8 No. 42866
GOVERNMENT GAZETTE, 28 NOVEMBER 2019
Act No. 8 of 2019
Critical Infrastructure Protection Act, 2019
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‘‘government infrastructure’’ for the purposes of section 9(4) and section 18
means infrastructure controlled, owned, occupied or possessed by a government
department in the national sphere and in respect of whose operation or
administration that department is responsible;
‘‘Head of a Government department’’ means—
(a) the incumbent of a post mentioned in Column 2 of Schedule 1, 2 or 3 to the
Public Service Act, 1994 (Proclamation No. 103 of 1994), and includes any
person acting in such post; or
(b) a municipal manager appointed in terms of section 54A of the Local
Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), and
includes any person acting in such post;
‘‘infrastructure’’ means any building, centre, establishment, facility, installation,
pipeline, premises or systems needed for the functioning of society, the
Government or enterprises of the Republic, and includes any transport network or
network for the delivery of electricity or water;
‘‘Minister’’ means the Cabinet member responsible for policing;
‘‘National Commissioner’’ means the National Commissioner of the South
African Police Service, appointed in accordance with section 207(1) of the
Constitution;
‘‘national security’’ has the meaning ascribed to it in section 198 of the
Constitution;
‘‘organ of state’’ means an ‘organ of state’ as defined in section 239 of the
Constitution;
‘‘person in control of a critical infrastructure’’ means—
(a) the owner of a critical infrastructure;
(b) the person who, by virtue of—
(i) any right acquired from a person referred to in paragraph (a);
(ii) any other right acquired from any other person, whether by way of a
public-private partnership or similar agreement; or
(iii) operation of law,
occupies, possesses, is in control of, or is responsible for the operation or
administration of such a critical infrastructure; or
(c) the Head of a Government department or the head of any other organ of state
who occupies, possesses, is in control of, or is responsible for the operation or
administration of a critical infrastructure, and includes any employee acting in
such post, and ‘person in control of an infrastructure’ shall be construed
accordingly;
‘‘police official’’ means a member of the South African Police Service as defined in
section 1 of the South African Police Service Act, 1995 (Act No. 68 of 1995);
‘‘prescribe’’ means prescribed by regulation;
‘‘PSIRA’’ means the Private Security Industry Regulatory Authority established in
terms of section 2(1) of the Private Security Industry Regulation Act, 2001 (Act
No. 56 of 2001);
‘‘regulatory measures’’ means any security measure that must be implemented as
provided for in this Act;
‘‘resilience’’ means the ability of infrastructure to mitigate, absorb or withstand
any damage, disruption, disturbance or interference in order to maintain the
functionality, integrity and structural capacity of that infrastructure;
‘‘risk category’’ means a risk category as contemplated in sections 19(1)(b) and
20(1)(b);
‘‘Secretary for the Police Service’’ means the Secretary for the Police Service
appointed in terms of section 7(1) of the Civilian Secretariat for the Police Service
Act, 2011 (Act No. 2 of 2011);
‘‘security’’ includes, but is not limited to—
(a) physical security of critical infrastructure;
(b) personnel security at critical infrastructure;
(c) contingency plans applicable to critical infrastructure; and
(d) measures aimed at protecting critical infrastructure;
This gazette is also available free online at www.gpwonline.co.za
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