Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001)RegulationsImproper Conduct Enquiries Regulations, 200317. Suspended penalties |
| (1) | If a respondent has been found guilty at an enquiry and the presiding officer finds that the respondent has not complied with a condition for the suspension of a previous penalty as contemplated in the Code of Conduct or in the repealed regulations, the presiding officer may, after the respondent has been granted a fair opportunity to submit oral or written representations— |
| (a) | put the suspended penalty or any part of the suspended penalty into operation; or |
| (b) | further suspend the suspended penalty or any part of the suspended penalty on appropriate conditions. |
| (2) |
| (a) | If the director has reason to believe that a security service provider has not complied with a condition for the suspension of a previous penalty as contemplated in the Code of Conduct or in the repealed regulations, the director may direct a prosecutor in writing to— |
| (i) | cause a document with sufficient particulars of the alleged non-compliance with a condition for suspension of the penalty to be served on the security service provider; |
| (ii) | notify the security service provider that the director intends to apply for the suspended penalty to be put into effect; and |
| (iii) | request the security service provider to give written notice to the director within the period stated in the notice whether the security service provider intends to oppose the director's application or not and to submit, in the form of an affidavit, any evidence and representations that the security service provider wishes to submit. |
| (b) | The director may, through written notice served on the security service provider concerned, put into effect a suspended penalty or part thereof of a security service provider who has indicated to the director in terms of paragraph (a) that the security service provider does not intend to oppose the application of the director. |
| (c) | Where a security service provider has given notice to the director that the security service provider intends to oppose the application for putting into operation a suspended penalty, or from whom the director has received no reply within the relevant period, the director may— |
| (i) | refer the matter to a presiding officer to consider and rule on the director's application; and |
| (ii) | cause the security service provider to be summoned, for the purposes of considering and deciding on the director's application, under the signature of the director by means of a summons in the form determined by the director from time to time. |
| (d) | Subject to these regulations, the proceedings referred to in paragraph (c) must be conducted in terms of such procedures and rules of evidence as the presiding officer may deem to be appropriate and fair in the circumstances. |
| (e) | A request for the putting into operation of a suspended penalty contemplated in paragraph (c) may be considered in the absence of a respondent in the circumstances contemplated in regulation 9, with the necessary changes. |
| (f) | If the presiding officer, after considering all the evidence available to him or her, finds that a security service provider, on a balance of probabilities, has not complied with a condition for the suspension of a previous penalty, the presiding officer must— |
| (i) | put the suspended penalty or any part of the suspended penalty into operation; or |
| (ii) | further suspend the suspended penalty or any part of the suspended penalty on appropriate conditions. |