GOVERNMENTGAZETTE OF THE

REPUBLIC OF NAMIBIA N$3.82 WINDHOEK - 23 June 1998 No. 1896

CONTENTS

Page

GOVERNMENT NOTICE'

No. 150 Promulgation of Security Enterprises and Security Officers Act, 1998 (Act No. 19 of 1998), of the Parliament .......................................................

Government Notice

OFFICE OF THE PRIME MINISTER

No. 150 1998

PROMULGATION OF ACT OF PARLIAMENT

The following Act which has been passed by the Parliament and signed by the President in terms of the Namibian Constitution is hereby published in terms of Article 56 of that Constitution.

No. 19 of 1998: Security Enterprises and Security Officers Act, 1998.

2 Government Gazette 23 June 1998 No. 1896

Act No. 19, 1998 SECURITY ENTERPRISES AND SECURITY OFFICERS ACT, 1998

ACT

To establish a Security Enterprises and Security Officers Regulation Board;

to regulate the registration of security enterprises and security officers;

to establish a fidelity guarantee fund; and to provide for matters

incidental thereto.

(Signed by the President on 11 June 1998)

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY PROVISIONS

Section

1. Definitions

PART II

SECURITY ENTERPRISES AND

SECURITY OFFICERS REGULATION BOARD

2. Establishment of SESORB

3. Objects of SESORB

4. Powers, duties and functions of SESORB

5. Constitution of SESORB

6. Disqualification for appointment as member of SESORB

7. Vacation of office

8. Filling of casual vacancies

9. Meetings, quorum and procedures of SESORB

10. Committees of SESORB

11. Restriction of liability of members and of members of committees

12. Executive committee

13. Remuneration of members of SESORB

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Act No. 19, 1998 SECURITY ENTERPRISES AND SECURITY OFFICERS ACT, 1998

PART III

REGISTRATION OF SECURITY ENTERPRISES

AND SECURITY OFFICERS

14. Registration as security enterprise or security officer

15. Application for registration as security enterprise

16. Application for registration as security officer

17. Disqualification from registration as security officer

18. Register

19. Registration certificates

20. Withdrawal of registration by SESORB

21. Withdrawal of registration by court

22. Payment of annual amounts

23. Code of conduct

24. Misconduct by security enterprises and security officers

25. Appeal to Minister against certain decisions

PART IV

FIDELITY GUARANTEE FUND

26. Establishment of Fund

27. Administration and control of Fund

28. Insurance contracts

29. Contributions to Fund

30. Payments from Fund

31. Defence to claims against Fund

32. Transfer of rights of action

PART V

FINANCIAL PROVISIONS

33. Bookkeeping and financial statements

34. Auditing

35. Financial year

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Act No. 19, 1998 SECURITY ENTERPRISES AND SECURITY

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PART VI

GENERAL PROVISIONS

36.

37.

38.

39.

40.

Preservation of secrecy

Offences and penalties

Regulations

Delegation of powers of Minister

Short title and commencement

Schedule

BE IT ENACTED by the Parliament ofthe Republic of Namibia as follows:-

PART I

PRELIMINARY PROVISIONS

Definitions

1. In this Act, unless the context otherwise indicates -

"chairperson" means the person elected under section 9(1) as chairperson of

SESORB;

"company" means a company within the meaning of the Companies Act, 1973

(Act No. 61 of 1973);

"Fund" means the fidelity guarantee fund established under section 26;

"member" means a member of SESORB;

"Minister" means the Minister of Home Affairs;

"prescribe" means prescribe by regulations made under this Act;

"security enterprise" means a person registered in terms of section 15;

"security officer" means a person registered in terms of section 16;

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Act No. 19, 1998 SECURITY ENTERPRISES AND SECURITY OFFICERS ACT, 1998

"security service" means a service rendered by a person to another person for

reward by -

(a) making himself or herself or a person in his or her or its employ available

for the protection or safeguard of people or property in accordance with an

arrangement concluded with such other person; or

(b) advising such other person in connection with the protection or safeguard

of people or property in any manner whatsoever;

"SESORB" means the Security Enterprises and Security Officers Regulation Board

established by section 2;

"vice-chairperson" means the person elected under section 9( 1) as vice-chairperson

of SESORB.

PART II

SECURITY ENTERPRISES AND

SECURITY OFFICERS REGULATION BOARD

Establishment of SESORB

2. There is hereby established a juristic person to be known as the

Security Enterprises and Security Officers Regulation Board, the shortened form

of which shall be "SESORB" and which may be used as an alternative to the

name Security Enterprises and Security Officers Regulation Board.

Objects of SESORB

3. The objects of SESORB shall be to -

(a) exercise control over security enterprises and the occupation of

security officer; and

(b) maintain, promote and protect the status of security enterprises and

security officers.

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Act No. 19, 1998 SECURITY ENTERPRISES AND SECURITY OFFICERS ACT, 1998

Powers, duties and functions of SESORB

4.

shall be to -

(a)

(b)

(c)

(d)

(e)

Subject to this Act, the powers, duties and functions of SESORB

maintain standards and regulate practices in connection with the

occupation of security officer and persons pursuing or intending to

pursue such occupation;

gather information relevant to the occupation of security officer in

connection with persons who are security officers or applying for

registration as such;

give advice in connection with the training of security officers in

Namibia and promote the standard of such training;

cause its work to be performed by persons employed by it on

conditions determined by it or with whom it has entered into contracts

for the performance of any particular work;

acquire or hire movable or immovable property, including rights

thereto;

(f) let, sell or otherwise dispose of movable or immovable property of

SESORB, including rights thereto;

(g) open accounts with any banking or other financial institution;

(h) invest money;

(i) accept donations and, with the approval of the Minister, accept

donations from outside the country;

(j) determine the remuneration payable from the funds of SESORB to

members of SESORB and members of committees referred to in

section 13;

No. 1896 Government Gazette 23 June 1998 7

Act No. 19, 1998

(k)

(1)

SECURITY ENTERPRISES AND SECURITY OFFICERS ACT, 1998

become a member of an association or organisation which seeks to

promote any matter in which SESORB has an interest;

collaborate with any person in the performance of an act which

SESORB is by law permitted to perform;

(m) enter into any contract or perform any act that will in the opinion of

SESORB contribute towards the attainment of its objects;

(n) advise the Minister on any matter relating to security officers;

(0) communicate to the Minister information relating to matters of public

interest acquired by SESORB in the performance or execution of its

powers and functions under this Act; and

(p) generally, to do all such things as SESORB considers necessary or

expedient in order to achieve the objects of this Act.

Constitution of SESORB

5. (1) SESORB shall consist of -

(a) six security officers selected by the Minister from among persons

whose names appear on a list compiled in terms of subsection (3),

of whom three shall be representative of employers and three

representative of employees;

(b) one member of police designated by the Inspector-General;

(c) one staff member in the Public Service and designated by the Ministry

of Labour; and

(d) one staff member in the Public Service and designated by the Minister

of Home Affairs.

(2) As often as it may become necessary, the Minister shall by notice in

the Gazette or in such manner as he or she may determine, invite associations and

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organisations of security enterprises and security officers to submit to him or her,

directly or through any federation of such associations or organisations, within a

specified period names of persons involved in the occupation of security officer

and who are competent and fit and proper to be appointed as members of SESORB.

(3) Upon the expiry of the period specified in terms of subsection (2),

the Minister shall cause to be compiled a list of the names of persons whose

names were submitted to him in pursuance of the relevant invitation and who in

his or her opinion are competent and willing, and are fit and proper persons, to be

appointed as members of SESORB and who in the opinion of the Minister are

representative of security enterprises and security officers in the Republic of

Namibia.

(4) Where no names are submitted to the Minister or where an

insufficient number of names of competent and fit and proper persons is submitted

to him or her within the period specified in terms of subsection (2), after the

invitation referred to in that subsection, the Minister may, at his own discretion,

compile the list referred to in subsection (3).

(5) The members shall be appointed by the Minister and a notice of

appointment shall be published in the Gazette.

(6) A member of SESORB shall hold office for a period of three years

and shall, at the expiry of such period, be eligible for re-appointment.

Disqualification for appointment as member of SESORB

6. A person who -

(a) is not a Namibian citizen or not lawfully admitted to Namibia for

permanent residence in Namibia and not resident in Namibia;

(b) is an unrehabilitated insolvent;

(c) has during the period of 10 years immediately preceding the date of

commencement of this Act or at any time after that date been

convicted of an offence specified in the Schedule to this Act,

No. 1896 Government Gazette 23 June 1998 9

Act No. 19, 1998 SECURITY ENTERPRISES AND SECURITY OFFICERS ACT, 1998

shall not be appointed as a member of SESORB.

Vacation of office

7. A member of SESORB shall vacate his or her office -

(a) if he or she becomes subject to any disqualification contemplated in

section 6;

(b) if he or she is declared mentally ill under the Mental Health Act,

1973 (Act No. 18 of 1973);

(c) if he or she in writing under his or her hand addressed and delivered

to SESORB, resigns from his or her office by giving not less than

one month's notice; or

(d) if he or she has been absent from more than three consecutive

meetings of SESORB without its leave.

Filling of casual vacancies

8. Any casual vacancy in the membership of SESORB caused by the

vacation of office by, or death of, any member of SESORB shall, having regard

to section 5( 1) be filled by the appointment of another person, in accordance with

section 5(5) for the unexpired portion of the period of office of such former

member.

Meetings, quorum and procedures of SESORB

9. (1) The members shall, at the first meeting of a newly constituted

SESORB, elect a chairperson and a vice-chairperson from their number.

(2) The chairperson and the vice-chairperson shall, subject to their

remaining members, retire as chairperson or vice-chairperson at the first meeting

of SESORB held subsequent to the expiry of one year after his or her election as

chairperson or vice-chairperson, but shall be eligible for re-election.

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(3) The first meeting of SESORB shall be held at such time and place

as may be determined by the Minister and thereafter, subject to subsection (4),

meetings of SESORB shall be held at such times and places as the chairperson

may determine, but such meetings shall be held at least twice a year.

(4) The chairperson shall, at the request, in writing, of the Minister or

of at least one third of the members, convene a special meeting of SESORB,

within seven days after he or she has been requested to do so.

(5) The chairperson or, in his or her absence, the vice-chairperson or, in

the absence of both the chairperson and the vice-chairperson, such member as the

members present shall elect, shall preside at a meeting of SESORB.

(6) A majority of the members of SESORB shall constitute a quorum at

any meeting of SESORB.

(7) A decision of a majority of the members present at a meeting of

SESORB, shall be the decision of SESORB and in the event of an equality of

votes, the person presiding at the meeting shall have a casting vote in addition to

his or her deliberative vote.

(8) The person presiding at a meeting of SESORB may permit any person

who has an interest in any matter due to be considered at that meeting, or any

representative of that person, to attend the meeting and to take part in such

discussions of SESORB as in the opinion of the person presiding relate to such

matter, but such person or representative shall not be entitled to vote.

(9) A decision of SESORB or an act performed under the authority of

SESORB shall not be rendered invalid by reason only of a vacancy in the

membership of SESORB or of the fact that a person who is not entitled to sit as

member did so sit when the decision was taken or the act was authorised, if the

decision was taken or the act was authorised by the requisite majority of the

members who were present at the time and entitled to sit as members.

(10) SESORB shall cause minutes to be kept of the proceedings of each

of its meetings and of every committee established by it and shall, at the request

of the Minister, furnish to the Minister a copy of the minutes of any meeting of

SESORB or such a committee that may be required by the Minister.

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Act No. 19, 1998 SECURITY ENTERPRISES AND SECURITY OFFICERS ACT, 1998

(11)

meetings.

SESORB shall determine the procedure to be followed at its

Committees of SESORB

10. (1) SESORB may, from time to time, establish a committee for

the purpose of performing any of its functions and may delegate to any such

committee such of its functions as it considers fit.

(2) SESORB may appoint as member of a committee established under

subsection (1) any person notwithstanding that he or she is not a member of

SESORB.

(3) The chairperson may attend any meeting of a committee and may

take part in its proceedings and he or she may vote on any matter at any such

meeting.

Restriction of liability of members and of members of committees

11. A member of SESORB or a member of any committee established

by SESORB shall not be personally liable for any loss or damage arising out of,

or in connection with, the performance of his or her duties unless the loss or

damage is due to his or her wilful misconduct, gross negligence or failure to

comply with any provision of, or direction or decision under, this Act.

Executive committee

12. (1) SESORB may appoint an executive committee consisting

of at least three of the members of SESORB.

(2) SESORB shall, as often as it may become necessary, elect one of

the members of the executive committee as the chairperson and another member

as the vice-chairperson of the committee.

(3) SESORB may delegate any power conferred upon it by, or under,

this Act to the executive committee or authorize the executive committee to

perform any duty assigned to SESORB by or under this Act.

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(4) Any power delegated or duty assigned under subsection (3) shall be

exercised or performed by the executive committee subject to such directives as

SESORB may from time to time issue.

(5) A delegation of power under subsection (3) shall not prevent the

exercise of that power by SESORB.

(6) The meetings of the executive committee shall be conducted

according to such rules as may be determined by SESORB.

(7) Section 9(5) shall mutatis mutandis apply in respect of the executive

committee.

Remuneration of members of SESORB

13. A member or a member of a committee who is not in the full-time

employment of the State shall in respect of his or her services as member be paid

out of the funds of SESORB such remuneration and subsistence, travelling and

other allowances as SESORB may determine.

PART III

REGISTRATION OF SECURITY ENTERPRISES

AND SECURITY OFFICERS

Registration as security enterprise or security officer

14. (1) As from a date to be determined by the Minister by notice in

the Gazette, no person shall -

(a) conduct business for the purpose of rendering a security service

unless that business is registered as a security enterprise;

(b) render a security service unless that person is registered as a security

officer; or

(c) permit any person employed by him or her to perform any functions

of security officer unless that person is registered as a security officer.

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SECURITY ENTERPRISES AND SECURITY OFFICERS ACT, 1998

(2) The notice under subsection (1) shall be published at least 60 days

before the date specified in that notice.

(3) A person who contravenes subsection (1) shall be guilty of an offence

and liable, on conviction -

(a)

(b)

if the person is a natural person, to a fine not exceeding N$8 000 or

to imprisonment for a period not exceeding 2 years or to both such

fine and imprisonment; or

if the person is a company, a close corporation or a partnership,

every director of the company or every member of the close

corporation or the partnership shall be liable to a fine not exceeding

N$8 000 or to imprisonment for a period not exceeding 2 years or to

both such fine and imprisonment.

Application for registration as security enterprise

15. (1) An application for registration as a security enterprise shall

be made to SESORB on a prescribed form and shall be accompanied by -

(a)

(b)

a clear and complete set of finger prints taken in the prescribed

manner, of the applicant if the applicant is a natural person or of

each director if the applicant is a company or of each member if the

applicant is a close corporation or a partnership; and

the prescribed application fee.

(2) Any person applying in terms of subsection (1) for registration as a

security enterprise shall furnish such additional particulars in connection with

such person's application as SESORB may determine.

(3) If SESORB is satisfied that this Act has been complied with in respect

of an application referred to in subsection (1), it shall grant the application and

register the applicant as a security enterprise.

(4) A business shall not be registered under subsection (3) unless, in the

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Act No. 19, 1998 SECURITY ENTERPRISES AND SECURITY

OFFICERS ACT, 1998

case of the owner being a natural person, such person or, if the owner is a company,

a close corporation or a partnership, every director, member or partner thereof is

also registered as a security officer.

(5) Where SESORB refuses to grant an application to an applicant under

this section, it shall furnish the applicant with its reasons.

Application for registration as security officer

16. (1) An application for registration as a security officer shall be

made to SESORB on a prescribed form and shall be accompanied by -

(a) a clear and complete set of fingerprints taken in the prescribed

manner, of the applicant; and

(b) the prescribed application fee.

(2) Any person applying in terms of subsection (1) for registration as a

security officer shall furnish such additional particulars in connection with his or

her application as SESORB may determine.

(3) If SESORB is satisfied that the provisions of this Act have been

complied with in respect of an application referred to in subsection (2), it shall

grant such application and register the applicant as a security officer.

(4) Where SESORB refuses to grant an application to an applicant under

this section, it shall furnish the applicant with its reasons.

Disqualification from registration as security officer

17. (1) Subject to subsection (2) a person shall not be qualified to

be registered as a security officer if -

(a) he or she was during the period of 10 years immediately preceding

the date of commencement of this Act or, at any time after that date

found guilty of an offence specified in the Schedule to this Act;

No. 1896 Government Gazette 23 June 1998 15

Act No. 19, 1998 SECURITY ENTERPRISES AND SECURITY OFFICERS ACT, 1998

(b) he or she is a person whose previous registration as a security officer

has been withdrawn under this Act; or

(c) he or she is under the age of 18 years.

(2) The Minister may, upon application and if in his or her opinion good

reason exists, declare a person to be released of disqualification.

Register

18. SESORB shall keep a register in which it shall enter the name and

prescribed particulars of each security enterprise and security officer whose

application for registration has been granted under section 15(3) or 16(3).

Registration certificates

19. SESORB shall issue on the prescribed form a certificate of

registration to each person registered as a security enterprise or a security officer.

Withdrawal of registration by SESORB

20. (1) SESORB may withdraw the registration of a security officer

by written notice to such security officer -

(a) ifhe or she has furnished to SESORB information in, or in connection

with, his or her application for registration which is in a material

respect untrue;

(b) if at any time after his or her registration -

(i) he or she is found guilty of an offence specified in the

Schedule to this Act;

(ii) he or she is found guilty of misconduct under section 24(1)(a);

or

(iii) he or she becomes of unsound mind and is declared as such

by a competent court;

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(2) SESORB may withdraw the registration of a security enterprise by

written notice to such security enterprise if the registration as a security officer of

the owner of such enterprise or, in the case of a company, close corporation or

partnership, of any director, member or partner thereof is withdrawn under

subsection (1).

(3) The written notice referred to in subsections (1) and (2) shall state

reasons for withdrawal.

Withdrawal of registration by court

21. (1) SESORB may, by notice of motion, apply to the High Court

of Namibia for an order withdrawing the registration of a security enterprise or a

security officer if grounds, other than those mentioned in section 20, 22(2) or

29(2), exist justifying the withdrawal of the registration.

(2) The High Court may grant or refuse the application under subsection

(1) and may make such order as to costs as it may consider fit.

Payment of annual amounts

22. (1) Every person registered as a security enterprise or a security

officer shall annually on or before a prescribed date pay to SESORB a prescribed

amount.

(2) If a security enterprise or a security officer fails to comply with

subsection (1), SESORB may -

(a) in the case of a security enterprise, suspend its registration as a

security enterprise until the amount owed by it is paid to SESORB;

and

(b) in the case of a security officer, suspend his or her registration as a

security officer until the amount owed by him or her is paid to

SESORB,

and if the relevant amount is not paid within three months from the date of

suspension of registration thereof, SESORB may withdraw such registration.

(a) give evidence;

(b) be heard;

(c) call witnesses;

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Act No. 19, 1998 SECURITY ENTERPRISES AND SECURITY OFFICERS ACT, 1998

Code of conduct

23. (1) The Minister may, on the recommendation of SESORB, draw

up a code of conduct for security enterprises and security officers.

(2) A code of conduct drawn up under subsection (1) shall be published

by notice in the Gazette.

Misconduct by security enterprises and security officers

24. (1) A security enterprise or a security officer shall be guilty of

misconduct if it or he or she -

(a) contravenes or fails to comply with the code of conduct drawn up in

terms of section 23; or

(b) commits an offence specified in the Schedule to this Act.

(2) SESORB may, in the prescribed manner, enquire into an allegation

of misconduct by a security enterprise or a security officer, which has been

submitted to it in the prescribed manner or, cause such allegation to be enquired

into in the prescribed manner by a committee of members of SESORB or by a

person designated by SESORB.

(3) At an enquiry under subsection (2) a security enterprise or a security

officer shall have the right to be assisted or represented by a legal practitioner and to -

(d) cross-examine any person called as a witness in support of the charge;

and

(e) inspect any document produced as evidence.

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(4) If SESORB or the committee or the person conducting the enquiry

finds the security enterprise or the security officer guilty of misconduct, SESORB

may, after having afforded the security enterprise or the security officer an

opportunity to make representations as to an appropriate penalty -

(a) suspend the registration of the security enterprise or the security

officer or withdraw such registration under section 20;

(b) subject to subsection (5), impose upon the security enterprise or the

security officer a fine not exceeding N$4 000, which fine shall be

paid to SESORB; or

(c) reprimand the security enterprise or the security officer.

(5) Upon SESORB or the committee or the person conducting the

enquiry finding the security enterprise or the security officer guilty of misconduct,

SESORB or the committee or the person conducting the enquiry shall furnish the

security enterprise or the security officer with reasons for such finding and, on

request, with the record of the enquiry.

(6) Notwithstanding subsection 4(b), payment of a fine imposed under

that subsection may be suspended conditionally in whole or in part.

(7) SESORB shall not take any action under subsection (4) in respect

of an enquiry conducted by a committee or a person designated by it unless it

accepts the finding of the committee or of the person.

(8) If a security enterprise or a security officer refuses or fails to appear

after it or he or she is duly warned of an enquiry under subsection (2), the enquiry

may continue in the absence of that security enterprise or that security officer.

Appeal to Minister against certain decisions

25. (1) Any person aggrieved by -

(a) a refusal by SESORB to grant its or his or her application for

registration as a security enterprise or a security officer;

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Act No. 19, 1998 SECURITY ENTERPRISES AND SECURITY OFFICERS ACT, 1998

(b) a suspension or a withdrawal by SESORB of its or his or her

registration as a security enterprise or a security officer; or

(c) its or his or her conviction under section 24 on a charge of misconduct

or by any penalty imposed under that section,

may within 21 days after it or he or she has been notified of the decision referred

to in paragraph (a), (b) or (c), as the case may be, appeal against such decision to

the Minister, in the prescribed manner.

(2) Whenever an appeal under subsection (1) is lodged, SESORB shall

at the request of the Minister submit to the Minister, in writing, the reasons for

the decision against which the appeal is lodged as well as, in the case of a decision

in pursuance of an enquiry under section 24, the record of the enquiry.

(3) The Minister shall after receiving the appeal under subsection (1)

and the reasons and the record of enquiry referred to in subsection (2) make such

decision as he or she considers fit.

PART IV

FIDELITY GUARANTEE FUND

Establishment of Fund

26. (1) The Minister may, by notice in the Gazette, establish a fidelity

guarantee fund for security enterprises.

(2) The Fund shall consist of -

(a) all amounts paid to, or on account of, the Fund in terms of section 29;

(b) all moneys received on behalf of the Fund from an insurance

company under a contract of indemnity referred to in section 28.

(c) the income accruing from time to time from the investment of the

money in the Fund;

20 Government Gazette 23 June 1998 No. 1896

Act No. 19, 1998 SECURITY ENTERPRISES AND SECURITY

OFFICERS ACT, 1998

(d) all moneys recove-red by, or on behalf of, the Fund in the exercise of

any right of action conferred by section 32; and

(e) any other moneys that may be lawfully paid into the Fund.

Administration and control of Fund

27. (1) The Fund shall be administered and controlled by SESORB.

(2) SESORB shall open an account, separate from the one in section

4(g), with a banking institution, into which shall be paid all moneys accruing to

the Fund and out of which shall be paid all payments to be made from the Fund.

(3) Moneys in the Fund which are not required for immediate use may

be invested by SESORB in such manner as may be approved by the Minister of

Finance.

(4) Sections 33(2) and (3), 34 and 35 shall mutatis mutandis apply in

respect of the affairs of the Fund.

Insurance contracts

28. (1) SESORB may enter into a contract with a person or a

company carrying on fidelity insurance business whereby the Fund will be

indemnified to the extent and in the manner provided in such contract against

liability to pay claims under this Act.

(2) A contract referred to in subsection (1) shall be entered into in respect

of security enterprises generally.

(3) A claimant against SESORB shall not have -

(a) a right of action against a person or a company with whom a contract

of indemnity has been entered into in terms of this section, in respect

of such contract; or

(b) a right to any money paid by the insurer in accordance with the

contract of indemnity.

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SECURITY ENTERPRISES AND SECURITY OFFICERS ACT, 1998

(4) Any money paid by an insurer in accordance with a contract of

indemnity shall be paid into the fund for appropriation by SESORB.

Contributions to Fund

29. (1) Every security enterprise shall annually contribute a

prescribed amount to the Fund, which amount shall be payable through SESORB

before or on a prescribed date.

(2) If a security enterprise fails to comply with subsection (1), SESORB

may suspend its r~gistration as a security enterprise until the amount owed by it

is paid to SESORB, and if the relevant amount is not paid within three months

from the date of suspension of the registration of the security enterprise, SESORB

may withdraw such registration.

Payments from Fund

30. (1) The moneys in the Fund shall, subject to subsections (2) and

(3), be applied for the following purposes, namely -

(a)

(b)

(c)

(d)

the compensation of any claim by any person for any monetary loss

suffered by that person in respect of any money or property entrusted

for protection or safeguarding to any security enterprise due to the

theft or any other offence committed by a security officer who is the

owner, or a director, member, partner or employee of such enterprise,

or by any other employee not being a security officer, while on duty,

of any money or property;

the payment of the taxed costs of any action for the recovery of

compensation referred to in paragraph (a);

in the discretion of SESORB, a contribution towards expenses

incurred by a claimant in establishing his or her claim;

legal expenses incurred in defending a claim made against the Fund

or otherwise incurred in relation to the Fund, including expenses

incurred in the exercise of any right of action conferred by section 32;

22 Government Gazette 23 June 1998 No. 1896

Act No. 19, 1998

(e)

(f)

SECURITY ENTERPRISES AND SECURITY

OFFICERS ACT, 1998

premiums payable in respect of contracts of insurance entered into

by SESORB under section 28; and

the expenses involved in the control of the Fund, including

remuneration and allowances to members of SESORB in connection

with the administration of the Fund.

(2) No person shall be entitled to a claim from the Fund in terms of

subsection (1) and payment of any such claim shall not be made from the Fund -

(a) before a date fixed by the Minister by notice in the Gazette as the

date on which the liability of the Fund shall for the purpose of

subsection (1) commence;

(b) if the cause of action arose before a date fixed under paragraph (a);

and

(c) unless and until the claimant has exhausted all relevant rights of

action and other legal remedies available against the security

enterprise concerned and against all other persons liable in respect

of the loss suffered by such claimant.

(3) SESORB may, if it considers it necessary to do so, waive the

requirement referred to in subsection (2)( c) in respect of any particular claim

against a security enterprise, and thereafter such claim shall be proved in the

prescribed manner as a valid claim before it is paid from the Fund.

Defence to claims against Fund

31. In any action brought against SESORB in respect of any claim against

the Fund, any defence which would have been available to the security enterpri~e

against whom the claim arose, shall be available to SESORB.

Transfer of rights of action

32. On payment out of the Fund of any moneys in settlement, whether

in whole or in part, of any claim in terms of section 30(1), all the rights of the

No. 1896

Act No. 19, 1998

Government Gazette 23 June 1998 23

SECURITY ENTERPRISES AND SECURITY OFFICERS ACT, 1998

claimant against a security enterprise and any other person liable in respect of the

loss of the claimant, shall devolve upon SESORB to the extent of the amount of

such payment.

PART V

FINANCIAL PROVISIONS

Bookkeeping and financial statements

33.

(a)

(b)

(1) SESORB shall keep separately -

such accounting records as are necessary to reflect the transactions

and financial state of SESORB; and

such accounting records as are necessary to reflect the transactions

and financial state of the Fund.

(2) SESORB shall, in respect of each financial year of SESORB, subject

to subsection (3), make out financial statements and cause such statements to be

audited, and shall within six months after the end of that financial year submit

copies of the audited statements to the Minister.

(3)

of -

(a)

(b)

(c)

Auditing

34.

The financial statements referred to in subsection (2) shall consist

a balance sheet, made out separately in respect of SESORB and the

Fund, dealing with the assets and liabilities of SESORB and of the

Fund;

a statement of income and expenditure made out separately in respect

of SESORB and the Fund; and

such other statements as may be prescribed.

(1) The accounting records and annual financial statements of

24 Government Gazette 23 June 1998 No. 1896

Act No. 19, 1998 SECURITY ENTERPRISES AND SECURITY OFFICERS ACT, 1998

SESORB and of the Fund shall be audited annually by a person appointed by

SESORB for that purpose.

(2) A person shall not be appointed under subsection (1) unless he or

she is registered in terms of the Public Accountants' and Auditors' Act, 1951 (Act

No. 51 of 1951), as an accountant and auditor and engaged in public practice.

(3) The financial statements submitted to the Minister under section

33(2), shall be laid on the Table of the National Assembly by the Minister within

14 days after receipt thereof, if Parliament is then in ordinary session or, if

Parliament is not in ordinary session, within 14 days after the commencement of

its next ordinary session.

Financial year

35. The financial year of SESORB shall be a year terminating on the

last day of March.

PART VI

GENERAL PROVISIONS

Preservation of secrecy

36. (1) A member of SESORB or a person referred to in section

4( d) shall not disclose any information obtained by him or her in carrying out his

or her functions, except -

(a) to the extent to which it may be necessary for the proper

administration of the provisions of this Act;

(b) with the consent of the Minister; or t.

(c) for the purposes of any legal proceedings relating to a matter under

this Act.

(2) A person who fails to comply with subsection (1) shall be guilty of

an offence and liable, on conviction, to a fine not exceeding N$8 000 or to

No. 1896 Government Gazette 23 June 1998 25

Act No. 19, 1998 SECURITY ENTERPRISES AND SECURITY OFFICERS ACT, 1998

imprisonment for a period not exceeding 2 years or to both such fine and

imprisonment.

Offences and penalties

37.

(a)

(b)

A person who-

in any application or enquiry under this Act furnishes information

or makes a statement which is false in any material particular; or

holds himself or herself out as a security enterprise or a security

officer while he or she is not registered under this Act;

shall be guilty of an offence and liable, on conviction, to a fine not exceeding

N$8 000 or to imprisonment for a period not exceeding 2 years or to both such

fine and imprisonment.

Regulations

38.

regulations -

(a)

(b)

(c)

(d)

(1) The Minister may, after consultation with SESORB, make

as to any matter required or permitted to be prescribed under this

Act;

prescribing the persons by whom the amounts and contributions

referred to in sections 22(1) and 29(1), respectively, shall be collected

on behalf of SESORB, as well as the manner in, and time within,

which they shall be collected and paid to SESORB;

relating to the training of security officers;

prescribing the uniform, insignia and identification documents of

security officers and prohibiting persons other than security officers

registered as such, from wearing such uniform or insignia or carrying

such identification documents;

26 Government Gazette 23 June 1998 No. 1896

Act No. 19, 1998 SECURITY ENTERPRISES AND SECURITY OFFICERS ACT, 1998

(e) prescribing requirements for the identification of vehicles used by

security organisations and security officers in the course of their

duties;

(f) prescribing the procedure at disciplinary proceedings under this Act;

(g) relating to appeals in terms of this Act;

(h) relating to the charging of security officers of misconduct;

(i) relating, generally, to any matter which he or she considers necessary

or expedient to prescribe for the attainment of the objects of this

Act.

(2) Different regulations may be made under subsection (1) with

reference to different categories of security officers.

(3) Regulations made under subsection (1) may, in respect of any

contravention of such regulations prescribe a penalty not exceeding a fine of

N$2 000 or imprisonment for a period not exceeding six months.

Delegation of powers of minister

39. (1) The Minister may, upon such conditions as he or she

considers fit, delegate any of the powers conferred upon him or her by this Act,

except the power to make regulations or to hear appeals, to the Inspector-General

of Police or a member of the Namibian Police Force designated by the Inspector-

General.

(2) A delegation of any power under subsection (1) shall not prevent

the exercise of such power by the Minister.

, .

Short title and commencement

40. This Act shall be called the Security Enterprises and Security Officers

Act, 1998, and shall come into operation on a date to be determined by the Minister

by notice in the Gazette.

No. 1896 Government Gazette 23 June 1998 27

Act No. 19, 1998 SECURITY ENTERPRISES AND SECURITY OFFICERS ACT, 1998

SCHEDULE

(Sections 6(c), 17(a) and 20(a))

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

High treason

Sabotage

Subversion

Intimidation

Murder

Culpable homicide involving an assault

Malicious injury to property

Public violence

Kidnapping

Child stealing

Rape

Indecent assault

Theft of game or stock (Including illegal hunting)

Robbery

Assault with intent to do grievous bodily harm

Arson

Breaking or entering any premises whether under common law or a statutory

provision, with intent to commit an offence

18. Theft whether under common law or a statutory provision

19. Receiving stolen property knowing it to have been stolen

20. Fraud

21. Forgery or uttering a forged document knowing it to have been forged

22. Offences relating to the coinage

23. An offence under any law relating to illicit dealing in, selling or possession

of unwrought precious metals or rough or uncut precious stones

24. An offence under any law relating to illegal dealing in, possession,

conveyance or supply of dependence producing drugs

25. An offence under the Controlled Game Products Proclamation, 1980

(Proclamation No. AG 42 of 1980)

26. Conspiracy, incitement or attempt to commit any offence mentioned in this

Schedule

Any offence not mentioned where dishonesty or force is an active element

or in respect of which a sentence to imprisonment without the option of a

fine is imposed

27.

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