COMMENTARIES FROM INTERESTED PARTIES

COMMENTARIES FROM INTERESTED PARTIES
CLAUSE	AUTHOR	SUMMARY OF COMMENT
Title of the Bill	Dirk Lambrechts Legal Tutor	* The Bill should be called "The Asset Protection Bill" because of the possible confusion of the word "Security" which also refers to other security services such as the SAPS. It was conceded that the word "Asset" was in turn to narrow and does not include the protection of "persons".
Preamble	Prof H Visser Security Officers’ Interim Board	The Board takes a critical view of the preamble to the Bill and prefers the preamble contained in the version approved by the Cabinet and recommends that the Cabinet approved preamble be reinstated.
Chapter 1 Heading of Chapter	Prof H Visser Security Officers’ Interim Board	The heading of Chapter 1 seems to be incorrect as clause 1 does not contain a reference to "interpretation". This term should be removed from the heading.
1 "locksmith"	Blake, Bester Inc On behalf of: CBSE, NOPSA, SAIDSA, SANSEA and SSEO	The definition is inordinately wide. The word "normally" in the (a) portion has no definite content. The (d) portion would include practically every hardware business and heelbar/key cutting kiosk. It is questionable whether registration of these businesses are practical or desirable or intended. The word "repetitive" does not exclude mere key cutting operations but rather exclude manufacturers.
1 "person"	Prof H Visser Security Officers’ Interim Board	It is submitted that the definition of "person" in the Cabinet approved version of the Bill is understandable to the average reader. The current definition of "person" which states that it includes a business trust and a foundation is likely to confuse the average reader.
1 "person"	Blake, Bester Inc On behalf of: CBSE, NOPSA, SAIDSA, SANSEA and SSEO	Does not include "foundation".
1 "polygrapist"	Blake, Bester Inc On behalf of: CBSE, NOPSA, SAIDSA, SANSEA and SSEO	The Associations oppose the inclusion of polygrapist’s services under "security services". The definition is wide enough to include e.g. judges, advocates and attorneys.
1 "private investigator"	Louis Siebrits Researcher	It is proposed that it should be indicated which activities are not regarded as private investigators activities. It is proposed that entrance level requirements are set which are higher than those for an ordinary security officer. It is proposed that the private investigator sector should be compelled to reveal its database to the NIA and the SAPS. Activities performed by sources and agencies of the intelligence services and police be excluded from the regulation.
1 "private investigator"	Prof H Visser Security Officers’ Interim Board	The definition of "private investigators" should be focussed on those activities of private investigators which are in need of regulatory control. The Board notes that the definition of "Private investigators" is very wide.
1 "private investigator"	Telkom Telecoms Legislation and Policy Development	The definition of "private investigator" should be amended by the insertion of the words: "but shall exclude any business intelligence operations which a company may undertake in the course and scope of its normal endeavours to safeguard its security, strategic, operational, and business interests and that of its holding company or subsidiaries."
1 "private investigator"	Blake, Bester Inc On behalf of: CBSE, NOPSA, SAIDSA, SANSEA and SSEO	The Associations oppose private investigators being regulated as part of the security industry.
1 "private investigator"	Blake, Bester Inc On behalf of: CBSE, NOPSA, SAIDSA, SANSEA and SSEO	The Associations oppose private investigators being regulated as part of the security industry. Not only will it cause the Authority to involve itself with issues extraneous to the core of the private security industry, but will also provide an inappropriate instrument to control an industry that needs to be addressed separately.
1 "property"	Prof H Visser Security Officers’ Interim Board	The Board is of the opinion that the definition of "property" should be extended to include "electronic data".
1 "property"	Blake, Bester Inc On behalf of: CBSE, NOPSA, SAIDSA, SANSEA and SSEO	The protection of any right to property could include for example attorney’s and advocates.
1 "security business"	Blake, Bester Inc On behalf of: CBSE, NOPSA, SAIDSA, SANSEA and SSEO	The term "security business" specifically excludes security officers. This creates confusion, more so because the definition of the term "security service provider", does not expressly include a security officer.
1 "security equipment"	Prof H Visser Security Officers’ Interim Board	The definition of "security equipment" is not comprehensive enough in certain respects. It is recommended that attention be given to the following : (a) there should be reference to "armoured vehicles", and (b) equipment designed to open locks by means other than procedures normally used.
1 "security officer"	Telkom Telecoms Legislation and Policy Development	This includes many of Telkom’s employees who render "security services".
1 "security service"	Louis Siebrits Researcher	An impression of compilation of various principles found in international private security industry is created without considering how these principles will be applied in practise. This is raised with regard to the definition of what constitutes a security service. He refers specifically to the following sectors: Private investigator Manufacturing, importing and distribution of equipment which could be in contravention of the Prohibition of Interception and Monitoring Act, 1992. (No. 17 of 1992) Installing, servicing and repairing of electronic security equipment. The implication created in the inclusion of all individuals involved is that these sectors need to be registered with the Regulatory Authority. It is proposed that these qualification demarcations ito each occupational group should be pre-determined and legislated before the Bill can be effectively implemented and policed. The Bill does not state clearly what and whom is not regarded as a security service.
1 "security service"	G Diliza Chamber of Mines of South Africa	The Chamber’s members are totally opposed to the inclusion of in-house security services under the ambit of the proposed legislation. There is already adequate protection by various legislation regulating the mining industry. There is a major difference between in-house and contract security concerning the nature, type of work, status and financial reward. The authority offers little, if any, benefit to the in-house security employee and his employer. Any further regulation of mining industry will result in negative cost implications.
1 "security service"	Prof H Visser Security Officers’ Interim Board	As far as "security service" is concerned to remove any possible doubt about the nature of this security service either of the following definitions should be added : "Protecting or safeguarding cash or valuables that are being transported"; or "Providing an active or passive secured transportation service in connection with the safeguarding of property in any manner"; or "Transporting money for or on behalf of a client, including the depositing or withdrawal of money, the making up of money in specified amounts, the placing of specified amounts in envelopes or other containers and the handing over thereof to persons, as instructed by client, and transporting any other goods that have to be guarded or protected while in transit". "Supplying dogs or other working animals to be used for the rendering of a security service"should be added to the definition of "security service" in order to maintain standards and protect the public interest to ensure regulatory control over centres making dogs available to the security industry. The Board, on further consideration that the ambit of activities covered is not unnecessarily wide, now support the inclusion of locksmiths in the scope of regulation. * Locksmiths require part regulation only. The SOIB does not oppose their own separate law in principle. The Board is of the opinion that there is a need to regulate on the issue of commercial "house-sitters" and "car watch" activities. It is suggested that reference should be made to these issues in the definition of "security service".
1 "security service"	Shadrack Dladla The Security Industry Association of South Africa	Car guards: No provision in current Bill regulating above. The following types of services by car guard service providers must be registered: Formal - Type of service to be registered and provided for in this Act. - Contractual undertaking. - Functions limited to safe guarding of motor vehicles. - Provision for offences. Informal - Excluded from this regulation. - No contractual undertaking. House sitter : Must be compulsory registration.
1 "security service"	Blake, Bester Inc On behalf of: CBSE, NOPSA, SAIDSA, SANSEA and SSEO	The inclusion of categories such as locksmiths, private investigators and polygrapist, which do not logically fall under the security industry, will complicate the system and lead to unnecessary additional costs.
1 "security service"	Polygraph Association of South Africa	It is suggested that the Security Industry’s role vis-à-vis the regulation of the polygraph profession be limited and that polygraph examiners be categorized and regulated as Security Consultants. The following amendment is suggested: "(g) performing the functions of a polygrapist within the security industry".
1 "security training"	Prof H Visser Security Officers’ Interim Board	It is proposed that the definition of "security training" should read as follows : Providing security training or instruction, or facilitating the provision of such training or instruction, to a security service provider or prospective security service provider." The deleted provision that provides for the Minister to include service’s or equipment in the scope of regulation by notice in the Gazette which was in the version of the Bill approved by Cabinet, should be reinstated.
1(2)	G Diliza Chamber of Mines of South Africa	The possibility of an exemption under this provision is not sufficient to address the Chamber’s concerns. This is because exemption is not automatic and is at the discretion of the Minister, who must also consult the authority. If it is still decided not to exclude in-house security services, then the Chamber requests that the clause be amended. Firstly, to provide that such services be exempted if the Minister is satisfied that there are measures in place that ensure that the objectives of the provisions will not be prejudiced. Secondly, exemption from the obligation to pay monthly amounts to the authority to the extent that security service providers and security officers derive no direct benefit from that authority.
1(2)	Telkom Telecoms Legislation and Policy Development	All in-house security, investigations and intelligence functions performed by commercial companies, that do not have as their principal business the provision of security or private investigations to third parties, be expressly excluded from the application of the Bill. * Telkom is established in terms of legislation. Such legislation and Ministerial involvement makes Telkom already responsible, and it should therefore not be subject to the Bill.
2	Nico F Williams	A Public Corporation should be established by the State to become the sole provider of Security Services to the public and private sector. This institution must preferably be managed by the Departments of Safety and Security, Public Enterprises, Correctional Services and Defence. Every citizen be compelled by law to purchase security services only from this corporation. Employees be trained and equipped with powers to act as peace officers if and when the need arise. This will boost the manpower of our security forces.
3	Dirk Lambrechts Legal Tutor	Section 199 of the Constitution requires that armed organisations or services be established only in terms of national legislation.
3	Confederation of Employers of South Africa (COFESA)	Additional regulation of the industry will retard growth and result in administrative difficulties. Government to regulate private security industry without violating Constitutional rights. * Over regulation will prevent the entry of small firms into the security industry. Needs of country served within the framework of security industry. Necessity of "Board" or "Council" as alternative structure to develop and promote security.
3	South African Security Association (SASA)	SASA is concerned that the objects and functions of the proposed Authority is too wide and that attention to the core activities will suffer as a result. Recognises the need for regulating the industry and the general thrust and intent of the Bill is supported by SASA. Over regulation can lead to over standardisation and to a lowering of professional standards. It may also inhibit innovation and entrepreneurial spirit. The Bill should also regulate non-registered security service providers.
3	Louis Siebert Researcher	The draft Bill creates the impression of trying to regulate the whole spectrum of private security industry without consideration of the diversity of the industry.
3	Prof H Visser Security Officers’ Interim Board	The Board is of the opinion that the functions of the proposed regulator in this regard do not go far enough. It is proposed that there should be a clause specifically empowering and obliging the new regulator to take steps, for example, to address matters such as restitution of wages to security officers who have been illegally underpaid.
3(a)	Confederation of Employers of South Africa (COFESA)	Safety and security is a "first generation right" versus section 205(3) of the Constitution a "second generation" right.
3(c)	Prof H Visser Security Officers’ Interim Board	The Board propose that this provision reads as follows : "(c) promote a security industry which is characterized by professionalism, the principles of democracy, transparency, accountability, equity and accessibility."
3(h)	Confederation of Employers of South Africa (COFESA)	Establishment of professional association to promote status and interest.
3(i)	Confederation of Employers of South Africa (COFESA)	Registration will result in negative cost implications and retard growth.
3(j)	National Thoroughbred Trust (Now The South African Horse Trust)	The increasing number of security companies recruiting horses as a mode of crime prevention, necessitated their education in the proper management of horses. The National Thoroughbred Trust therefor offers their services in this regard.
3(j)	Confederation of Employers of South Africa (COFESA)	Training of people according to personal needs of each security firm.
3(j)	South African Security Association (SASA)	Duplication with other Government Departments, particularly in regard to education and training should be avoided.
3(j)	Louis Siebrits Researcher	The issue of dog handlers be specifically included in the Bill with regard to training requirements of such persons and protection of these animals from abuse. The regulation of training standards is a duplication of functions performed by the South African Qualification Authority (SAQA) and the National Qualifications Framework (NQF) and POSLEC Standard Generating Body, which may cause uncertainty. The regulation of firearm training should also be legislated under the Bill and not only under the Firearms Control Bill.
3(j)	Blake, Bester Inc On behalf of: CBSE, NOPSA, SAIDSA, SANSEA and SSEO	The Associations are strongly opposed to the proposed role of the Authority in training and skills development. The government has enacted highly sophisticated legislation to provide for standards of training.
3(j)	POSLEC SETA	The Private Security Chamber within POSLEC SETA has a responsibility and duty as mandated by the Skills Development Act of 1998 to provide Education and Training Quality Assurance within the Private Security Industry.
3(k)	Confederation of Employers of South Africa (COFESA)	Encouraging such ownership an uncertainty.
3(k)	Prof H Visser Security Officers’ Interim Board	The Board propose that this provision reads as follows : "(k) encourage ownership and control of security businesses, through actions not amounting to the rendering of any form of financial support, by persons historically disadvantaged through unfair discrimination."
3(n)	G Diliza Chamber of Mines of South Africa	This may lead to duplication of functions where other statutory bodies and government departments are involved. Practical jurisdiction problems will arise between the authority and other statutory bodies and government departments. Enforcement in these areas will require specific expertise and experience. There will be a cost implication if this is to be developed.
3(o)	Confederation of Employers of South Africa (COFESA)	No need for consumer body for the industry.
3(q)	Confederation of Employers of South Africa (COFESA)	Promote empowerment and advancement of women.
3(q)	Prof H Visser Security Officers’ Interim Board	The Board recommends that this provision read as follows : "(q) promote the empowerment and advancement, through appropriate education and capacity building initiatives of persons who were historically disadvantaged through unfair discrimination in the security industry"
4	Confederation of Employers of South Africa (COFESA)	* An internal tribunal should be established to deal with certain issues, with de-registration as a sanction.
4	Louis Siebrits Researcher	A fund to compensate victims of activities performed by private security industry to be established. The Bill stops short from providing necessary parameters within which it could enforce legislation of the private security industry.
4	Cedric de la Harpe Independent view of a SOIB member	Authority and responsibility of the functions of councillors or employees should be defined.
4	Blake, Bester Inc On behalf of: CBSE, NOPSA, SAIDSA, SANSEA and SSEO	The wide range of functions will inevitably result in a bigger bureaucracy. This in turn will increase registration tariffs and fees.
4(c)	Shadrack Dladla The Security Industry Association of South Africa	Recommend that Authority be compelled to advice Minister accordingly.
4(n)	Prof H Visser Security Officers’ Interim Board	It is recommended by the Board that the original clause 4(n) of the Cabinet approved version of the Bill regarding provincial participation be reinstated.
4(q)	Prof H Visser Security Officers’ Interim Board	The provision should be reformulated as follows: "(g) establish a guarantee fund for the members of the security industry, who do not have adequate liability insurance, that is managed in the prescribed manner."
4(q)	Blake, Bester Inc On behalf of: CBSE, NOPSA, SAIDSA, SANSEA and SSEO	The motivation for and purpose of a Guarantee Fund for the Security Industry as set out in the Explanatory Notes to the Bill do not support the need for a Guarantee Fund. The need that is identified is in fact for various forms of insurance that can be obtained without a Guarantee Fund. The notion that the Authority should function as insurer to the industry is completely unacceptable and will merely result in an expensive bureaucracy that is open to abuse and corruption.
5	South African Security Association (SASA)	The lack of knowledge of the proposed councils in the security area may cause some imbalances in approach and recommends that great care be taken in the selection of the Council.
5	Prof H Visser Security Officers’ Interim Board	The Board is concerned about the provision that future regulatory authority is to be governed and controlled by a council that will be subject to the control of the Minister.
6	LL Lotter Acorn Security CC	The idea that other persons should sit on SOB is supported, but not to exclude the industry completely.
6	Eric Mthimkhulu National Secretariat for Safety and Security	Establishment of new SOB or restructuring of old one.
6	Louis Siebrits Researcher	The Bill has decreased the actual size of the Regulatory Authority. The representation of the industry is removed from the Board.
6	Prof H Visser Security Officers’ Interim Board	The security industry is a labour intensive industry with a large number of registered employee security officers. Its effective regulation cannot be undertaken merely by persons who are not part of the industry. It is not clear to the Board as to what warrants a deviation from the previous policy position enshrined in section 3(A)(i) of the Security Officers Act 92 of 1987 as the Board dealt extensively with the importance of having industry representatives on the governing body of the future regulator. Denial of representation on the controlling body of the industry may create infringement of the right to equality in section 9 of the Constitution unless reasonable limitation on such is right provided for in the Bill and is covered by section 36 of the Constitution. The exclusion of security industry representation from the Council does not guarantee the "independence" or "objectivity" of the councillors that would be in charge of the regulators’ affairs. The exclusion of security industry from any decision-making role regarding this future regulation will create negative sentiment. The Board suggests that a minority representation of the industry on the proposed Council of the regulator coupled with a duty to appoint expert committees from the industry be allowed. The Board further wishes to point out the following : the appointment of Councillors is left too much in the discretion of the Minister. the small number of Councillors with no rights will lead to concentration of power in the hands of few people. the idea of equal appointment of Councillors may cause uncertainty and lack of continuity and this should be avoided. * The Board should not be too large, 10 members are suggested, with minority representation of the industry on the Board.
6	Cedric de la Harpe Independent view of a SOIB member	Motivates appointment of an independent board.
6	Blake, Bester Inc On behalf of: CBSE, NOPSA, SAIDSA, SANSEA and SSEO	A Council of 15 members should be established and that the security industry regulate itself through the Authority. It is proposed that 3 members each be appointed from the ranks of the employers and employees in the security industry and that 3 members be appointed as Government representatives. If the Government is to control the Authority through Ministerial appointees, then the Government should fund the Authority. Nominations for members should be publicly invited and the Portfolio Committee should make all appointments by way of recommendations to the Minister. It is inappropriate that non-citizens are eligible for appointment as councillors.
6(a)(iii)	Webber Wentzel Bowens on behalf of Armor Group Africa (Pty) Ltd	The SIRA might not be completely independent because the Minister has complete discretion regarding the appointment of all members of the council.
7(1)(b)	H L York Sentry Security	Concerned about the proposed ongoing funding of the Regulating Authority solely by members of the security industry without any future representation.
7(1)(b)	Prof H Visser Security Officers’ Interim Board	* Members of Board should not be allowed to advance own interest.
7(1)(b)	Shadrack Dladla The Security Industry Association of South Africa	Recommend that clause be rewritten.
7(1)(e)	Shadrack Dladla The Security Industry Association of South Africa	Recommend compulsory omission of certain wording.
7(2)	Shadrack Dladla The Security Industry Association of South Africa	Must remain intact.
8	Prof H Visser Security Officers’ Interim Board	* The appointment of board members should be after an open invitation and transparent process.
8(1) and (2)	Shadrack Dladla The Security Industry Association of South Africa	Reappointment of Councillor not exceed maximum of five (5) years unless exceptional circumstances warrant such.
8(1) and (2)	Blake, Bester Inc On behalf of: CBSE, NOPSA, SAIDSA, SANSEA and SSEO	No member of the Council should be eligible for appointment for more than 5 one year terms of office. The Associations submit that the contemplated method of determining councillor’s remuneration is untenable and totally unacceptable.
9(c)	Blake, Bester Inc On behalf of: CBSE, NOPSA, SAIDSA, SANSEA and SSEO	It is not advisable for the Authority to have the power to make rules.
10	H L York Sentry Security	The Authority should be financially accountable to the industry funding it.
10	Blake, Bester Inc On behalf of: CBSE, NOPSA, SAIDSA, SANSEA and SSEO	The Associations find the provisions regarding accountability of the council for the performance of its functions and the auditing of the Authority’s accounting records to be unacceptable.
11	Cedric de la Harpe Independent view of a SOIB member	There are two sets of functions for one body leading to confusion.
13	H L York Sentry Security	The wording of this clause gives no guarantee that the security industry will have any input in its regulation.
13	Prof H Visser Security Officers’ Interim Board	The provisions regarding committees from the industry advising the regulator are insufficient to allow meaningful participation by the industry as it is expressly stated in the Bill that the advice of committees representing the industry is not binding on the regulator.
13	Blake, Bester Inc On behalf of: CBSE, NOPSA, SAIDSA, SANSEA and SSEO	Permanent Committees should be established for each sector as well as for finance, administration and law enforcement. The security industry should be granted substantial representation on the committees.
14	Shadrack Dladla The Security Industry Association of South Africa	CEO assessed and evaluated by Council on annual basis.
14(4)(c)	Shadrack Dladla The Security Industry Association of South Africa	It is recommended that this clause should read as follows: "Staff members of the Authority must not have any financial interest or any other interest for personal gain in the security industry and must successfully undergo such Security clearance check conducted by National Intelligence Agency (NIA)."
14(7)	Shadrack Dladla The Security Industry Association of South Africa	It is strongly recommended that the clause should read as follows: "The person who immediately before the commencement of this Act, were appointed by the Security Officers’ Interim Board established in terms of Section 2(1) of the Security Officers Act, 1987 (Act No. 92 of 1987) and were acting in terms of Section 3(d) of that Act must subject to subsection 4(c) continue to act as staff members of the Security Officers’ Interim Board until such time as the new Security Industry Regulatory Authority Act 2001 comes into being, where after each member interested to become a staff of authority would apply for his/her position and each applicant will be considered in its own merits."
16	George Mangestyma Director of F.G. Security Services	Tendering system is a problem especially to poor people as well as the payment of annual fees.
16	G Diliza Chamber of Mines of South Africa	The costs of accommodating an expansive structure will require vast financial funding. Increasing monthly fee will be problematic as employers may engage in dishonest activities to evade such increase.
16	Cedric de la Harpe Independent view of a SOIB member	The Auditor General and Public Protector should have jurisdiction over the private security industry regulator.
16(1)	Prof H Visser Security Officers’ Interim Board	It is also proposed or stated that the funding of regulatory activities in protection of the national interest as an object of the regulator (the Bill) should not merely be financed by levies derived from security officers and security businesses, but also from general taxation in whole or in part.
16(b)	K J Malatji	Large sums of money were donated to former Security Boards or controlling bodies to cover certain acts or malpractices of the security provider. It is important to look at the reason why donations are made.
16(c)	K J Malatji	It is suggested that the external source should not be a person/body with an interest in a security business.
20	Louis Siebrits Researcher	A structured mechanism to review all licences annually is proposed.
20	Cedric de la Harpe Independent view of a SOIB member	There is a possible "loophole" in the obligation of a security business to register. It excludes those persons exploiting car guards. No provision for the automatic transfer of registration from the existing S.O.I.B. to the new Registering Authority.
20	Blake, Bester Inc On behalf of: CBSE, NOPSA, SAIDSA, SANSEA and SSEO	The associations are in full support of a regulated industry based on a system of registration and the enforcement thereof.
20(1)(a)	Prof H Visser Security Officers’ Interim Board	It is proposed that clause 20(1)(a) should read that no person is allowed to render a specific security service without having been licenced to do so.
20(1)(b)	Prof H Visser Security Officers’ Interim Board	The Board is argues that if it is the intention that state security services and forces could compete with the private sector, they must also comply with the same requirements applicable to the private sector.
20(2)(a)	Blake, Bester Inc On behalf of: CBSE, NOPSA, SAIDSA, SANSEA and SSEO	The terms "executive" "controlling" and "managing" are of a wide compass and includes essentially all employees of a security business.
20(2)(b)	Blake, Bester Inc On behalf of: CBSE, NOPSA, SAIDSA, SANSEA and SSEO	This will create difficulties as non-executive directors have to register.
20(3)	Blake, Bester Inc On behalf of: CBSE, NOPSA, SAIDSA, SANSEA and SSEO	The Associations favour that persons who are employed by commercial enterprises "in-house" to provide security services, should be obliged to comply with the SIRA.
20(4)	Blake, Bester Inc On behalf of: CBSE, NOPSA, SAIDSA, SANSEA and SSEO	Its intention and meaning are obscure.
20(6)	Webber Wentzel Bowens on behalf of Armor Group Africa (Pty) Ltd	The Bill fails to clearly specify the basis upon which exemptions will be granted. No procedures are set out for exemption applications.
20(6)	Shadrack Dladla The Security Industry Association of South Africa	It is strongly recommended that the clause reads as follows: "Under no circumstances will any security services provider or security service provider belonging to a category or class specified in the notice be exempt from any provision of this Act. (This might give preference to some individuals and create imbalance in the definition of this Act, it is not clear as to which security service provider would be eligible for such exemption who would not be expected to go through normal provision of this Act.)" As this also applies to subsection 22(6) it is also recommended that it is removed in its entirety.
21	Blake, Bester Inc On behalf of: CBSE, NOPSA, SAIDSA, SANSEA and SSEO	The Authority should not have an unfettered discretion, whether generally or ad hoc, to require applicants for registration to submit "any other document or certificate" or "such additional particulars in connection with the application as the Authority may determine". This must be prescribed by the Minister by regulation.
21(1)	Webber Wentzel Bowens on behalf of Armor Group Africa (Pty) Ltd	It is stated that an application must be submitted "in the prescribed manner" but does not elaborate as to what is meant by the phrase.
21(4)	K J Malatji	Supports the clause.
21(4)	Prof H Visser Security Officers’ Interim Board	The Board is of the view that the word prescribed in the sentence "the Authority may prescribe procedures and principles in respect of period applications for the renewal of registration" does not have the meaning as defined in clause 1. It is recommended that the provision be amended to read that the "Minister may prescribe procedures and principles.".
21(4)	Blake, Bester Inc On behalf of: CBSE, NOPSA, SAIDSA, SANSEA and SSEO	A system of renewals of registration will unnecessary add to the operating costs of businesses.
22	LL Lotter Acorn Security CC	Security companies are not a threat to society, even if the Security Company is owned by a non-citizen. Civil authority see Security Companies as an interference. Ways must be found to utilize the activities of the Security Industry within the framework of Government agencies to assist in the fight against crime.
22	South African Security Association (SASA)	Investment by foreign shareholders should be encouraged.
22	Cedric de la Harpe Independent view of a SOIB member	S 22 permits vindictive prosecution by interested parties, and assumes you are guilty before trial.
22	Blake, Bester Inc On behalf of: CBSE, NOPSA, SAIDSA, SANSEA and SSEO	The Associations submit that the table of offences that would disqualify applicants from registration is too extensive and should be reviewed.
22(1)	Webber Wentzel Bowens on behalf of Armor Group Africa (Pty) Ltd	The provisions discriminate unfairly against the selection and appointment of company officers (directors), by international and multi-national companies, on the basis of citizenship. There are currently few mechanisms, apart from citizenship, for assessing the soundness of security providers, who do not fall squarely within the language of sections 20 and 22. It is submitted that the phrase "fit and proper" person is too vague and uncertain and thus gives too much discretion to the Authority to determine which persons are suitable to hold office.
22(1)	Telkom Telecoms Legislation and Policy Development	* 30% of Telkom’s shares are held by foreign shareholders.
22(1)(c)	Prof H Visser Security Officers’ Interim Board	The Board is of the opinion that there is no express provision in the Bill regarding the training required before someone can render a specific security service or be appointed as the manager of a security business. It is strongly recommended that the proposed system should make it clear that a person may not render a security service unless registered and qualified in respect of that activity. This may be captured under the term licensing. If registration concept continues clause, 20(1)(a) should be amended to state that initial registration (with the training required for such registration) does not entitle the registered person to render a security service in respect of which that person has not been trained up to the required level prescribed by the regulation. The issue of "limited" or "conditional" registration should be considered with conditions relating to the area in which service may be rendered, arms that may or may not be used, the possession of specific infrastructure or equipment in regard to certain services etcetera. The problem of "moonlighting" by, for example, the police in the security industry should be addressed in the Bill. It is strongly recommended that the following sub-clause be added to clause 21 of the Bill in order to prevent the unacceptable practice of avoiding financial obligations towards the Board by Public Officers or owners of security businesses : "Notwithstanding any provision to the contrary the Authority may refuse to effect the registration of any security business if any of its officials referred to in sub-section (1)(a) were acting that capacity in a security business that was liquidated or sequestrated in circumstances where any amount owing to the Authority or to the Board contemplated in section 43(1)(b) is still outstanding at the date of application for registration.".
22(1)(i)	Shadrack Dladla The Security Industry Association of South Africa	It is recommended that the section reads as follows: "A non-refundable minimum deposit be taken on application as may be determined by council, upon approval of the application the balance of the registration fee must be paid."
22(1)(i)	POSLEC SETA	It is believed that from the payable fee a certain percentage is for education and training and that the POSLEC SETA is of the view that employers are already contributing a levy in terms of the National Skills Development Levies Act. Therefore the above percentage should be integrated into the existing levy contribution to avoid double taxation.
22(2)(a)	Blake, Bester Inc On behalf of: CBSE, NOPSA, SAIDSA, SANSEA and SSEO	Disqualifies a security business from registration if any person involved in an executive, controlling or managerial position or who is a proprietor, partner etc. is an unrehabilitated insolvent.
22(2)(b)	Shadrack Dladla The Security Industry Association of South Africa	Minimum requirement to benefit previously disadvantaged individuals at discretion of the Authority.
22(6)	Webber Wentzel Bowens on behalf of Armor Group Africa (Pty) Ltd	The Authority’s extremely wide powers to grant or refuse approval, it is submitted, contravene section 22 of the Constitution, as the freedom to choose one’s profession freely should be limited as little as possible.
22(6)	Prof H Visser Security Officers’ Interim Board	It is proposed that this clause should be amended to read as follows : "(6) Despite the provisions of subsections (1) and (2), the Council may on good cause shown and grounds which are not in conflict with the purpose of this Act and the objects of the Authority, approve the registration of any applicant as a security service provider."
25	Prof H Visser Security Officers’ Interim Board	The provision in clause 25 should be reconsidered as far as suspension of registration is viewed to serve little purpose in practice and to have detrimental consequences (for example, to employees). It is proposed that since the provisions regarding improper conduct enquiries in section 20 of Security Officers Act 92 of 1987 will fall away when the Bill becomes law that provision be made to avoid a loophole for the period between the coming into operation of the Bill and the making of the new regulations. The following possibilities are suggested : not to repeal section 20 of the Security Officers Act, to broaden clause 25 to contain the provisions of section 20, to amend the existing enquiry regulations, or the Minister may draft the enquiry regulations before the Bill becomes law and promulgate them with the commencement of the new legislation.
25	Cedric de la Harpe Independent view of a SOIB member	The level at which the Authority staff is able to withdraw and suspend is not clear.
27	Webber Wentzel Bowens on behalf of Armor Group Africa (Pty) Ltd	It is submitted that the Bill goes too far in leaving much of the control of security providers to regulation.
27(7)(b)	Prof H Visser Security Officers’ Interim Board	The Board proposes that this clause should be amended to read as follows : "(b) The Minister may for the purpose of paragraph (a), determine different dates in respect of different categories or classes of security service providers and different provisions of code of conduct."
28(1)	Blake, Bester Inc On behalf of: CBSE, NOPSA, SAIDSA, SANSEA and SSEO	Provision should be made for the appointment by the Minister of a panel of independent and impartial persons who preside at enquiries and hearings.
29	Webber Wentzel Bowens on behalf of Armor Group Africa (Pty) Ltd	It is of some concern that an applicant who is aggrieved by a decision regarding whether or not an exemption will be granted by the Minister, does not have any recourse to the appeal procedures as they are currently set out under Section 29.
30	Eric Mthimkhulu National Secretariat for Safety and Security	Provision for new labour inspectors.
30	South African Security Association (SASA)	It is proposed that inspectors appointed by the Authority should be capable and knowledgeable in the activities of the sectors of the private security industry in which they are deployed. It is recommended that: Inspectors deployed in the more sophisticated sectors are professional specialists in that type of security function. They are adequately trained in their function before deployed. Their conditions of service be of such nature as to enhance the reputation of the Authority. They are subject to severe criminal sanction in case of misuse of knowledge and information.
30(3)	Shadrack Dladla The Security Industry Association of South Africa	Concern - inspector deemed to be a peace officer by virtue of appointment.
31	Confederation of Employers of South Africa (COFESA)	This is a breach of section 14 of the Constitution, the right to privacy.
31	Cedric de la Harpe Independent view of a SOIB member	The manner in which the existing structure conducts its inspections has contributed largely to the conflict within the industry.
32	Confederation of Employers of South Africa (COFESA)	* Security Officers does not require more powers than private citizens. Inspectors of the SOIB already have extensive powers.
32(1)	Shadrack Dladla The Security Industry Association of South Africa	Concern - enter premises without prior notice. Concern - opening any part of premises.
32(1)(a), (b) and (c)	Confederation of Employers of South Africa (COFESA)	A court order or the consent of the security company or its owners is necessary.
32(1)(d) (i) to (ii)	Confederation of Employers of South Africa (COFESA)	Persons on premises in control thereof or appearing to perform managerial tasks cannot be expected to comment on compliance with the Act or provide inspectors with records or documentation pertaining to security company’s activities.
32(1)(d)(ii)	Prof H Visser Security Officers’ Interim Board	The Board proposes that this clause should be amended to read as follows : "(d) to produce to the inspector all or any records or documentation relating to the activities of the security service provider in the security industry and pertaining to such a period as may be determined by the inspector, including but not limited to."
32(1)(d)(ii)(dd)	Prof H Visser Security Officers’ Interim Board	It is suggested that a technical improvement to the last line of this clause be made and that it should be amended to read as follows : "... authorization regarding the possession of such a firearm."
32(1)(d)(ii)(ii)	Prof H Visser Security Officers’ Interim Board	It is recommended that this clause be broadened to read as follows: "(ii) documentation pertaining to any contract between the security service provider and a client and documentation pertaining to any contract between the security service provider and any other person regarding the rendering of a security service to any one."
32(1)(e) to (h)	Confederation of Employers of South Africa (COFESA)	Only with a court order.
32(2)	Confederation of Employers of South Africa (COFESA)	Removal of property only with a court order.
32(3)	Confederation of Employers of South Africa (COFESA)	An inspector cannot be deemed to be a "peace officer".
32(3)	Shadrack Dladla The Security Industry Association of South Africa	Concern - inspector granted same powers as peace officer in terms of section 334 of Criminal Procedure Act, 1997.
32(5)	Confederation of Employers of South Africa (COFESA)	Unacceptable.
33(1)(a)	Confederation of Employers of South Africa (COFESA)	Investigate rather than "question" and observe section 35(1) of the Constitution.
33(1)(b)	Confederation of Employers of South Africa (COFESA)	Execution by police officer only in terms of a court order of a magistrate or judge.
33(1)(b)	Shadrack Dladla The Security Industry Association of South Africa	Concern - inspector may seize records and documents. Concern - seize any output from computer system for examination and copying without warrant.
33(1)(b)(iv)	Prof H Visser Security Officers’ Interim Board	It is proposed that this clause should be amended to qualify the expression "document relating to the affairs of the security service provider" to read : "document relating to the activities of the security service provider in the security industry."
33(2)(a)	Confederation of Employers of South Africa (COFESA)	Warrant issued by magistrate or judge only.
34	Dirk Lambrechts Legal Tutor	It is suggested that express, specific statutory powers and functions be granted to Security Service providers in the Bill. Alternatively it is suggested that provision is made for the Minister by way of publication in the Gazette to determine that any power conferred upon a member of the SAPS, may be exercised by a security service provider. Different notices to be issued with reference to different categories/classes of security service providers.
34	South African Security Association (SASA)	The Act should stipulate that regulations be published for public comment.
34	Confederation of Employers of South Africa (COFESA)	Same concerns as expressed in previous sections of memorandum apply.
34	Prof H Visser Security Officers’ Interim Board	The Board is of the view that it would be better to have an express provision with regard to accreditation and withdrawal of the accreditation of training establishments because the list of issues on which regulations may be made does not include the express power to make regulations for this purpose.
34	Cedric de la Harpe Independent view of a SOIB member	The Act does not provide for the publishment of the regulations for comment prior to finalisation.
34((1)(d) to (e)	POSLEC SETA	This falls squarely within the competency of the Minister of Labour in terms of the Skills Development Act.
35	Prof H Visser Security Officers’ Interim Board	It is proposed that this clause should be qualified by stating that information must be provided "within a reasonable time after the request".
37	Prof H Visser Security Officers’ Interim Board	It is suggested that the following provision be added to the list of offences in clause 37 of the Bill : "(j) [Any person] who fails to pay a fine imposed in terms of this Act which is due and payable to the Authority [is guilty of an offence]."
37(2)(g)	Prof H Visser Security Officers’ Interim Board	It is proposed that the provision in clause 37(2)(g) should go far enough in criminalizing the contracting for a security service rendered in conflict with the law and that consumers should be held liable in the proposed "Security Industry Tribunal".