The private security industry in South Africa: A review of applicable legislation

• Jurisdiction: South Africa
• Pages: 178-196
• Citation: (2003) 16 SACJ 178
• Published date: 03 September 2019
• Author: Julie Berg
• Date: 03 September 2019

The private security industry in

South Africa: a review of

applicable legislation*

JULIE BERG**

ABSTRACT

The pre- and post- apartheid governments have been engaging with the private

security industry through the creation and enforcement of legislation to regulate the

industry. The new government, in particular, has been actively implementing

legislation to further tighten restrictions and update older legislation. Considering

these developments it is perhaps necessary to review all the legislative parameters,

both old and new, directed at the private security industry. The future role of private

security in South Africa may depend on the success of the legislative attempts of the

government and could be a preparation for a formal partnership with the public

police.

Introduction

Private security or private policing is a phenomenon that has re-emerged in

force in the last half of the twentieth century.

1

It is a common fact that private

security is rapidly growing in many countries and is also spreading from

country to country. There are many factors contributing to this rapid growth

but the fact remains that regardless of the reasons for its emergence private

security has firmly established itself in many countries, including South

Africa.

There is no longer room for traditionally understood notions of what

policing entails, since private security has entered the public policing arena by

taking on more and more duties once considered sacred to the public police.

The awareness, and at times, concern for this growth in private security has

developed into an active international debate amongst academics, politicians

and all those who are affected by this phenomenon. Many local and

international debates on private security have, in fact, focused particularly on

* This study was conducted as part of a policing research project initiated at the Institute of

Criminology, University of Cape Town under the direction of Elrena van der Spuy and

Wilfried Scharf. The author hereby acknowledges the support and guidance of the

aforementioned; the other researchers in the policing research project and the input of the

external reviewer.

** B Soc Sc (Hons), M Soc Sc (Criminology) (UCT).

1

M Shaw 'Privatising crime control? South Africa's private security industry' (1996) 3

Imbizo

5.

178

(2003) 16 SACJ 178

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The private security industry in South Africa



179

the need to address the private security industry both politically and legally.

Many governments have recognised the need for a regulated system of

security provision, incorporating both public and private forces. However,

some countries, especially transitional countries, have faced the negative

aspects of private security due to governments' inability to challenge the

problems private security brings with it and / or their half-hearted attempts to

channel the industry into a productive and effective policing agency.

Fortunately, in South Africa there has been a realisation by government

officials that allowing a private entity to perform a policing function within a

democracy necessarily requires some form of clear-cut regulation. Only

through public-private interface and the establishment and enforcement of

effective legislation can a form of cooperation or a successful

network

of

policing be created as an alternative to simply allowing private security

companies to operate freely and independently, without constraints.

2

The old and new South African governments have been engaging with the

industry, albeit for different reasons. The old regime utilised the industry to

supplement the then South African Police (SAP), which was then able to

focus on more important state security issues.

3

Consequently the old

government provided the basis for legislative regulation through the creation

of the Security Officers Act

4

to create a professional, regulated private

security industry. Some have posited that the enactment of the Security

Officers Act was for the very purpose of developing a relationship between

the state and private security companies to tackle the problems associated

with the increasing unrest of that time and that this legislation was a tool to

protect the interests of the security industry.

5

The new government has further enacted legislation for the purposes of

reining in an industry that has been perceived, by some, as having the

potential to destabilise a carefully worked-for democracy.

6

The suspicious

2



L Johnston 'Transnational private policing: The impact of global commercial security' in J W E

Sheptycki (ed)

Issues in Transnational Policing

(2000) 21.

3

J Irish 'Policing for profit: The future of South Africa's private security industry' (1999) 39

ISS

Monograph Series 1.

4

Act 92 of 1987.

5

(Author unknown) 'Repositioning the security industry in a changing South Africa' (1994) 59

Security Focus

35.

6

There are those who believe that the security industry has the potential to destabilise South

Africa's democracy due to the unequal distribution of security within socio-economic areas.

(D Nina and S Russell 'Policing "by any means necessary": Reflections on privatisation, human

rights and police issues — Considerations for Australia and South Africa' (1997) 3(2)

Australian Journal of Human Rights

157.) There is also a perception that a more direct

destabilisation is possible as a result of the belief that many right wing military leaders who

fought for Apartheid — and also those who fought against it — are now involved in an

industry making up such a huge portion of South Africa's security needs, Author unknown op

cit (n5) 35)

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