Key Points Act, 1980 (Act No.1 02 of 1980). A draft National Key Points and Strategic Installations Bill is hereby published for general information and comment from interested parties.
IMPORTANT NOTE: This is merely a working document which is used to obtain the input of interest groups. The finalisation of the draft National Key Point and Strategic Installation Bill, will ultimately be done after the consultation process has been concluded. Parliamentary committees will also be involved in the process.
Kindly note that as this is a working document certain technical correction with regard to the numbering, spacing and general layout still need to be done.
To provide for the declaration of National Key Points, including Strategic Installations and Places of Importance; to provide for the declaration of a Complex; to regulate the measures and standards for safeguarding thereof; repeal of laws; and for matters connected therewith.
In this Act, unless the context otherwise indicates"area" means any soil or water surface, whether with a buildinq, installation or structure thereon or not, and includes air space; "boundary" means the boundary of a National Key Point, Strategic Installation or Place of Importance as determined by the Minister; "complex" means more than one National Key Point, Strategic Installation or Place of Importance as declared under section 4; "essential services" means essential services as defined in the Labour Relations Act, 1995 (Act No. 66 of 1995); "Government Security Regulator" means a component of the South African Police Service, who will be responsible to administer this Act; "incident" means any occurrence, terrorism or any other criminal activity or any other conduct which endangers, compromise, disrupts or threatens a National Key Point, Strategic Installation or Place of Importance; "institution" means any state department as defined in section 329 of the Constitution of the Republic of South Africa, 1996, including any public entity as defined in section 1 of the Public Finance Management Act, 1999 (Act No.
"this Act" includes any subordinate legislation issued in terms of a provision of this Act.
National Key Points, Strategic Installations and Places of Importance, after being declared as such by the Minister in terms of section 4.
This Act applies to all places or areas declared as National Key Points, Strategic Installations and Places of Importance.
In the event of any inconsistency between this Act and any other law in force at the commencement of this Act, other than the Constitution, this Act prevails.
Not withstanding the provisions in the Disaster Management Act, 2002 (Act No. 57 of 2002) all emergency services must assist in an emergency at a National Key Point, Strategic Installation or Place of Importance, when so requested by the South African Police Services, without a disaster being declared in the Gazette. In the event of a major incident, emergency services will not be bound by municipal boundaries.
loss may disadvantage the Republic nationally or internationally; or safety and security has an impact on the delivery of essential services.
the Government Security Regulator must, after consultation with the institution conduct a security risk matrix in order to determine and quantify the level of importance of such a place or area; and the Minister's Advisory Committee must evaluate the security risk matrix results and furnish the Minister with a recommendation on the proposed declaration of the area or place as a National Key Point.
its loss, damage.
its loss may disadvantage the Republic nationally or internationally; or its safety and security has an impact on the delivery of essential services.
Before the Minister may declare a Place of Importance as contemplated in subsection (3) the South African Police Service must after consultation with the institution conduct a security risk matrix in order to determine and quantify the level of importance of such a place or area.
Before the Minister may declare a Strategic Installation the South African Police Service must furnish the Minister with security risk matrix results; and the Minister's Advisory Committee must evaluate the security risk matrix results and furnish the Minister with a recommendation on the proposed declaration of the area or place as a Strategic Installation.
The owner of any place, area or institution which have been declared as a National Key Point, Strategic Installation or Place of Importance must be notified in writing of such declaration by the Minister.
The owner of a National Key Point or Place of Importance, if privately owned, must be informed of the implications of section 240 of the Income Tax Act, 1962 (Act No. 58 of 1962).
When, in the opinion of the Minister, and on recommendation of the Minister's Advisory Committee it will contribute to the safeguarding of two or more National Key Points or Strategic Installations, if certain steps in respect of their security are taken jointly by their owners, he or she may declare those National Key Points or Strategic Installations, a Complex, irrespective of whether one of the National Key Points or Strategic Installations, adjoins any other; and the steps contemplated will be taken at or on the National Key Points or Strategic Installations.
determine the boundaries of the Complex; and conduct a security appreciation matrix of the Complex.
The owner of a National Key Point or Strategic Installation included in a Complex must forthwith be notified thereof by written notice, as well as of the name and address of each of the owners of the National Key Point or Strategic Installation, included in the Complex.
The inclusion of a National Key Point or Strategic Installation in a Complex, does not exempt the owner of that National Key Point or Strategic Installation from any obligation in terms of this Act.
The Minister may, with a view to the exercise of a power granted to him or her by this Act, order any person in writing to furnish him or her within a specified time with any information at his or her disposal relating to or in connection with any place or area.
to any person, except for the purposes of this Act or as a witness in a court of law during a prosecution in terms of this Act, shall be guilty of an offence and liable on conviction to a fine not exceeding R1 000 000 or to imprisonment for a period of 20 years, or to both such fine and such imprisonment.
The provisions of subsection (2) shall not prohibit the disclosure of information by any person in so far as it is strictly necessary for the performance of his or her functions in regard to his or her employment in connection with, or his or her ownership of, the place concerned; and when authorised by the Minister.
The Minister may at any time, on behalf of and in consultation with the owner of a National Key Point Strategic Installation, Place of Importance or Complex, take or cause to be taken any or all of the steps which in his or her opinion are or may become necessary in respect of their security and the owner is liable for the cost thereof to such extent as the Minister may determine.
of this section, he or she may take over the obligations of the owner or owners concerned arising from any contract or contracts with a third party or third parties, with the consent of that third party or those third parties, if in the opinion of the Minister the fulfilment of the contract or contracts will contribute to the security of the National Key Point, Strategic Installation, Place of Importance or Complex concerned.
(a) The Minister may appoint such persons or committees as he or she may deem fit to report to him or her, to advise him or her, or to exercise any power conferred on him or her under this Act, except a power excluded in terms of section 9.
Any such committee must, subject to the directions of the Minister, determine its own procedure.
The Minister mayan such conditions as he or she deems fit, in writing, empower any person to exercise any of the powers conferred on him or her by this Act, except powers referred to in sections 8,11 or 23.
verify any steps being or to be taken in terms of this Act.
Any member of the South African Police Service may be compelled to perform functions in terms of this Act as if they are functions which must be performed in terms of the South African Police Service Act, 1995 (Act No.
There is hereby established a committee to be known as the Minister's Advisory Committee.
The committee shall consist of no more than 20 permanent members appointed by the Minister, on the recommendation of the executive authority of the relevant state department or chief executive officer of the institution concerned.
The chairperson of the committee shall be appointed by the Minister.
If a member vacates his or her office his or her membership automatically ceases to exist.
understand the economic value and importance of National Key Points, Strategic Installations, Places of Importance; or be in possession of an appropriate qualification and relevant experience in the field of expertise.
The Minister will appoint members on the basis of the recommendation relating to the categories of places, areas or institution that have already been declared National Key Points, Strategic Installation or Places of Importance for the purpose of achieving equal representation of institutions.
The chairperson may co-opt any additional members to attend the meetings of the committee to provide advice with regard to their relevant field of expertise.
National Key Points and Strategic Installations to be declared a Complex contemplated in terms of section 5.
The committee must meet at least three times a year and must determine the date and place of its meetings.
The chairperson may at any time convene an extraordinary meeting of the committee to be held at a time and place determined by him or her.
If the chairperson is absent from a specific meeting of the committee, the members present must elect a chairperson from the members present to act as chairperson for that meeting.
The committee determines its own procedure for its meetings.
The quorum for a meeting of the committee is a majority of its members.
The decision of a majority of the members of the committee present at any meeting thereof is the decision of the committee, and in the case of an equality of votes, the chairperson has a casting vote in addition to his or her deliberative vote.
A Joint Planning Committee must be established for each National Key Point, Strategic Installation, Place of Importance and Complex.
The owner of a National Key Point, Strategic Installation or Place of Importance must convene and chair the Joint Planning Committee quarterly.
The Government Security Regulator must determine permanent members of the Joint Planning Committee.
Disaster Management Services; or representatives of other institutions which the chairperson may deem necessary.
The chairperson may appoint any representative referred to in subsection (2) to serve as a deputy chairperson, except the chief security officer.
engaging in corrupt activities; or security breach.
The chairperson must activate the JOe in the case of a major incident if necessary.
The committee must have at least four meetings a year at such times and places as the committee may determine.
If the chairperson is absent from a specific meeting of the committee, the deputy must act as chairperson for that meeting.
The procedure of the meetings of the committee will be prescribed by the Minister.
Decision making must be determined or taken by the line function representatives of the committee.
On receipt of a notice referred to in section 4, the owner of the National Key Point Strategic Installation, Place of Importance or Complex concerned must, at his or her own expense take steps as prescribed by the Minister in respect of their security.
If the said owner fails to take the said steps, the Minister may by written notice order him or her to take, within a period specified in the notice and at his or her own expense, such steps in respect of the security of the said National Key Point, Strategic Installation, Place of Importance or Complex, as may be specified in the notice.
If the said owner without reasonable cause refuses or fails to take steps specified in the notice referred to in subsection (2), within the period specified therein he or she is guilty of an offence and liable on conviction to a fine not exceeding R 1 000 000 or to imprisonment for a period of 20 years, or to both such fine and imprisonment.
If the said owner refuses or fails to take the steps specified in the said notice within the period specified therein, the Minister may take or cause steps to be taken, irrespective of whether the owner was charged or convicted in connection with that refusal or failure, and the Minister may recover the cost thereof from that owner to such an extent as the Minister may determine.
The Minister may after consultation with the owners of National Key Points or Strategic Installations, included in a Complex, order them by written notice to take, within a period specified in the notice and at their expense, such joint steps in respect of their security as may be specified in the notice, and to determine within a period specified in the notice on the proportion in which each is responsible for the cost thereof.
If the owners are unable to determine within the period specified the said proportion, the Minister may determine that proportion.
Regulations were responsible for the cost or to such extent as he may determine.
The provisions of this Act shall not prevent any owner of any place or area which have been declared a National Key Point, Strategic Installation or Place of Importance from taking or causing to be taken, in addition to any steps required or ordered in terms of this Act, such measures as he or she may consider necessary for the efficient security of that National Key Point, Strategic Installation or Place of Importance and any goods thereon or therein.
any other ancillary or administrative matter that is necessary to prescribe for the proper implementation or administration of this Act.
Regulations made under this section may prescribe penalties for any contravention thereof or failure to comply therewith, not exceeding the penalties prescribed in section 24.
Any person who at, on, in connection with or in respect of any National Key Point Strategic Installation, Place of Importance or Complex, performs any act which, if prohibited in terms of this Act, is guilty of an offence and liable to the penalties prescribed for that offence.
exceeding 20 years or to both such fine and such imprisonment.
The State, the Minister or any person in the service of the State is not liable for any loss or damage as a result of bodily injury, loss of life or damage to property caused by or arising out of or in connection with any act ordered, performed or executed under this Act, unless the person or the Minister was grossly negligent or acted with intent.
Subject to subsection (2), the laws repealed in Schedule A are hereby repealed to the extent as indicated in the third column thereof.
Any proclamations, regulation, notice, approval, authority, licence, permit, certificate or document issued, made, given or granted and any other action taken under any provision of a law repealed by this Act, must be regarded as having been issued, made, given, granted or taken under the corresponding provision of this Act.
This Act is called the National Key Points, Strategic Installations and Places of Importance Act, 2006, and comes into operation on a date fixed by the President by proclamation in the Gazette.