Analysis of the private security industry 29 Aug 2013

Analysis of the Private Security Industry

June 2013

Private Security Industry

2002/2003 2003/2004 2004/2005 2005/2006 2006/2007 2007/2008 2008/2009 2009/2010 2010/2011 2011/20120

1,000

2,000

3,000

4,000

5,000

6,000

7,000

8,000

9,000

10,000 9,364

1,125

Registered Private Security Compan-ies

2002 - 2012

Private Security Companies Police Stations

8 private security companies for every 1 police station

Private Security Industry

3 active security guards for every 1 police person

2002/2003 2003/2004 2004/2005 2005/2006 2006/2007 2007/2008 2008/2009 2009/2010 2010/2011 2011/201250,000

100,000

150,000

200,000

250,000

300,000

350,000

400,000

450,000 427,174

157,380

Registered Active Security Guards2002 - 2012

Private Security Guards Police Officers

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

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

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

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

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 lawsPromote professional, open, accountable, equitable and accessible industryDetermine and enforce minimum standardsEnsure registration of guards is open, fair, objective and concluded timeouslyPromote high standards of trainingEnsure security companies comply with legislation through active monitoring and investigation

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

Selected PSIRA RegulationsPSIRA regulation, ‘Uniforms, insignia, badges and firearms,’ par 3(b)

Guards uniform must clearly display

Company logoName of companyGuards nameGuards registration no.

Armed guard outside Gauteng South High CourtNo visible identification

Selected PSIRA RegulationsPSIRA regulation, ‘Uniforms, insignia, 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

20120

20

40

60

80

100

120

106

2019% 13

12%

PSIRA Firearm Compliance Investigations

2012

Armed Guards investigatedCarrying personal firearmsNot competant

Selected PSIRA RegulationsPSIRA regulation, ‘Keeping of records and documents,’ par 7(f)

Companies must keep daily logs of activities, including:

If a guard was given a firearmThe type of firearmThe firearms id numberAmmunition 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)

Firearms Control Act 60 of 2000S 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

Firearms Control Act 60 of 2000S 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

PSIRA Compliance Investigations

Head/regional offices and their jurisdictions

HeadOffice

WesternCape

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

PSIRA Compliance Investigations

2011/20120

100

200

300

400

500

600

700

800

900

1000

876

11914%

12314%

10612%

11413%

10312%

12915%

PSIRA Investigations of Security Providers

Total investigationsDeploying unregistered guardsDeploying untrained guardsFailure to pay annual feesRegulation 10 DocumentsFailure to pay minimum wagesNon-compliance with provident fund

PSIRA Compliance Investigations

2011/20120

500

1000

1500

2000

2500

3000

3500

2955

57820%

50817%

94432%

48016%

PSIRA Investigations of Security Guards

Total investigationsUnregisteredUntrainedNon-compliance with PSIRA ID cardsNon-compliance with uniform

PSIRA Criminal Investigations

2011/20120

100

200

300

400

500

600

700

800

900

240

117

771

ReportedFinalisedPending

PSIRA Financial Affairs

2010/2011 2011/2012

-R 25,000,000

-R 20,000,000

-R 15,000,000

-R 10,000,000

-R 5,000,000

R 0

-R 23.8 million

-R 9.3 million

PSIRA Budget Deficit

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

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

Private Security Industry Regulation Amendment Bill

Key Amendments:PSIRA must promote partnerships between the industry and the policeRequires PSIRA to report to the Minister of Police quarterly rather than annuallyForeign ownership of security companies limited to 49%Central Firearms Register must keep database of every firearm issued to security companiesProvides for parliamentary funding

Questions & Comments