In a move that could radically change how the private security industry operates, police minister Senzo Mchunu has proposed a raft of regulations on firearm use that has been described as “disarming” those trying to fight the crime scourge.
The proposed amendments, under the Private Security Industry Regulation Act, which Mchunu quietly gazetted on March 28, will bar security guards from using “prohibited weapons” such as tasers, teargas, water cannon, sponge grenades, rubber/plastic bullets “and any other weapon that may harm civilians”.
Security guards may not use a weapon during assemblies, demonstrations or protests, meetings or any other incidents classified as crowd management unless the use of such weapons is authorised and permitted in terms of the law.
Security service providers will be prohibited from carrying firearms in taxi ranks, cemeteries, stadiums, shopping malls, churches, restaurants, parks, hospitals, public and private schools or similar facilities.
SA’s private security industry employs more than 580,000 personnel — far more than the 180,000 by the police. And it played a crucial role in containing the unrest in KwaZulu-Natal and Gauteng in July 2021.
According to the draft amendments, security companies using firearms to render security services must install “a tracking device in every firearm to track possession and use of such firearms as part of the reporting procedures”.
Defence and security analyst Helmoed-Römer Heitman characterised the draft amendments as a “bad idea that is entirely divorced from reality”.
“We have serious crime and a police service that is too small, quite apart from its other problems, and it’s difficult for law-abiding citizens to arm themselves. Now they want to reduce the capability of the security industry. That suggests a complete failure to grasp reality by ministers and senior officials who enjoy armed bodyguards.”
Fidelity Services Group head of marketing and communications, Charnel Hattingh, said she would respond this week. Other security firms including G4S, SBV Services, TRSS, and Thorburn did not immediately respond to requests for comment.
David Bruce, consultant on policing to the Institute for Security Studies, said many private security companies play a valuable and important role in promoting greater security and safety.
“At the same time there is a concern that there are companies that have links to, or are fronts, for organised crime. A major challenge for SA regards the supply of illegal firearms. There is evidence that one of the sources of supply of illegal firearms is private security companies that are linked to the criminal economy,” Bruce said.
“It is to be hoped that the process of consultation on the regulations will result in strengthening provisions with regard to firearms used by private security companies. It would benefit law-abiding companies and the public if the regulations can be strengthened to help ensure that all firearms under the control of private security companies are fully accounted for at all times.”
Bruce said the draft regulations “do not reflect a clear approach to the use and possession of firearms and other weapons by the private security industry. Several aspects have not been thoroughly considered. The regulations will need a lot of work to be practical.”
Civil rights organisation Free SA called the draft regulations “vague, unworkable and a serious threat to public safety”. More than 12,000 public objections have already been submitted through its platform.
“These proposed regulations would make it nearly impossible for security firms to operate effectively,” Free SA spokesperson Reuben Coetzer said.
“They impose undefined standards, mandate nonexistent technologies and restrict the tools necessary for protection. Worse, they allow authorities to suspend businesses merely on investigation, not proof.”
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