PRESENTATION ON THE SAFETY AT SPORTS AND RECREATIONAL EVENTS BILL TO THE PORTFOLIO COMMITTEE ON SPORT AND RECREATION TUESDAY, 18 AUGUST 2009 Private Security Industry Regulatory Authority 1

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.

Private Security Industry Regulatory Authority 3 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)

Private Security Industry Regulatory Authority 4 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 SECURITY INDUSTRY REGULATORY AUTHORITY Private Security Industry Regulatory Authority 5

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.

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

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.

Private Security Industry Regulatory Authority 9 Primary Statutory Regulatory Functions 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 IN TERMS OF THE ACT AND REGULATIONS AS FAR AS EVENT SECURITY IS CONCERNED Private Security Industry Regulatory Authority 10

11 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 ) * 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

Private Security Industry Regulatory Authority 12 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)

Private Security Industry Regulatory Authority 13 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

Private Security Industry Regulatory Authority 14 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

Private Security Industry Regulatory Authority 15 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 PROVIDERS PURPOSE OF CODE

Private Security Industry Regulatory Authority 16 (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 PROVIDERS PURPOSE OF CODE (…..cont’d)

Private Security Industry Regulatory Authority 17 “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 PROVIDERS (…..cont’d) REGULATION 18

COMMENT ON THE SAFETY AT SPORTS AND RECREATIONAL EVENTS BILL AND PROPOSAL ON AMENDMENTS Private Security Industry Regulatory Authority 18

19 SECTION 1 Current DefinitionProposed 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)

Private Security Industry Regulatory Authority 20 SECTION 16(3) Current SectionProposed 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

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

Private Security Industry Regulatory Authority 22 PROPOSED PSIRA INVOLVEMENT ON THE EVENT SAFETY AND SECURITY PLANNING 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

Private Security Industry Regulatory Authority 23 CHALLENGES FOR IMPLEMENTATION OF THE 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

Private Security Industry Regulatory Authority 24 THANK YOU Private Security Industry Regulatory Authority 481 Belvedere Street ArcadiaPretoria Tel No.: (012) Website: