Labour Relations Act, 1995 (Act No. 66 of 1995)

Codes of Good Practice

Collective Bargaining, Industrial Action and Picketing

Part E :  Picketing

34. Peace obligation and role of private security
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(1)The role of private secur ity is to protect the property of the employer and client and ensure the safety of persons on the property. Private security officers have no right to intervene in a strike or a picket or to enforce the Act or any picketing rules made under them.

 

(2)A private security officer does not have the powers of the police but may arrest in terms of section 42 of the Criminal Procedure Act, 51 of 1977 just as any other private person may do, a person participating in the picket or gathering—
(a)who commits a Schedule 1 offence in the officer's presence or the officer reasonably suspects the person of doing so such as public violence1 malicious injury to property and assault when a dangerous wound is inflicted;
(b)who the officer reasonably believes to have committed an offence and is escaping from or being freshly pursued by a person who the officer reasonably believes has the authority to arrest;
(c)who the officer sees engaged in a fight;
(d)if authorised by the employer, any person committing an offence on the employer's property.

 

(3)A private security officer may pursue a person referred to in (a) above.

 

(4)Any person arrested by a security officer in these circumstances must be brought as soon as possible to a police station.

 

(5)Every employer that contracts with a private security company must ensure that—
(a)the company is registered as a security service provider in terms of the Private Security Industry Regulation Act, 56 of 2001:
(b)it complies with the legislation and codes of conduct relating to the private security industry and the requirements of the Private Security Regulatory Authority;
(c)its security officers tasked with protecting property of the employer during the course of industrial action are adequately trained in crowd management and the provisions of this Code in order to ensure that they act appropriately if conflict escalates during the course of industrial action.