The amendments largely have an impact on those who own Private Security Operations.
The amendments in yellow are the more significant ones as they provide that:
- a security business may not use the services of a person who is not registered in terms of the Act to render a security service.
- a private security company may not be owned by foreigners.
- When one makes an application for registration as a security service provider one must submit a certified copy of a valid South African identity document.
- No one will be registered who holds previous criminal convictions
- When a private security business is suspended in respect of the registration of its security businesses, there will be a right to apply for reasons as per PAJA, in order to ensure compliance with the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000),
- The Authority must report suspensions and withdrawals of registration to the Minister and inclusion of particulars relating to suspensions and withdrawals in the annual report of the authority.
- It furthermore requires the publication of a notice in the Gazette regarding the lapsing of the registration of security service providers, and also inclusion of details thereof in the annual report of the Authority.
- The Minister may make regulations in relation to the procedures for the suspension, withdrawal and lapsing of registration; information to be furnished to the Authority by security service providers operating outside the Republic; and minimum standards for security service providers responsible for transportation of cash and other valuable assets; guidelines in respect of insignia, emblem, title or symbol used by security service providers; guidelines in relation to the governance of the Authority.
- The maximum term of imprisonment that may be provided for contravention of the regulations has been increased from 24 months to five years.
- The Authority must inform the Registrar of Firearms under the Firearms Control Act, 2000, of any change or reason that would necessitate the licensing, relicensing or disposal of firearms in the possession of security service providers. It furthermore provides for the submission of a list, upon request of the Authority to the Authority of all firearms registered to a particular security service provider, to a particular security service provider. It places an obligation on the Authority to report to Parliament in respect of information provided to the Authority by the Registrar of firearms.
- Any person who is employed by another person from outside the Republic and is deployed from the Republic to perform armed guard duties outside the Republic must inform the Authority of such deployment and the Authority must inform the South African Police Service.
- Additional offences and penalties. Penalties are provided for natural persons as well as for juristic persons.
A full breakdown of the document is attached for subscribers.
Alison and her great team, Sarah and Colleen