News24 | DA lobbies public to object to Mchunu's private security firearm draft regulations

1 week ago 7
  • The DA opposes draft regulations on private security published by Police Minister Senzo Mchunu.
  • The draft regulations include stricter firearm use criteria, bans on certain weapons, and mandatory annual mental health checks for security officers.
  • Submissions on the proposals can be made until 25 April.

Another point of contention between government of national unity (GNU) partners – the ANC and DA – is brewing as the DA lobbies the public to object the draft regulations for the private security industry that Police Minister Senzo Mchunu has recently published for comment.

The proposals to amend the Private Security Industry Regulations that Mchunu gazetted on 28 March focus on firearm use.

The draft regulations have 21 conditions under which security firms may issue firearms to security officers. 

This includes: 

  • The security business or the security officer is not being investigated by the State for the unlawful use of force or for an offence under the Firearms Control Act;
  • The security business or officer is not being investigated by the Private Security Industry Regulatory Authority (PSIRA) for improper conduct;
  • The firearm is "reasonably necessary" for rendering a security service;
  • The security officer is not under the influence "of a substance that has an intoxicating or narcotic effect";
  • The security officer is in a "mentally stable condition" and the security business has no reason to believe that the person would use the firearm for any unlawful purpose or in a unlawful or negligent manner; and
  • The security officer is given "no more than a reasonable quantity of ammunition for the purposes of rendering the relevant security service".

Security officers may not be issued with firearms in taxi ranks, cemeteries, stadia, shopping malls, churches, restaurants, parks, hospitals, schools and "any other similar public establishments", unless certain conditions are met, including that the minister hasn't declared the area a firearm-free zone by the minister, a risk assessment report has been submitted to PSIRA and "there is no other alternative means of protection".

The proposed regulations also intend to prohibit security services from using tasers, tear gas, water cannons, sponge grenades, rubber bullets, and "any other weapon that may harm civilians", unless certain conditions are met. This includes that the "use of prohibited weapons is in the public interest", and a risk assessment has been submitted to PSIRA. 

READ | Greater oversight with proposed changes to security firearm law, no outright ban - PSIRA

Furthermore, the draft regulations would require security companies to annually assess security officers issued with firearms in terms of their audio-visual capacity, "locomotive system" – presumably meaning their locomotor system – neurological system and general mental and emotional condition at the companies' cost. 

On Tuesday, DA spokesperson Ian Cameron issued a statement, saying: "The Private Security Industry Regulatory Authority's recently published draft regulations will make it harder for private security companies to keep communities safe and must be opposed.

"The DA calls for all persons who believe that private security is essential for public safety, to make public submissions against this overreach."

He said many communities remain under siege due to out-of-control criminality, which the police cannot address alone.  

He added:

Private security companies are key partners in assisting SAPS in the fight against crime, and must be protected from these draconian regulations.

This was the third statement he issued since the draft regulations were gazetted.

Cameron is also the chairperson of the Portfolio Committee on Police. Before he became an MP last year, he was the director of community safety at NGO Action Society.

Action Society said previously that while it supports oversight for ethical and professional security services, they are concerned that the proposed amendments could jeopardise public safety and the effectiveness of crime prevention, particularly in relation to gender-based violence (GBV).

"The capacity of private security to protect South African communities, particularly in areas where the state is unable to provide adequate safety should be protected at all cost. In many areas neighbourhood watches and private security companies are the only line of defence in gang-ridden areas where communities are left unsupported by formal policing," said Action Society spokesperson Juanita du Preez, according to a statement.

READ | 'We have to instil a culture of honesty and integrity in the police' - Ramaphosa

"Instead of centralising control through impractical and punitive regulations, Action Society advocates for decentralising policing powers. Empowering local security entities and fostering a community-driven ecosystem prioritises safety and builds resilience against violence."

Gideon Joubert of the South African Gun Owners' Association (SAGA) said there are "numerous serious and debilitating flaws in these amendments".

"They will significantly increase the administrative burden and costs on private security providers, and severely curtail their ability to render services to their clients. With over 580 000 security officers employed serving millions of clients, the industry is a cornerstone of South African safety — these amendments threaten to destabilise it entirely," he said in a statement.

He said if the proposed amendment intends to root out rogue and criminal players in the private security industry, it is taking the wrong path.

"Most would agree that purging harmful entities is a vital task for the regulatory authority – but this can be achieved by enforcing existing laws, not piling on new burdens. Criminal groups thrive by exploiting corruption and inefficiency in state bodies like SAPS and PSIRA, operating as sham security firms," Joubert said.

ALSO READ | Security guards without weapons might be our frontier, says Ian Cameron

"The rational fix is to investigate, prosecute, and convict these bad actors, not to saddle a critical industry with costly, crippling restrictions that punish legitimate players and weaken their ability to serve the public and state. By pushing these changes, the regulator risks harming the very industry it is meant to protect – along with its clients, employees, and the broader economy. If enacted, they will leave us with a less safe, less secure society."

PSIRA head Manabela Chauke said on Tuesday that the proposed amendments to the regulations are meant to "protect society" and to compel security service providers to have their officers undergo a risk evaluation assessment, News24 reported on Tuesday.

The draft regulations can be accessed here.  It will come into effect 180 days after it was gazetted, "unless otherwise specified".

The deadline for submissions is 25 April, and it can be sent to regulations@psira.co.za.

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