PRESENTATION ON THE SAFETY AT SPORTS AND RECREATIONAL EVENTS BILL TO THE PORTFOLIO COMMITTEE ON SPORT AND RECREATION

1
PRESENTATION ON THE SAFETY AT SPORTS AND
RECREATIONAL EVENTS BILL TO THE PORTFOLIO
COMMITTEE ON SPORT AND RECREATION TUESDAY, 18
AUGUST 2009
1
Private Security Industry Regulatory Authority
2
Overview of presentation
The Private Security Industry Regulatory
Authority and mandate in respect of event
security. Statutory requirements in terms of the
Act and Regulations. Comment on the Safety at
Sports and Recreational Events Bill and proposal
on amendments.
2
Private Security Industry Regulatory Authority
3
REPRESENTATIVES OF THE PRIVATE SECURITY INDUSTRY
REGULATORY AUTHORITY (PSIRA)

• PSIRA reports to the Minister of Police
• Ministerial Intervention Task Team (MITT)
• S.B. Ntuli (Chairperson)
• P. Baloyi
• J. Makina
• NIA
• SAPS

3
Private Security Industry Regulatory Authority
4
REPRESENTATIVES OF THE PRIVATE SECURITY INDUSTRY
REGULATORY AUTHORITY (PSIRA) (..contd)

• Present at public hearing
• S.B. Ntuli - Chairperson (MITT)
• N. Mbodla Director Law Enforcement Department
• S. Badenhorst Manager Law Enforcement
  Department
• S. Zuma Manager Communication

4
Private Security Industry Regulatory Authority
5
OVERVIEW OF THE PRIVATE SECURITY INDUSTRY
REGULATORY AUTHORITY
5
Private Security Industry Regulatory Authority
6
What is the purpose of the Private Security
Industry Regulation Act and why the necessity for
legislation?
Aimed at the establishment of a permanent Private
Security Industry Regulatory Authority To
provide principles for the proper regulation of
the occupation of security service provider and
of the security industry so as to ensure that the
security industry does not threaten or harm the
national interest, the public interest or the
reputation of the industry To promote and
encourage professionalism in the security
industry To provide for the promulgation of an
enforceable code of conduct for security service
providers which prescribes the procedures for its
enforcement, including differential penalties in
respect of different categories of security
service providers Aimed at achieving and
maintaining a trustworthy and legitimate security
industry which acts in terms of the principles
contained in the Constitution and other
applicable law.
6
Private Security Industry Regulatory Authority
7
What is the Private Security Industry Regulatory
Authority in a legal sense?
It is a 1. Statutory 2. Schedule 3 A National
Public Entity (PFMA) 3. Organ of State 4. Charged
with executive responsibility to exercise control
over the private security industry, as
represented by security service providers, in
terms of its statutory objects and by using its
statutory powers
7
Private Security Industry Regulatory Authority
8
What are the objects of regulating the security
industry?
Promote a legitimate private security industry
by exercising control over the security service
providers. The protection of the public interest
and the State interest.   Ensuring that a proper
quality of service is rendered to
consumers.   The protection of the rights of
employee security officers.   The promotion and
protection of the status of the occupation of
security service provider.   The collection of
accurate information on the occupation of
security service provider and the private
security industry in general.
8
Private Security Industry Regulatory Authority
9
Primary Statutory Regulatory Functions
Whilst the Private Security Industry Regulatory
Authoritys functions are numerous and varied,
the most important functions are The
registration of applicant security service
providers and maintenance of a computerized data
base consisting of all registered security
officers and security businesses. As part of
this process the screening of all persons wanting
to enter into the private security industry both
as employers and employees. The overseeing of
quality assurance of training standards. The
inspection of security service providers in order
to determine the level of compliance with all
statutory and common laws applicable to the
occupation of security service providers and the
prosecution of security service providers who
break the law. Advising the Minister of Police
on the making of regulations in terms of the
Private Security Industry Regulation Act or any
matter deemed necessary in respect of the Act.
9
Private Security Industry Regulatory Authority
10
STATUTORY REQUIREMENTS IN TERMS OF THE ACT AND
REGULATIONS AS FAR AS EVENT SECURITY IS CONCERNED
10
Private Security Industry Regulatory Authority
11
DEFINITIONS AND INTERPRETATION

• EVENT SECURITY
• providing a service aimed at ensuring order
  and safety on the premises used for sporting,
  recreational, entertainment or similar purposes
  (Section 1 of the Private Security Industry
  Regulation Act (Act 56 of 2001)
• SPECIAL EVENTS VENUE
• premises used for sporting, recreational,
  entertainment or similar purposes irrespective of
  whether the relevant events take place on an
  ongoing basis or on a single occasion, and to
  which members of the public, or any other
  category or class of the public, are invited or
  to which they are permitted to have access (NQF
  registered unit standard ID 244335)
• Major Event - Declaration by Cabinet (Safety
  and Security structures of the South African
  Government assumes ultimate responsibility for
  the safety and security of the event).

11
Private Security Industry Regulatory Authority
12
DEFINITIONS AND INTERPRETATION (..contd)

• BOARD NOTICE 119 OF 1998 (Training Regulation)
• Persons providing the following categories of
  special events security services must be
  registered
• any person who effects a bodily and/or physical
  search at an entry point to a
  special events venue.
• any person who forms part of a security reaction
  team at a special event.
• any person who effects close protection duties at
  a special event.
• any person handling a dog at a special event.
• any person who forms part of a field control or
  crowd control team at a special event.

12
Private Security Industry Regulatory Authority
13
CATEGORIES OR CLASSES OF SECURITY SERVICE
PROVIDERS THAT MUST BE REGISTERED WITH PSIRA FROM
AN EVENT PERSPECTIVE

• Guarding Sector
• Close protection officers
• Response security
• Event security (security officers/stewards)
• Control room/surveillance operators (cctv,
  alarm, etc.)
• Persons managing, controlling or supervising
  security services
• Installers/repairers of security equipment
  (cctv, alarm, access control, bomb detection,
  metal detection, x-ray inspection, etc)
• Persons giving advice on protection or
  safeguarding of a person or property or on the
  use of security equipment.
• Car guards

13
Private Security Industry Regulatory Authority
14
OBJECTS OF REGULATING SECURITY SERVICE PROVIDERS
RENDERING SECURITY SERVICES AT EVENTS

• To ensure that security service providers
• act in the public interest
• act in a trustworthy and professional manner in
  respect of the rendering of a security service
• provide the fullest protection possible to
  persons who are on a premises or enter or exit a
  premises used for sporting, recreational,
  entertainment or similar purposes
• provide the fullest protection possible to the
  property and interest of the owners and
• respect the rights of members of the public with
  whom they come into contact and to treat them
  in an appropriate and correct manner.

14
Private Security Industry Regulatory Authority
15
CODE OF CONDUCT FOR SECURITY SERVICE
PROVIDERS PURPOSE OF CODE

• The purpose of the Code is to provide binding
  rules that all security service providers and
  employers of in-house security officers must
  obey in order to-
• promote, achieve and maintain a trustworthy and
  professional private security industry which
  acts in terms of the law applicable to the
  members of the industry
• promote, achieve and maintain compliance by
  security service providers with a set of minimum
  standards of conduct which is necessary to
  realise the objects of the Authority

15
Private Security Industry Regulatory Authority
16
CODE OF CONDUCT FOR SECURITY SERVICE
PROVIDERS PURPOSE OF CODE (..contd)

• (c) promote, achieve and maintain compliance by
  security service providers with their obligations
  towards the State, the Authority, consumers of
  security services, the public and the private
  security industry in general and
• (d) ensure the payment of the applicable minimum
  wages and compliance with standards aimed at
  preventing exploitation or abuse of employees in
  the private security industry, including
  employees used to protect or safeguard merely the
  employers own property or other interest, or
  persons or property on the premises of, or under
  the control of the employer.

16
Private Security Industry Regulatory Authority
17
CODE OF CONDUCT FOR SECURITY SERVICE PROVIDERS
(..contd) REGULATION 18

• A security service provider who has contracted
  to render a service aimed at ensuring order and
  safety on premises used for sporting,
  recreational, entertainment or similar purposes,
  whether on his or her own or in conjunction with
  any other person, and any security officer used
  to render such a service, must act in accordance
  with all the obligations imposed by the Act and
  all other applicable legal provisions.

17
Private Security Industry Regulatory Authority
18
COMMENT ON THE SAFETY AT SPORTS AND RECREATIONAL
EVENTS BILL AND PROPOSAL ON AMENDMENTS
18
Private Security Industry Regulatory Authority
19
SECTION 1
Current Definition Proposed Definition
Steward means a person appointed in terms of Section 3(4)(b) Steward means a security officer as defined in Section 1 of the Private Security Regulation Act, 2001 (Act No. 56 of 20001) and a person appointed in terms of Section 3(4)(b)
19
Private Security Industry Regulatory Authority
20
SECTION 16(3)
Current Section Proposed Section
Section 16(3)(a) The event safety and security planning committee consists of- (a) (i) . . (ix) a provincial health department, and Section 16(3)(b) The event security planning committee consists of (a) (i) (ix) a provincial health department and (x) a representative from the Private Security Industry Regulatory Authority
20
Private Security Industry Regulatory Authority
21
PROPOSED PSIRA INVOLVEMENT ON THE EVENT SAFETY
AND SECURITY PLANNING COMMITTEE
Obligations in terms of Section 38(3)(g) of the
Private security Industry Regulation Act (Act 56
of 2001) Information on all security tenders
vetting support Compliance issues which
includes, inter alia, the statutory obligation of
the business towards the Authority   Certificate
of good standing issued in respect of security
businesses which includes, inter alia, the
following information   PSIRA registration
number and registration status Number and
details of employee security officers
and Details and registration particulars of
directors / members / owners
21
Private Security Industry Regulatory Authority
22
PROPOSED PSIRA INVOLVEMENT ON THE EVENT SAFETY
AND SECURITY PLANNING COMMITTEE (..contd)
Illustrative contract pricing structure Informat
ion on employee security officers which includes,
inter alia, the following Registration status
of employee security officers Level of training
and specialization
22
Private Security Industry Regulatory Authority
23
CHALLENGES FOR IMPLEMENTATION OF THE BILL
Different Portfolios under one
legislation Accountability in terms of the
legislation Legislation should not create the
impression that a new Authority is created to
regulate a specific category of security service
provider
23
Private Security Industry Regulatory Authority
24
THANK YOU Private Security Industry Regulatory
Authority 481 Belvedere
Street Arcadia Pretoria Tel No. (012)
337 5500 Website www.psira.co.za
24
Private Security Industry Regulatory Authority