A civil rights organisation has urged the Private Security Industry Regulatory Authority (PSIRA) to redraft regulations on the use of firearms by private security personnel, warning that the present proposals would hamper efforts to combat rampant crime.
The Foundation for Rights of Expression and Equality (Free SA) said the regulations also could have devastating consequences for public safety, economic livelihoods and constitutional rights across the country
The organisation has obtained almost 30,000 objections to the proposed amendments to the Private Security Industry Regulation Act, which police minister Senzo Mchunu gazetted on March 28.
SA’s private security industry employs more than 580,000 personnel — far more than the 180,000 by the police — and played a crucial role in containing the unrest in KwaZulu-Natal and Gauteng in July 2021.
The proposed regulations 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 also would be prohibited from using 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 further not be allowed to carry firearms at taxi ranks, cemeteries, stadiums, shopping malls, churches, restaurants, parks, hospitals, public and private schools or similar facilities.
“The draft regulations are disconnected from the reality of crime in our country. They disarm the very people who are protecting our communities while offering no credible alternative," said Free SA spokesperson Reuben Coetzer.
“In its submission to PSIRA, Free SA highlights that 28,395 individual objections were received via its public participation platform — each voicing opposition to the proposed changes.
“As the voice of nearly 30,000 concerned citizens, Free SA stands ready to support the co-creation of a constitutionally sound and practically effective framework that protects both lives and rights,” Coetzer said.
“These submissions, drawn from communities most affected by crime and violence, reflect a groundswell of democratic resistance to a regulatory framework seen as dangerously out of touch with the realities of everyday South Africans,” he said, adding the objections were not just about “regulatory overreach”, but also about people’s lives.
The sentiments were echoed by the Kungwini Amalgamated Workers Union (Kawu), which represents more than 65,000 security guards in the private security sector.
“The limitations on firearm usage for private security personnel could leave essential services such as armed response units, cash-in-transit operations, mining sites and state assets like Eskom vulnerable to criminal activities," said Khumbulani Moyo, national co-ordinator of Kawu.
Coetzer said Free SA “is calling for the immediate withdrawal of the draft regulations and urges PSIRA to restart the process through transparent, inclusive consultations that reflect the lived realities of South Africans.
“The organisation also calls for a regulatory framework that is clear, enforceable, and supportive of ethical, community-based safety partnerships.”
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”.
The private security industry and some industry analysts have described regulations as “disarming” those trying to fight SA’s the crime scourge.
Moyo called for a balanced approached that upholds public safety “without imposing undue constraints on the sector. It is imperative to legalise and regulate without adding additional burdens that could jeopardise both security and employment within the industry”.
“Private security companies play a pivotal role in safeguarding these areas, and restricting their operational capabilities may hinder their effectiveness,” he added.
In a media statement, PSIRA said it acknowledges the “significant public and industry interest" sparked by the proposed regulations in the R50bn industry.
“In light of the proposed changes, PSIRA reiterates its commitment to ensuring that any regulatory amendments will not compromise the industry’s ability to function effectively. These proposed changes are part of a broader effort to strengthen compliance and oversight, informed by an industry needs analysis."
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