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

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

ON SPORT AND RECREATIONON SPORT AND RECREATION

TUESDAY, 18 AUGUST 2009TUESDAY, 18 AUGUST 2009

Private Security Industry Regulatory Authority

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Overview of presentationOverview 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.


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PSIRA reports to the Minister of Police

Ministerial Intervention Task Team (MITT)

S.B. Ntuli (Chairperson)

P. Baloyi

J. Makina

NIA

SAPS

REPRESENTATIVES OF THE PRIVATE SECURITY INDUSTRY REGULATORY AUTHORITY (PSIRA)


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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

REPRESENTATIVES OF THE PRIVATE SECURITY INDUSTRY REGULATORY AUTHORITY (PSIRA)

(…..cont’d)

OVERVIEW OF THE PRIVATE OVERVIEW OF THE PRIVATE SECURITY INDUSTRY SECURITY INDUSTRY

REGULATORY AUTHORITYREGULATORY AUTHORITY


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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.


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What is the Private Security Industry What is the Private Security Industry Regulatory Authority in a legal sense?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


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What are the objects of regulating the What are the objects of regulating the security industry?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.


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Primary Statutory Regulatory Primary Statutory Regulatory FunctionsFunctions

Whilst the Private Security Industry Regulatory Authority’s 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.

STATUTORY REQUIREMENTS STATUTORY REQUIREMENTS IN TERMS OF THE ACT AND IN TERMS OF THE ACT AND REGULATIONS AS FAR AS REGULATIONS AS FAR AS

EVENT SECURITY IS EVENT SECURITY IS CONCERNEDCONCERNED


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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).

DEFINITIONS AND INTERPRETATION


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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.

DEFINITIONS AND INTERPRETATION (…..cont’d)


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• 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

CATEGORIES OR CLASSES OF SECURITY SERVICE PROVIDERS THAT MUST BE REGISTERED WITH

PSIRA FROM AN EVENT PERSPECTIVE


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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.

OBJECTS OF REGULATING SECURITY SERVICE PROVIDERS RENDERING SECURITY SERVICES AT

EVENTS


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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-

(a) 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;

(b) 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

CODE OF CONDUCT FOR SECURITY SERVICE CODE OF CONDUCT FOR SECURITY SERVICE PROVIDERSPROVIDERS

PURPOSE OF CODE PURPOSE OF CODE


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(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 employer’s own property or other interest, or persons or property on the premises of, or under the control of the employer.

CODE OF CONDUCT FOR SECURITY SERVICE CODE OF CONDUCT FOR SECURITY SERVICE PROVIDERSPROVIDERS

PURPOSE OF CODE (…..cont’d)PURPOSE OF CODE (…..cont’d)


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“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.”

CODE OF CONDUCT FOR SECURITY SERVICE CODE OF CONDUCT FOR SECURITY SERVICE PROVIDERS (…..cont’d)PROVIDERS (…..cont’d)

REGULATION 18REGULATION 18

COMMENT ON THE SAFETY AT COMMENT ON THE SAFETY AT SPORTS AND RECREATIONAL SPORTS AND RECREATIONAL EVENTS BILL AND PROPOSAL EVENTS BILL AND PROPOSAL

ON AMENDMENTSON AMENDMENTS


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SECTION 1SECTION 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)


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SECTION 16(3)SECTION 16(3)

Current Section Proposed SectionSection 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


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PROPOSED PSIRA INVOLVEMENT ON THE PROPOSED PSIRA INVOLVEMENT ON THE EVENT SAFETY AND SECURITY PLANNING EVENT SAFETY AND SECURITY PLANNING

COMMITTEECOMMITTEE

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


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PROPOSED PSIRA INVOLVEMENT ON THE PROPOSED PSIRA INVOLVEMENT ON THE EVENT SAFETY AND SECURITY PLANNING EVENT SAFETY AND SECURITY PLANNING

COMMITTEE (…..cont’d)COMMITTEE (…..cont’d)

Illustrative contract pricing structure

Information on employee security officers which includes, inter alia, the following:

Registration status of employee security officers

Level of training and specialization


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CHALLENGES FOR IMPLEMENTATION OF CHALLENGES FOR IMPLEMENTATION OF THE BILLTHE BILL

Different Portfolio’s 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


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THANK YOUTHANK YOUPrivate Security Industry Regulatory Authority Private Security Industry Regulatory Authority

481 Belvedere Street481 Belvedere Street

ArcadiaArcadia

PretoriaPretoria

Tel No.: (012) 337 5500Tel No.: (012) 337 5500

Website: Website: www.psira.co.za

http://www.psira.co.za/

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