CHAPTER 21:07
PRIVATE SECURITY SERVICES

 

ARRANGEMENT OF SECTIONS

   SECTION

 

Part I
Preliminary

 

   1.   Short title

 

   2.   Interpretation

 

Part II
Establishment of Private Security Services Licensing Board

 

   3.   Establishment of Private Security Services Licensing Board

 

   4.   Secretary of Board

 

   5.   Functions of Board

 

   6.   Tenure of office

 

   7.   Disqualification of members

 

   8.   Removal from office

 

   9.   Vacation of office

 

   10.   Filling of vacancy

 

   11.   Remuneration and allowances

 

   12.   Proceedings of Board

 

   13.   Committees

 

   14.   Disclosure of interest

 

   15.   Confidentiality

 

Part III
Private security services licences

 

   16.   Private security services to be licensed

 

   17.   Application for licence

 

   18.   Investigations by Board

 

   19.   Issue of licence

 

   20.   Restriction on provision of security guards

 

   21.   Application for Board’s permission

 

   22.   Reservation of trades and business for citizens

 

   23.   Disclosure of criminal convictions to Board

 

   24.   Suspension or cancellation of licence

 

   25.   Appeals Committee

 

Part IV
Inspectors

 

   26.   Appointment of inspectors

 

   27.   Routine inspection of private security services

 

   28.   Obstructing inspectors

 

Part V
General provisions

 

   29.   Penalty for false information

 

   30.   Identity cards

 

   31.   Confidentiality by licensee

 

   32.   Prohibition of certain acts by licensee

 

   33.   Proof of being licensee

 

   34.   Insurance cover

 

   35.   Regulations

 

   36.   Minister’s powers of exemption

 

   37.   Repeal of Cap. 21:07

 

   38.   Saving

Act 28, 1984,
S.I. 82, 1990,
Act 11, 2015,
S.I. 106, 2016.

AN ACT to provide for the regulation of the private security services industry and for matters connected or incidental thereto.

[Date of Commencement: 1st October, 2016 – Parts I and II]

PART I
Preliminary

 

1.   Short title

   This Act may be cited as the Private Security Services Act.

 

2.   Interpretation

   In this Act, unless the context otherwise requires-

   “Board” means the Private Security Services Licensing Board established under section 3;

   “licence” means a private security service licence issued under section 19;

    “licensee” means a person issued with a licence under this Act;

   “member” means a member of the Board;

   “private security service” includes-

 

   (a)   protecting or safeguarding a person or property in any manner;

 

   (b)   giving advice on the protection or safeguarding of a person or property, or on the use of security equipment;

 

   (c)   providing a reactive or response service in connection with the safeguarding of a person or property;

 

   (d)   providing a service aimed at ensuring order and safety on the premises used for sporting, recreational, entertainment or any similar purposes;

 

   (e)   manufacturing, importing, distributing or advertising of monitoring devices or surveillance equipment;

 

   (f)   performing the functions of a private investigator;

 

   (g)   providing security training or instruction to a security service provider or prospective security service provider;

 

   (h)   installing, servicing or repairing security equipment;

 

   (i)   monitoring signals or transmissions from electronic security equipment;

 

   (j)   performing the functions of a locksmith;

 

   (k)   making a person or the services of a person available, whether directly or indirectly, for the rendering of any service referred to in the above paragraphs to another person; and

 

   (l)   managing, controlling or supervising the rendering of services referred to in paragraph (a) to (j).

   “private security service provider” means a person who renders a security service to another for a remuneration, reward, fee or benefit;

   “secretary” means a person appointed under section 4;

   “Security Association” means a body registered under the Societies Act, which shall not comprise of less than 30 security services providers registered under the Companies Act;

   “security equipment” means-

 

   (a)   an alarm system;

 

   (b)   a safe, vault or secured container;

 

   (c)   a satellite tracking device, closed circuit television or other electronic monitoring device or surveillance device;

 

   (d)   a device used for intrusion detection, access control, bomb detection, metal detection, x-ray inspection or for securing telephone communications;

 

   (e)   a specialised device used to open, close or engage locking mechanisms;

 

    (f)    a specialised device used to reproduce or duplicate keys or other objects which are used to unlock, close or engage locking mechanisms; or

 

   (g)   any other equipment as may be prescribed;

   “security guard” means any person-

 

   (a)   who is employed by another person, and who receives or is entitled to receive from such other person any remuneration, reward, fee or benefit, for rendering one or more security services;

 

   (b)   who assists in carrying on or conducting the affairs of a security service provider, and who receives or is entitled to receive from such other security service provider, any remuneration, reward, fee or benefit, in respect of one or more security services;

 

   (c)   who renders a security service under the control of security service provider and who receives or is entitled to receive from any other person any remuneration, reward, fee or benefit for such service; or

 

   (d)   whose services are directly or indirectly made available by a private security service provider to any other person, and who receives or is entitled to receive any remuneration, reward, fee or benefit for rendering one or more security services; and

   “Security Officers Association” means a body registered under the Societies Act, which adequately demonstrates to the Minister that it is representative of the majority of security guards working in Botswana at any given time.

Part II
Establishment of Private Security Services Licensing Board

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