PROPOSED AMENDMENTS TO THE PSIRA REGULATIONS ACT 56 OF 2001 (Government Gazette 52388)
Date: 21 (04)
Dear Member,
The proposed amendments to the Regulations of the Private Security Industry Regulation Act, 2001 (Act 56 of 2001) (PSIRA) are flawed and unjust and will cripple the security industry; the only real barrier between the citizenry and the criminals due to SAPS’ serious lack of effective policing and protection for the ordinary man (there are roughly 4 security officials for every 1 police official).
Stakeholders have raised concerns over these amendments, and for good reason, as the following are some of the proposals that will not only stonewall service delivery by a security business, but will over-regulate them and put unnecessary administrative- and a financial burden on them:
· Regulation 13A(1)(j)&(k). PSIRA, (the Authority), may suspend the services of a security business, and the latter may therefore not issue firearms to its’ employees when under investigation or pending improper conduct enquiry, thus, taking away the presumption of innocence until proven guilty.
· Regulation 13A(1)(q) &(u). Restricting the issuing of firearms to security officers posted at a taxi rank, cemetery, stadium, shopping mall, church, restaurant, park, hospital, public and private school, and other similar public places. If the security business intends to do so, it must meet strict requirements and cannot do so at a declared firearm free zone, must be in the interest of public safety, a risk assessment report has to be submitted to the Authority and there is no alternative means or protection.
· Regulation 13A(1)(s). Restriction on the quantity of ammunition a security business may provide to a security officer. No more than “a reasonable quantity” (what is a reasonable quantity?)
· Regulation 13A(8)(f). Ensure that security officers issued with firearms are properly assessed at least once a year at the cost of the security business, re their visual and audio capacity, locomotive system, neurological system and general mental and emotional condition.
· Regulation 13A (12)&(13). A Security business may only issue a semi-automatic rifle to a security officer for rendering of one or more of the following services, like cash in transit, at Critical Infrastructure and anti-poaching services, but the Authority may recommend / approve a different category or class other than mentioned semi-automatic rifle, on good cause shown by the security business.
· Regulation 13A (16). A security business must install a tracking device in every firearm to track possession of, and use of same.
· Regulation 13B (17). A security business may not use tasers, tear gas, a water cannon, sponge grenade, rubber / plastic bullet, and any other weapon that may harm civilians.
We as responsible firearms owning public should in unison, work hard to stop these proposed amendments to be passed as it will impact our core values, such as life, freedom, liberty, equality, respect for the law & civic engagement.
The PSIRA Council and the Minister of Police should have rather initiated a consultative process with stakeholders to keep to the main aims of the private security industry act; and its primary objectives which include raising industry standards, professionalising the sector, and eliminating criminal elements.
If it is true that no public participation was realised in drafting of the proposals, before publishing the amendments, the already Gazetted proposals might be stopped even before it gets any further just because of that administrative oversight by the compilers of the proposals.
Despite security services not being directly part of Natshoot and its members’ main field of interest, we will submit comprehensive written comment before the deadline of 25 April 2025 as this catastrophic and badly intended proposed amendments by relevant authorities, may well be the first shots for bigger efforts to also try to radically change the Firearms Control Act as was the effort of 2021 (see Newsletter Vol. 17 (23) of 22-06-2021).
The last statement is not without merit: As “…a significant number of firearms are in the possession of private security companies in South Africa, with the total reaching 126 529. This figure, which was disclosed on 30 September 2024 by the Minister of Police after a parliamentary question, reflects the extent of the armed presence these companies maintain across the country” (https://www.defenceweb.co.za).
To view the relevant sections of Government Gazette 52388, please click here https://www.gov.za/sites/default/files/gcis_document/202503/52388gen3088.pdf
Please stay safe and protect yourself at all times
Kind Regards.
Natshoot Office