ARRANGEMENT OF SECTIONS
1. Short title
3. Appointment of Controller
4. Licence to engage in security guard service
5. Application for licence to be issued or renewed
6. Restriction on licence holder providing security guards
7. Application for Controller's permission
8. Determination of application lodged with Controller
9. Expiry of licence
10. Duty of licence holder to disclose certain facts to Controller
11. Suspension or cancellation of licence
12. Duty of Controller to inform applicant or licence holder of certain decisions
13. Appeal from Controller's decision
14. Penalty for false information
15. Duty of licence holder to issue identity cards to security guards employed by him
16. Confidentiality of certain information
17. Prohibition of certain acts by licence holder
18. Proof of being licence holder
19. Additional penalty for subsequent conviction
21. Minister's powers of exemption
22. Transitional provisions
Act 28, 1984
S.I. 82, 1990.
An Act to provide for the proper and effective control and regulation of concerns engaged in the business of providing security guards and for matters connected therewith.
[Date of Commencement: 14th September, 1990]
This Act may be cited as the Control of Security Guard Services Act.
In this Act-
"Commissioner of Police" means the public officer for the time being holding, acting in or lawfully performing the functions of the public office of Commissioner of Police;
"Controller" means the public officer for the time being designated in terms of section 3 as the Controller of Security Guard Services;
"licence" means a security guard service licence issued in terms of this Act;
"prescribed" means prescribed by regulations;
"regulations" means regulations made by the Minister under section 20;
"security guard" means a person who acts as a guard or watchman.
The Minister shall designate a public officer as the Controller of Security Guard Services.
(1) No person shall, without holding a security guard service licence-
(a) engage in or carry on the business of providing security guards for any other person or persons; or
(b) advertise himself or hold himself out in any other manner whatsoever as a person engaged in or carrying on any such business.
(2) Any person who contravenes this section shall be guilty of an offence and liable to a fine not exceeding P2000 or in default of payment to imprisonment for a term not exceeding one year and shall, in the case of a continuing offence, be liable to an additional fine not exceeding P500 for every day the offence continues after the first day.
(1) Every application for a licence to be issued or renewed shall be in writing, in such form as the Controller may from time to time require, and shall be lodged with the Controller together with-
(a) a statutory declaration made by the applicant or, where the applicant is a partnership or a company registered in accordance with the Companies Act, by each partner or director thereof, as the case may be, disclosing whether he has or has not any convictions within or outside Botswana and whether criminal proceedings are or are not pending against him within or outside Botswana and, if he has such convictions or such proceedings are pending against him, the particulars thereof;
(b) any further written information required for the purposes of this subsection by regulations;
(c) the prescribed fee; and
(d) in the case of an application for a licence to be renewed, the licence.
(2) Every statutory declaration required by subsection (1) shall be made not earlier than 14 days immediately before the day on which it is lodged with the Controller together with the material application.
(3) Every application for a licence to be renewed shall be lodged with the Controller not earlier th
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