ATC131106: Report of the Portfolio Committee on Police on the Private Security Industry Regulation Amendment Bill (B27- 2012), dated 6 November 2013

Report of the Portfolio Committee on Police on the Private Security Industry Regulation Amendment Bill (B27- 2012), dated 6 November 2013

The Portfolio Committee on Police having considered subject of the Private Security Industry Regulation Amendment Bill [B27 -2012] , (National Assembly-sec 75, referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill), reports the Amendment Bill with amendments [B27B-2012].

The Committee reports the Bill further as follows:

1.         The Bill was introduced by the Minister of Police and referred to the Portfolio Committee on Police on 10 September 2012.  The Joint Tagging Mechanism (JTM) classified the Bill as a section 75 Bill, an ordinary Bill not affecting provinces.

2.         The Committee recommends approval of the Amendment Bill [B27-12] with amendments, namely Bill [B27B-12].

The Bill [B 27-12] is the result of a comprehensive review of the Private Security Industry Regulatory Authority Act of 2001 (Act No.56 of 2001). The Amendment Bill [B27-12] aimed to address the shortcomings of the Principal Act, provide for the regulation of the private security industry; for that purpose to establish a regulatory authority; provide for cooperation with the Civilian Secretariat for Police; provide for the appointment of the director and deputy directors of the Authority; to provide for limitations on foreign ownership; provide for the registration of categories of security business; provide for the finances and accountability of the Authority; provide for the establishment and functions of the Exemption Advisory Committee; regulate security services rendered outside the Republic; provide for offences and penalties; and provide for matters connected therewith.

3.         The Committee effected a number of amendments on the Bill [B27-12].  Some of these Amendments go beyond the Amendment Bill as the Committee amended other provisions of the Principal Act. The Amendments are extensive and contained in the attached amended Bill [B27B-12].

The Committee is of the opinion that the current consideration of and deliberations on the Amendment Bill presented an ideal opportunity to correct any technical errors in the Principal Act with regard to cross-referencing to the Constitution and align the Principal Act with the Constitution and legislation such as the Public Financial Management Act (PFMA) (Act no. 1 of 1999). The proposed Amendments will not affect the tagging of the Bill.

The Democratic Alliance reserved their rights and did not vote on the Bill.

The Freedom Front Plus abstained from voting on the following clauses:

Long title of the Bill, Clause 20, Clause 38, Clause 41 and the Memorandum on the Objects of the Bill.

The Congress of the People and the Inkatha Freedom Party objected to the Bill, and voted against the following clauses:

Clause 20, Clause 38, Clause 41 and the Memorandum on the Objects of the Bill.

4.         Assembly Rule 249(3)(b) provides that a committee may, if it is considering a Bill that amends provisions of the legislation, may seek the permission of the Assembly to inquire into amending other provisions of that legislation. In this regard, the Committee has added extensive amendments to the Amendment Bill [B27-12] which goes beyond the Amendment Bill as introduced by the Minister of Police. The Committee through this report, reports on these amendments for approval by the House.

RECOMMENDATION

The Portfolio Committee on Police having considered subject of the Private Security Industry Regulation Amendment Bill [B27 -2012] , (National Assembly-sec 75, referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill), reports the Amendment Bill with amendments [B27B-2012].

Report to be considered.