The Private Security Industry Regulatory Authority (PSIRA) recently published proposed amendments to the security industry, which amendments seek to drastically restrict the use and carrying of firearms, weapons and other equipment such as handcuffs, tear gas and equipment.
These regulations were not well received by the public, security officers, and security firms.
Baartman & Du Plessis Attorneys almost immediately received instructions from more than 50 participants in the Security Industry, including employers of in-house security officers, to made their disapointment known and to object to the introduction of these proposed regulations. Our large client base in the Security Sector wants to take action.
The proposed amendments to the Private Security Industry Regulations are characterised by weak sentence construction and poor syntax. To make matters worse, the authority’s (PSIRA) attempt to cast their proverbial net as wide as possible, culminated in unnecessarily wide, vague and ambiguous provisions. Important definitions, such as “dangerous weapons” have been omitted, presumably in order to usurp as much power as possible by allowing for discretionary interpretation by means of unilateral directives.
Our objections were based on the following grounds: –
1. It was unconstitutional alternatively would bring about an infringement of citizens constitutional rights;
2. it is vague, ambiguous and simply embarrassing in the true sense of the word;
3. it demonstrated no regard for the life safety and property of the citizens and those security officers tasked to protect them;
4. it would overburden the already fragile security industry with additional costs amounting to millions of rands.
These regulations bolster our clients’ beliefs that the Private Security Industry Regulation Authority lacks the operational knowledge required to successfully operate effective security services within the South African context.
Publishing of these regulations will ultimately result in constitutional litigation.
Baartman & Du Plessis Attorneys has been proudly serving the Private Security Community since 2003.
