In terms of the Private Security Industry Regulation Act, 2001 the Authority must determine and enforce minimum standards of occupational conduct in respect of security service providers. In this regard, the Authority has a dual responsibility of determining minimum standards of occupational conduct in respect of security service providers as well as enforcing such standards.
Accordingly the Authority must be actively involved in setting standards within the private security industry in order to ensure a legitimate private security industry. Having minimum standards in this industry is however worthless without having an appropriate mechanism to enforce such minimum standards. Regulation generally means that important aspects of the nature and activities of the security industry are controlled and shaped through enforcement strategies and actions in accordance with the values, principles and standards as contained in the legislation.
The enforcement of minimum standards of occupational conduct in respect of security service providers is extensively covered in Chapters 4 and 5 of the PSIR Act, as well as the statutory Code of Conduct for Security Service Providers, 2003 and the Improper Conduct Enquiries Regulations, 2003. The Code of Conduct is a central element of a proper regulatory framework and places the responsibility on security service providers to adhere to the minimum standards that are aimed at promoting responsible conduct, trustworthiness, quality of service and adherence to other relevant laws. The Code also recognises the obligations towards the regulatory Authority and the occupation in general that has a direct impact on clients, security providers, employees, employers, etc.
To give effect to PSIRA’s objective and mandate in enforcing minimum standards, the Authority implemented a compliance and enforcement strategy that provides for two Departments - a Compliance Department and an Enforcement Department. This strategy includes enforcement and prosecution as well as a new focus on regulatory compliance through the inspection and education of security service providers.
INDUSTRY COMPLIANCE BAROMETERS
Legal Services unit provides prosecutorial services for improper code of conduct dockets. The unit certifies dockets and ensures successful prosecution through processes geared for effective regulation. This includes the determination of the contravention and ultimately the finalization of the case. Legal services ensures that there is efficiency in the prosecution of all contraventions of the PSIR Act and has put in place measures to ensure that the process of prosecution is concluded within 90 days.