Private Security Industry in South Africa - Security Legislation

Security Legislation

Since the late 1980s the security industry has been regulated according to the Security Officers Act of 1987. Before 1994, security companies had to comply with the requirements of the Security Officers Board (SOB). The SOB determined wages and accreditation, and established a code of behaviour for security companies and their employees.

Many considered the SOB an ineffective regulator, as it had too few staff, and many security companies did not comply with the regulation requiring them to register themselves and all of their employees with the board. It was therefore unable to compel companies to comply with minimum wage requirements, and prevent them from employing illegal immigrants.

Because of these concerns, the South African parliament enacted the Private Security Industry Regulatory Act, which established the Private Security Industry Regulatory Authority. The authority has been more successful at regulating the industry than its predecessor. This is borne out by the number of Registered Security Companies increasing from 5491 to 9320 and the number of Registered Security Officers, Graded from A to E respectively in descending order of qualifications. This, following a PSIRA and SAPS fingerprints background check.

Grade A is the most senior Security Officer, owners of a CC or PTY must be Registered as at least PSIRA Grade B to run a Security Service Provider in South Africa. If for any reason whatsoever, solely one Member of a Close Corporation or one of the Directors of a Company is disqualified (e.g. due to a criminal Conviction on a Serious Criminal Offence), then the entire Close Corporation and/or Company's Registration is immediately withdrawn by P.S.I.R.A. Then the Entity may no longer provide Security Services. This rule is very strictly enforced by P.S.I.R.A.. Under new (SASSETA-based) rules, no Registrations for a Grade is permitted without a Certificate Proof of a Course performed by a SASSETA-accredited Security Training Provider and Academy, all Training Providers must be on the SASSETA list with a dedicated Registration Authorization Number). Specific Courses -known as Unit Standards, (now compiled by FET Colleges and SAQA, SA Qualifications Authority). Security Officers are given Learner Guides, written and oral assignments in 'Learner Workbooks', then finally a Summative Assessment (Written Test). Most Service Training Providers have a 70% pass mark for examinations, overseen by SASSETA-accredited 'Assessors' and 'Moderators'.

Many Acts of Parliament such as the Occupational Health and Safety Act, the Basic Conditions of Employment Act, the Labour Relations Act, the Skills Development Act the Employment Equity Act and the Protected Disclosures Act have improved the working conditions of Security Officers.

Until quite recently, the SA security industry has not enjoyed minimum wage or maximum working hours specified by legislation. Instead, these regulations were determined by sectoral determinations issued by the labour Minister. (i.e. Amendments)

Private Security legislation does not apply to the National Defense Force (Army, Navy Etc.) the National Intelligence Agency nor the Secret Service.

Crime is defined in the Republic of South Africa as unlawful human conduct, known as an Offence. The most serious Offences referred to as 'Schedule One Offences' as set down by the National Prosecuting Authority, (NPA)