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,
S.I. 52, 2020,
S.I. 141, 2020.

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; 1st April, 2020 – Parts III to V]

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 (Cap. 18:01), which shall not comprise of less than 30 security services providers registered under the Companies Act (Cap. 42:01);

    "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

3.    Establishment of Private Security Services Licensing Board

    (1) There is hereby established a Private Security Services Licensing Board to perform the functions under this Act.

    (2) The Board shall consist of the following members appointed by the Minister—

    (a)    three representatives of Government;

    (b)    two representatives of the private sector;

    (c)    two representatives of the Security Association, elected by the Association upon notification from the Minister to elect members;

    (d)    two representatives of the Security Officers Association, elected by the Association upon notification from the Minister to elect members; and

    (e)    two additional members from the public.