The public has until 19 April to submit comments on the proposed amendments to the Private Security Industry Regulation Act, 2001.

The latest proposed (1) Draft Improper Conduct Enquiries Regulations in the Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001) and the (2) Draft Regulations relating to security service providers rendering security service in the maritime industry are proposed by the Private Security Industry Regulatory Authority (PSiRA) through the office of the Minister of Police, Bheki Cele.

“In terms of Section 4(b) of the Act, the authority must take steps to achieve it objects with the means at its disposal and may, subject to the Act and any other law, for the purpose of achieving it objects enquire into and report to the Minister on any matter concerning the objects of the authority. The purpose of the regulations is to ensure an effective and efficient process of collecting fines following improper conduct hearings.  The Authority is in support of the proposed regulation,” PSiRa told ProtectionWeb.

Security Association of South African national administrator Tony Botes said Notice 2375, which deals specifically with registrations and de-registrations, contained a number of “contradictions, which could result in some constructive comments from us and other bodies and companies in the industry.”

“Notice 2376 deals with processes and documents related to prosecutions by PSIRA in respect of breaches of their Code of Conduct, but the majority of these are corrective and positive and will probably not be challenged.”

“Notice 2377 deals with maritime security within South African waters and ports and will not have that much of an impact, as most of these (such as foreign security officers, not registered with PSIRA) performing security work, sometimes with firearms,” he said.

The Association of Private Security Owners of South Africa (TAPSOSA) said it was unfortunate that the amendments did not include the regulations that dealt with the information that must be provided to private security users when procuring services.  

“The current uncertainty and industry self-determination on what consumers should request from providers of private security services results in the manipulation of tender processes and gatekeeping,” said spokesperson Sindisiwa Changuion.

She said Section 35 of the PSiRA Act permitted the Minister to pass the regulation that should be required by the users of security services.

“Compliance with PSiRA should be the only authority that should be required by users of security services. The current manipulation of the non-existence of regulation on requirements of procurement of private security services allows for gatekeeping and persecution amongst industry players,” said Changuion.