Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001)RegulationsCode of Conduct for Security Service Providers, 2003Chapter 3 : Provisions regarding certain Categories and Classes of Security Service Providers and Different Types of Security Services11. Employers |
| (1) | A security service provider employing any person in the private security industry must comply with every obligation imposed by law towards or in respect of such employee, and, without derogating from the generality of the foregoing— |
| (a) | may not abuse or exploit the employee; |
| (b) | must ensure that the employee receives the full wages and all other service benefits due to him or her as provided for in terms of any applicable legal provision, agreement, contract or determination; |
| (c) | must comply with all obligations imposed by law on employers to ensure that their employees qualify for or receive any social security benefits or other financial benefits provided for in terms of law; |
| (d) | must comply with all obligations imposed by law on employers aimed at the training and skills development of such an employee; and |
| (e) | must comply with all obligations imposed by law on employers relating to the deduction of annual amounts as contemplated in section 43 of the Act, or levies as contemplated in section 4(2)(b) of the Levies Act, from the employee's wages, remuneration or reward, as well as the payment thereof to the Authority. |
| (2) | A security service provider must, before employing any person as a security officer, take all reasonable steps to verify the registration status as security service provider, level of training, qualifications and all other relevant facts concerning such a person. |
| (3) | A security service provider may not directly or indirectly order, allow or use a security officer in his or her employ to render a security service which requires a legal power, status, licence, permit, authorisation, accreditation, registration, level of training, skill, knowledge or qualification that the security officer does not have. |
| (4) | A security service provider may not directly or indirectly order or allow a security officer in his or her employ to possess or use a firearm, ammunition, weapon or any equipment, unless such possession and use is lawful and the security officer has been successfully trained as required by law in the possession and use thereof and is able to use it lawfully, safely and correctly in the relevant circumstances. |
| (5) | A security service provider must take reasonable steps to ensure that a security officer in his or her employ who is used or made available to render a security service to any person— |
| (a) | has been properly informed about the nature and scope of his or her functions and duties as well as his or her legal powers in this regard; |
| (b) | is properly managed, controlled and supervised; |
| (c) | has been lawfully provided with and is in lawful possession of all the equipment necessary to render the security service in question; |
| (d) | has been lawfully provided with and is in lawful possession of any firearm, ammunition and any weapon necessary to render the security service in question; and |
| (e) | is properly disciplined in the case of a transgression of the disciplinary code contemplated in subregulation (8)(a). |
| (6) | A security service provider must, at his or her own cost, provide all assistance reasonably necessary and possible to security officers in his or her employ to ensure the receipt by them of all relevant information from the Authority regarding any matter relevant to the regulation of the private security industry, including their financial obligations towards the Authority and the renewal of registration as security service provider as contemplated in the Act. |
| (7) | A security service provider must, at his or her own cost and as often as it is reasonable and necessary, but at least once a year, provide training or cause such training to be provided, to all the security officers in his or her employ to enable them to have a sufficient understanding of the essence of the applicable legal provisions regarding the regulation of the private security industry and the principles contained in this Code. |
| (8) |
| (a) | A security service provider must draw up, or caused to be drawn up, and properly and consistently enforce a disciplinary code in respect of all security officers in his or her employ. |
| (b) | The disciplinary code contemplated in paragraph (a) must contain rules which adequately reflect the relevant values and principles contained in this Code as well as any further rules that are reasonably necessary to ensure disciplined, honest, safe, reasonable, professional and competent conduct by security officers in the circumstances in which they are employed and made available by the security service provider for the rendering of one or more security services. |
| (c) | The obligation contemplated in paragraph (a) comes into operation 30 days after promulgation of these regulations. |
| (9) | A security service provider must, without undue delay, officially provide a responsible member of the Service with all relevant information which is in his or her knowledge concerning the commission or alleged commission of any offence specified in the Schedule of the Act by a security officer in his or her employ. |