Save our First Line of Defence - South African Security Companies

Our security companies are in trouble. The Government is looking to impose laws that restrict our security officers from carrying semi-automatic weapons, therefore disarming them. If security guards are disarmed, South Africa is disarmed and we are all under threat.

Safety is the biggest concern in a country rife with crime. It is the first line of defence and our security companies, protect and serve us. They are in a time of need and are calling on the South African Community to help by signing this petition to ensure every South African can continue being protected by properly equipped Security Companies.

Automatic weapons have always been banned in the security industry but the banning of semi automatic weapons puts all the security officers at serious risk especially when they come up against AK’s on a daily basis.

If the proposed amendments are enacted, it will mean reaction officers and tactical officers can’t use semi automatic pistols and rifles, they’ll have to use pump action shotguns. Anti poaching units will have to use single shot rifles and pump action shot guns. Customers won’t be able to protect their high value assets with armed guards. Only officers in cash in transit vehicles can use semi automatic weapons but the officers at the depots where the high value assets are stored cannot be armed!

Please back the men that put their lives on the line for us to live with peace of mind!

Draft 1 – CONFIDENTIAL
NOTICE CALLING FOR PUBLIC COMMENT
DRAFT AMENDMENT REGULATIONS IN TERMS OF THE PRIVATE
SECURITY INDUSTRY REGULATION ACT, 2001 (ACT NO 56. OF 2001)

I, Bhekokwakhe Hamilton Cele, Minister of Police, acting under section 35 of the
Private Security Industry Regulation Act, 2001 (Act No 56 of 2001) hereby
intend to make amendments to the Private Security Industry Regulations,
2002.

The draft amendments are contained in the Schedule to this Notice and are
hereby published for general information and written comment from interested
and / or affected persons.

SCHEDULE
DRAFT AMENDMENT REGULATIONS IN TERMS OF THE PRIVATE
SECURITY INDUSTRY REGULATION ACT, 2001 (ACT NO 56. OF 2001)

1. In this Schedule, “the Regulations” means the Private Security Industry
Regulations published under Government Notice No. R.190 of 14
February 2002.

Amendment of regulation 13 of the Regulations

2. Regulation 13 of the Regulations is hereby amendeda.

by the substitution for the title of Regulation 13 of the following
title:

“Uniforms, insignia and badges.-”;

b. by the substitution for subregulation (3) of the following
subregulation:

“(3) The uniform contemplated in subregulation (1)-
(a) must be suitable for use by the security officer in view
of the nature of the security service rendered, the
circumstances under which the security service is
rendered and any other relevant circumstance;

(b) must have at least 2 badges, prominently attached to
the visible portion of the uniform, with the name of the
security business employing the security officer clearly
legible on them;

(c) must have a badge, attached to the visible portion of
the front top part of the uniform, with the name and
registration number of the security officer clearly
legible on it;

(d) must have a badge, which is at least 10 centimetres in
length and 1.5 centimetres in height with the words
“Private Security” clearly legible on it, prominently
attached to the visible portion of each of the front top
part and the back top part of the uniform;

(e) must not be identical to, an imitation of, or resemble,
or reasonably be capable of being mistaken for that of
the South African Police Service, the South African
National Defence Force, the Department of Correctional
Services or any other law enforcement agency or
security service contemplated in section 199 of the
Constitution of the Republic of South Africa, 1996; and

(f) may not be made from fabric or other materials which
are any shade of blue, or which have a camouflage
design or pattern.”

c. by the insertion immediately after subregulation (3) of the
following subregulation:

“(3A) Any security business which applies for registration must
submit to the Authority, along with its application –

(a) a design, sketch or photograph of the security business’s
insignia, emblem, title or symbol whether on a uniform, vehicle or
otherwise; and

(b) a colour sketch or photograph of the security business’s
uniform, including any variations of the uniform for different
categories or classes of security officers or security services to be
rendered.’’

d. by the substitution for subregulation (5) of the following
subregulation:

“(5) Despite the provisions of subregulation (3), the Authority may
permit a security service provider to make use of a uniform which
resembles that of a law enforcement agency or security service
referred to in subregulation (3)(e), provided the security service
provider has also secured the written consent of the accounting
officer of the applicable law enforcement agency or security
service.”

e. by the substitution for subregulation (6) of the following
subregulation:

“(6) Every person referred to in sections 21(1)(a)(ii), (iii), (iv),
(v), (vi), or (vii) of the Act must take reasonable measures to
ensure that the security service provider in question complies with
its obligations in terms of subregulation (3).”

f. by the substitution for subregulation (7) of the following
subregulation:

“(7) Any security service provider who –

(a) contravenes or fails to comply with subregulation (1), (2),
(3), (3A) or (6), or fails or refuses to comply with a directive
contemplated in subregulation (4);

(b) intentionally or negligently provides any false information in
the submission referred to in subregulation (3A);

(c) without legal justification or the consents referred to in
subregulation (5) wears a uniform, badge or insignia which
is identical to, an imitation of, or which resembles or is
reasonably capable of being mistaken for that of the South
African Police Service, the South African National Defence
Force, the Department of Correctional Services or any other
law enforcement agency or security service referred to in
section 199 of the Constitution of the Republic of South
Africa, 1996;

(d) without legal justification provides another person with a
uniform, badge or insignia contemplated in paragraph (c),
is guilty of an offence and on conviction liable to a fine or to
imprisonment for a period not exceeding 24 months or to both a
fine and such imprisonment.”

Insertion of regulation 13A of the Regulations

3. The Regulations are amended by the insertion after regulation 13 of the
following regulation:

“13A. Firearms.-(1) A security business which renders a security service
requiring the possession or use of a firearm, must lawfully provide a
suitable firearm for that purpose and may not require or permit a security
officer employed by the security business to obtain or provide a firearm
for that purpose.

(2) A security officer may, for the purpose of rendering a security service
in the course of his or her employment, only possess a firearm lawfully
provided by his or her employer.

(3) Any security service provider who—

(a) requires or permits a security officer employed or made available to
that security service provider, to obtain or provide a firearm for the
purpose of rendering a security service in the course of his or her
employment;

(b) requires a security officer employed or made available by that
security service provider, or an applicant for a post as a security officer,
to have a firearm licence; or

(c) is a security officer and who, for the purpose of rendering a security
service in the course of his or her employment, is in possession of a
firearm not lawfully provided by his or her employer,
is guilty of an offence and on conviction liable to a fine or to
imprisonment for a period not exceeding 24 months or to both a fine and
such imprisonment.”

Substitution of regulation 14(9)(a)(iv) of the Regulations

4. The following regulation is hereby substituted for regulation 14(9)(a)(iv)
of the Regulations:

“14(9)(a)(iv) – comply, with the necessary changes, with the
provisions contained in regulation 8, regulation 13 and regulation 13A of
these regulations.”

Short title and commencement

5. These regulations are called the Private Security Industry Amendment
Regulations, 2018, and come into operation, unless otherwise specified,
on the date of their publication in the Gazette.

6. The operation of subregulation 13(3)(d), (e) and (f), subregulation 13(6)
and subregulation 13(7)(a), (c) and (d) is suspended for 180 days from the date of their publication in the Gazette, in respect of registered security service providers only.