Safety and security experts say parts of the Draft Amendment to the Private Security Industry Regulations 2002, recently published by Police Minister Senzo Mchunu for public and stakeholder comment are necessary but have pointed out sections that could weaken the private security industry.
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Safety and security experts say parts of the Draft Amendment to the Private Security Industry Regulations 2002 are necessary but have pointed out sections that could weaken the private security industry if passed in its current form.
Police Minister Senzo Mchunu recently published the draft amendment for public and stakeholder comments until April 25, 2025.
These have caused an uproar within the private security industry with some saying that the amendment is meant to take away firearms from the hands of the security companies.
However, the Private Security Industry Regulatory Authority (PSiRA) says that the proposed amendments are part of a broader effort to strengthen compliance and oversight, informed by an industry-needs analysis.
Mary de Haas, KZN Violence Monitor said the amendments to the regulations are important and most should be implemented and private security company representatives can negotiate about some of the issues.
“Historically, companies have been operating without being registered, let alone accounting for their guns. This is a serious problem which is not being properly addressed. PSiRA regulation is itself inadequate, so something must be done about that.
“Well-established companies who behave legally should not have a cause for concern, most of them have good reaction services. Proper paperwork is essential and the provision about tracking devices on guns is an excellent one. Generally, this seems to represent a real attempt to do something about the proliferation of guns, including automatic/semi-automatic” said de Haas, who was a Board Member of PSiRA until 2008.
She added that it is essential to restrict the use of semi-automatic weapons which should certainly not be used in normal duties in public places.
“It is essential that all those registers be kept, and that restrictions be put on automatic and semi-automatic weapons, most of the provisions are reasonable. Even the official government report into July 2021 (unrest) expressed concerns about the lack of adequate regulation. I was given information by police members about security companies implicated in the Phoenix killings. When I finally got an answer from PSiRA, I was told that some companies had been fined.
“So, I think what is urgent is for the Minister to get some sort of audit done of PSiRA, and perhaps appoint an oversight Judge whose office could act as an appeal body if companies were stopped from operating only because of the threat of misconduct or cases opened. We are drowning in fabricated cases (by police members) clogging up courts,” de Haas said.
She added that the carrying of handguns is a trickier issue, as many people, even private citizens, carry handguns in public places but they must comply with licensing conditions, while at the same time, reaction units may carry weapons (as others in that category such as cash-in-transit).
“So, bigger companies doing guarding duties in public places should be able to respond immediately if alerted by a guard in a public place, but one also needs to make sure that local police have a vehicle on standby to respond immediately. The problem is that in rural areas many stations are a long way from public facilities such as schools,” she said.
She added that the question of what non-lethal weapons may be carried should be the subject of ongoing negotiations between PSiRA, the Police Minister, and security companies.
On the limitations on semi-automatic rifles except for specific sectors like cash-in-transit and poaching, she said: “A properly trained security guard with a handgun should be a good enough shot to disable criminals without an automatic weapon. Mines and warehouses presumably have alarm systems which can call on reaction units.”
De Haas said the crux of the problem is policing failure because of “criminality e.g. working with local druglords, incompetence, nepotism in promotions, a whole host of things but, especially the failure of crime intelligence".
She emphasised: “We should not need heavily armed private security companies if the police did their jobs properly - and the prosecution as there are also serious problems with prosecution, and allegations of bribery of police and prosecutors are rife.”
She added that private security companies must work closely with police and support them, but they must never do more than supportive work.
Dr Johan Burger, a safety and security expert from the Institute for Security Studies said if these regulations are approved in their current wording or form, they will weaken the private security industry. He added that some sub-regulations are 'unclear' and very 'confusing'.
“I’m certain that common sense will prevail and that with the concerns raised by the private security industry and others, there will be discussions with PSiRA that they will find ways to address these problematic sections of the draft amendment to the regulations,” Burger said.
He emphasised that PSiRA has the responsibility to ensure that the private security industry is properly regulated.
“So there might be cases that they have investigated in the past, where some private security companies or officials misused or abused the kind of weapons that they were allowed to carry, and that now is why they are looking at amending these regulations again,” he said.
He highlighted subsection 17 on prohibited weapons (rubber bullets, tear gas, water cannons, stun grenades, etc.) which states that these weapons are prohibited and that security service providers may not use these weapons in the rendering of security services.
However, the very next subsection 18 on prohibited weapons says that security service providers intending to use any prohibited weapon must compile a risk assessment and submit it to the authorities seven days before the event or incident, he said.
“In my view, it is illogical to say that something is prohibited, but then at the same time you say if someone wants to use it, it is fine as long as they provide you with a risk assessment report,” Burger said.
He said many private security companies whose responsibility is to protect persons and property on campuses use some of these prohibited weapons, such as tear gas and rubber bullets, and they will tell you that they would not always have prior knowledge that there might be a violent protest action.
Burger said another concern in firearms subsection 8 of the regulations, is that it refers to handguns or shotguns that private security companies can have access to if they provide armed response or reaction unit services or protection of valuables such as cash-in-transit (CIT).
He said there is no mention of any other types of rifles, such as a submachine gun or assault rifle, keeping in mind that criminals, especially in CIT, are increasingly armed with assault rifles.
“So you cannot confront them (armed criminals) with a handgun or shotgun. So, it’s possible that the drafter of this regulation simply forgot about this or didn't know how to include assault rifles or submachine guns here,” Burger said.
Burger highlighted that South Africa is confronted by extremely high levels of violent crime, and has just over 150,000 trained police officers (boots on the ground), who cater to a population of 62+ million people.
He added that the private security industry has become a force multiplier for the police.
Burger commended the proposed mandated medical, psychometric, and psychiatric evaluations for all armed security officers saying they will help in ensuring that people who carry dangerous weapons do not have psychological problems or mental health issues. He highlighted the need to maintain a high balance between the persons who enter the industry and the requirements or minimum standards of PSiRA.
About the proposal for mandatory tracking devices on all firearms, he said while the private security industry is worried about the costs, there is value in these devices, because if firearms are lost they can be traced.
PSiRA chief executive, Manabela Chauke said the proposed amendments do not prohibit firearms outright but introduce conditions under which specific calibres may be used, enhancing oversight, not limiting lawful operations.
“The proposed regulations do not restrict the quantity of ammunition issued to security personnel. On the contrary, the aim is to ensure personnel are adequately equipped, allowing for the reasonable use of ammunition in line with operational requirements. These measures are designed to protect responsible operators and improve industry standards, not hinder lawful businesses. We encourage all stakeholders and the public to continue submitting their comments and concerns as part of the consultation process,” Chauke said.
He added that the proposed regulations are in line with international standards.
“In other jurisdictions, the regulations are in fact far more stringent. PSiRA reiterates the fact that the regulations remain in the proposal stage and are also meant to serve as an invitation to have a dialogue with all affected stakeholders in order to create a regulatory framework that is fair but also fit for purpose,” Chauke said.
gcwalisile.khanyile@inl.co.za