulations, 200315. Imposition of penalties, payment and collection of fines and other amounts |
| (1) | After the conviction of a respondent of improper conduct in terms of any provision of these regulations, no penalty contemplated in the Code of Conduct may be imposed on the respondent, subject to regulation 9, before the respondent has been granted a fair opportunity to submit oral or written representations in connection therewith. |
| (2) |
| (a) | Where a fine has been imposed on a respondent and, where necessary, has been confirmed in terms of regulation 18, the fine is, subject to paragraph (b), due and payable to the Authority on demand, irrespective of the fact that the respondent has lodged an appeal as contemplated in section 30(1)(c) of the Act against the conviction or the fine in question. |
| (b) | A respondent who has lodged an appeal is entitled to furnish an acceptable bank guarantee in respect of the payment of the fine pending the decision on the appeal. |
| (3) | Where an appeal by a respondent contemplated in subregulation (2) who has paid a fine to the Authority is successful or partially successful, the Authority must refund the fine or part thereof, as the case may be, on demand by the respondent with interest for the relevant period calculated in accordance with the rate determined in terms of the Prescribed Rate of Interest Act, 1975 (Act No. 55 of 1975). |
| (4) | The provisions of subregulations (2) and (3) apply, with the necessary changes, to any cost order made by the presiding officer in favour of the Authority. |
| (5) | In any legal proceedings instituted by the Authority to recover any fine or other amount due to the Authority in terms of these regulations, a certificate purporting to have been signed by the head of finance and administration, whose appointment and authority need not be proved, will on mere submission to the court constitute sufficient proof against the debtor mentioned in the certificate for the purposes of provisional sentence or summary judgment, and constitute prima facie proof against the debtor mentioned in the certificate for any other purposes, as the case may be, of the existence and amount of the debt, that it is liquidated and that it has not been paid to the Authority. |