South African Security Regulatory Authority (PSiRA) Regulations

South African Security Regulatory Authority (PSiRA) Regulations

(Notice 3088/2025) – Bertus Steenkamp

On 4 April 2025, the Minister of Police, in consultation with the South African Security Regulatory Authority (PSiRA), published Notice 3088/2025 to amend the Private Security Regulation Act – Act 56/2001 and Draft Amendment to the Private Security Industry Regulations, 2002. The proposed amendments will control the possession of firearms everywhere and constrain the ability of the security industry to respond to dangerous situations.

A Negative Influence on Safety and Security

  The new regulations will have a negative influence on public safety and stability.

The security industry has more than 608,977 active security officers and is critical in keeping South Africa stable and safe. The yearly escalation of crime put serious pressure on the SA Police resources because the SA Police couldn’t attend to crime on time. The “Africa Organised Crime Index 2023 assesses SA as the third most violent country in the world. The informal settlements experienced these crimes first-hand, and several demonstrations (Cape Flats) took place demanding more visible policing. However, the police don’t have the resources to do this.  The private security industry supports the police in this regard and provides operational and crime intelligence.  Without this support, the SA Police must deploy more of their limited resources.  If these amendments are implemented, the SA Police cannot attend to this extra load. The security industry is critical to the stability and security of SA, a prime example is the Cape Flats.

The Amendments are not clear

The control of firearms is discussed in detail. The proposed amendments are intended to tighten firearm and weapon controls because PSiRA believes criminals have infiltrated the security companies. However, the amendments are not clear, leaving several questions.  Questions such as:

1. A weapon can include any object other than a firearm. The security service must assess risk before issuing a security officer with any weapon. The risk assessment by the security company can be doubtful due to unknown circumstantial evidence, which can lead to more complications in the security officer’s proper use of a weapon.
2. Embargo on the use of firearms in public areas. However, criminals don’t abide by any law. If the security office has no protection, who will attend to an armed robbery and safeguard the citizens? The outcome will be that businesses will buy and use weapons under the present legislation.
3. A public area is unclear. The amendments refer to “taxi rank, shopping malls, churches, hospital, public and private schools, “and “other similar public establishments.”  (3.13A.q) According to this amendment, a public road can also be considered a public area. What about car/truck hijacking?
4. To use a firearm in a public space, a risk assessment report must be submitted to the Authority before the operation. Criminal acts or not time-bound and security officers must be able to adjust their actions as the situation at the scene demands.
5. A tracking device will be installed by a service provider authorised and approved by the authority (PSiRA) and fitted to new and existing firearms. Who will control this high-tech system and information security (cybercrime) about the weapon position? Could this not play into the hands of the criminals, avoiding potential conflict with the security officers?
6. A security officer will be provided with no more than a reasonable quantity of ammunition. What is a reasonable amount of ammunition? The situation on the ground will determine the action and the amount of ammunition.
7. Embargo on using Tasers, Tear gas, Water cannon, Sponge granate Rubber/plastic bullet and “any weapon that may harm civilians.” (13 B. 17). These weapons were the most successful in stabilising Durban in 2021.
8. Embargo on the use of weapons during assemblies, demonstrations, protests, meetings, or any other incidents involving crowd management. The display of weapons during a protest can have two outcomes: the de-escalation of a potential threat has occurred, and it provides time for reinforcements, or the escalation of the potential unrest. What alternative weapons or protection mechanisms are prescribed by PSiRA?

The amendments are not clear and will negatively influence the role of the security industry, as well as public safety and stability.

Recommendations

1. The current laws on the security industry and their application must be applied and evaluated before you can amend or make new recommendations.
2. Create an independent consultation process to gather information and input from all sectors of the security role players, including the state/private security industry, Law practitioners, trainers in the practice of security, and academics in crime assessment.
3. The authority to conduct an impact study of the socio-economic factors to determine the impact on small businesses and potential job losses.
4. Psychological testing must be standardised for security officers potential employment with the relevant controlling bodies for oversight.
5. Lifting the embargo on non-lethal weapons like Tasers, tear-gas, and rubber bullets is critical for crowd control use.
6. Time must be given to implement the system changes and consider public input and opinion.
7. The revision is required for the identification of weaponry in public spaces where weapons can be carried, as described above regarding competency qualification, as deemed by the authority.

CONCLUSION

South Africans need to be safe and secure. The present amendments concentrate more on control than safety. Regulations are required, but must be practical, inclusive, and knowledgeable. Without this, South Africans may be left in the cold.

 Bertus Steenkamp