Presentation by the Campaign for Safe Communities and the Social Justice Coalition on the state of the private security industry in South Africa.

1. Analysis of the
Private Security Industry
June 2013

2. Private Security Industry
9,364
1,125
0
1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
9,000
10,000
2002/2003 2003/2004 2004/2005 2005/2006 2006/2007 2007/2008 2008/2009 2009/2010 2010/2011 2011/2012
Registered Private Security Companies
2002 - 2012
Private Security Companies Police Stations
8 private security companies for every 1 police station

3. Private Security Industry
3 active security guards for every 1 police person
427,174
157,380
50,000
100,000
150,000
200,000
250,000
300,000
350,000
400,000
450,000
2002/2003 2003/2004 2004/2005 2005/2006 2006/2007 2007/2008 2008/2009 2009/2010 2010/2011 2011/2012
Registered Active Security Guards
2002 - 2012
Private Security Guards Police Officers

4. Policing Duties of Private Security
CPA s 24 Private security guards
are allowed, as ordinary
citizens, to search premises they
occupy or are lawfully in charge
of and the persons therein if they
suspect stolen or illicit goods and
no police officer is present
Stop and Search
Security guard doing a bag search

5. Policing Duties of Private Security
CPA s 49 Private security guards
are allowed to arrest suspects
without a warrant, and even use
force to effect the arrest if the
person resists provided the action
is reasonable
Security guards arresting a cable thief
Arrests

6. Security guards beat
protesters
Security guards severely beat
an alleged shoplifter
Security guards shoot taxi
driver in fit of road rage
Security guard uses company
firearm to kill lovers mom
In the Media

7. Bill of Rights s 12(1)(c)
‘everyone has the right to freedom and
security of the person’
including
‘to be free from all forms of violence from
either public or private sources’
Civil Rights

8. Private Security Industry Regulation Act 56 of 2001
S 2(1) establishes the Private Security Industry
regulatory authority (PSIRA)
S 3(a) – (q) lays out primary objects of PSIRA:
Promote industry that behaves in line with Constitution
and other laws
Promote professional, open, accountable, equitable and
accessible industry
Determine and enforce minimum standards
Ensure registration of guards is open, fair, objective and
concluded timeously
Promote high standards of training
Ensure security companies comply with legislation
through active monitoring and investigation

9. Private Security Industry Regulation Act 56 of 2001
S 23(3) PSIRA may cause any inspection as it deems fit
at the cost of the security company to determine if
security providers meet the requirements of the act
S 24 PSIRA must keep a register, including the name
and particulars, of every security company
S 31(1)(b) The PSIRA council must appoint inspectors
as staff members of PSIRA
S 34(1) An inspector may at any reasonable time and
without notice inspect any premises

10. Selected PSIRA Regulations
PSIRA
regulation, ‘Uniforms, insi
gnia, badges and
firearms,’
par 3(b)
Guards uniform must
clearly display
Company logo
Name of company
Guards name
Guards registration no.
Armed guard outside Gauteng South High Court
No visible identification

11. Selected PSIRA Regulations
PSIRA
regulation, ‘Uniforms, insi
gnia, badges and firearms,’
PSIRA Regulations 13(5)(6)
Guards are not allowed to
use their personal firearms
Breach of this regulation
may result in a fine or
imprisonment of up to 2
years
106
20
19% 13
12%
0
20
40
60
80
100
120
2012
PSIRA Firearm Compliance
Investigations
2012
Armed Guards investigated
Carrying personal firearms
Not competant

12. Selected PSIRA Regulations
PSIRA regulation, ‘Keeping
of records and documents,’
par 7(f)
Companies must keep daily
logs of activities, including:
If a guard was given a
firearm
The type of firearm
The firearms id number
Ammunition provided
“there are no figures
available on the rate of
diversion [of firearms]…
[nor] on firearm violence
perpetrated by PSCs…this
data (if indeed it is even
collected) is not available
publicly.”
- Flying Below the Rader?
The armed private
security sector in South
Africa, N. Jaynes (2012)

13. Firearms Control Act 60 of 2000
S 3 Guards can only be issued with a firearm
after training and a competency certificate has
been issued
S 4(1) Guards are not allowed fully automatic
or military style weapons
S 125(1)(a)-(g) Central Firearms Registry must
maintain a database of all firearm information

14. Firearms Control Act 60 of 2000
S 102 If a security
provider deregisters it
must inform the CFR of all
its firearms and how it
will dispose of them
If arms are not disposed
of within 90 days SAPS
must confiscate and
destroy them
Sometimes companies
register and then
deregister in order to
obtain licensed firearms.
Licenses are not being
automatically cancelled.
- Eugene
Vilakazi, Director of
PSIRA (2003)
To Parliament

15. PSIRA Compliance Investigations
Head/regional offices
and their jurisdictions
Head
Office
Western
Cape
KwaZulu-Natal
Eastern Cape
Operational Inspectors
Compliance Unit 22
Enforcement Unit 15
Total 37
Security providers per inspector 253
Inspectors have to travel very far in order to regulate the industry

16. PSIRA Compliance Investigations
876
119
14%
123
14%
106
12%
114
13%
103
12%
129
15%
0
100
200
300
400
500
600
700
800
900
1000
2011/2012
PSIRA Investigations of
Security Providers
Total investigations
Deploying unregistered guards
Deploying untrained guards
Failure to pay annual fees
Regulation 10 Documents
Failure to pay minimum wages
Non-compliance with provident
fund

17. PSIRA Compliance Investigations
2955
578
20%
508
17%
944
32%
480
16%
0
500
1000
1500
2000
2500
3000
3500
2011/2012
PSIRA Investigations of
Security Guards
Total investigations
Unregistered
Untrained
Non-compliance with PSIRA ID
cards
Non-compliance with uniform

18. PSIRA Criminal Investigations
240
117
771
0
100
200
300
400
500
600
700
800
900
2011/2012
Reported
Finalised
Pending

19. PSIRA Financial Affairs
-R 23.8 million
-R 9.3 million
-R 25,000,000
-R 20,000,000
-R 15,000,000
-R 10,000,000
-R 5,000,000
R 0
2010/2011 2011/2012
PSIRA Budget Deficit

20. PSIRA Financial Affairs
Overview of Selected Salaries (excluding benefits)
Position Number of employees Average monthly salary
Director 1 R 120 164
Chairperson 1 R 85 426
Director’s PA 1 R 26 630
Chairperson’s PA 1 R 26 630
Senior Investigators 2 R 26 630
Operational Investigators 35 R 23 547

21. PSIRA Financial Affairs
Financial mismanagement straining capacity
Parliament has referred the financial situation
of PSIRA to SCOPA
2011/2012 Annual Report was withdrawn as
Parliament insisted that PSIRA correct the
financial information

22. Private Security Industry Regulation Amendment Bill
Key Amendments:
PSIRA must promote partnerships between the
industry and the police
Requires PSIRA to report to the Minister of Police
quarterly rather than annually
Foreign ownership of security companies limited to
49%
Central Firearms Register must keep database of
every firearm issued to security companies
Provides for parliamentary funding

23. Questions & Comments