9 minute read
ASSOCIATION NEWS
Update from SASA
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From the desk of Tony Botes, SASA National Administrator.
International Covid-19 initiative
SASA, in partnership with ISIO (International Security Industry Organization), have teamed up to provide our respective governments with a plan to combat the pandemic. CAPSI (Central Association of Private Security Industry of India) has had great success in their country so far, whereas we’re still struggling to make contact with the correct people in South Africa’s government, who are supposed to be leading from the front. Their leadership is critical when it comes to rolling this initiative out to the private security sector and consumers.
We all have to work together to minimise the dramatically increasing rate of new infections and, to this end, we released a media release urging people to plan for the worst ie Omega. The private security industry is the largest force in the country and probably the world: bigger than any police, military, or navy forces. It has been monitoring the Covid-19 threat constantly and from the outset. The recent biological threat security investigation now dictates that the Omega’s status must be enforced based on the monitoring of the viral pattern formation, taking into consideration the human condition and crime-related issues relative to the threat. Within two days of the status being called for, the new variant was identified by South Africa, and within hours some countries banned flight travel to and from our country — even before the World Health Organisation (WHO) named the variant Omicron.
It appears that the fourth wave of the Covid-19 pandemic is upon us and, although no additional restrictions have been imposed (yet), we can expect more drastic measures within the next few weeks or so – including government imposing mandatory vaccinations – depending on the rate of new infections.
We have to hope that our efforts will reach the right ears sooner rather than later, when they realise that the private security industry is a major role player in the battle against the pandemic, through significantly upgraded training and awareness, and the enforcement of Coronavirus precautions.
It is the security industry that is implementing the health protocols on the ground: taking temperatures, managing movement, and enforcing sanitising. They are also dealing with pandemicrelated crime: the officers on the ground have to identify new and evolving crime, copycat and habitual crime, and violent and aggressive behaviour. Furthermore, they have to protect their own companies and consumers’ premises, staff, and visitors.
SASA totally supports the private security industry taking the lead in the battle against the pandemic, especially in light of the newly identified Omicron variant, and is calling on the Ministries of Health and Police to join and support this very positive initiative.
SASA Annual General Meeting
SASA held its Annual General Meeting (AGM) earlier this month — since our National Executive Committee serves a two-year term, there was no need for elections. The Association once again received an unqualified audit and is in a sound financial position, but there is no place for complacency.
National Bargaining Council for the Private Security Sector (NBCPSS) update
Although less than two years old and with only a fraction of the more than 10,500 registered security service providers in South Africa having registered with the Bargaining Council, and even fewer making their statutory monthly contributions, the Council has nevertheless performed well, especially over the past few months:
• It now has permanent offices in Midrand, which are sparsely staffed but growing steadily;
• It has appointed additional agents (inspectors) and will continue to do so as and when the financial situation permits;
• It has established a small office on the East Rand for agents operating in that area;
• In early 2022, the Council will be given some space at the SASA offices on the West Rand, as a springboard for their operations in that area.
• Other offices throughout the country will be opened as soon as the necessary resources become available.
• The NBCPSS has now also been accredited by the CCMA (Commission for Conciliation, Mediation and Arbitration) to handle labour-related disputes such as unfair labour practices and unfair dismissals — and it has already heard a number of cases.
• To date, it has issued more than 580 compliance orders and held more than 180 compliance arbitrations, with the vast majority of outcomes against the relevant employers.
There are also a significant number of Warrants of Attachment at the relevant offices of the Sheriff, awaiting service.
Private Security Industry Regulatory Authority (PSIRA) — the latest
The PSIRA Amendment Gazette is having a serious impact on a number of security service providers:
• Security businesses now have to be at least 51 percent South African-owned, so foreign-owned companies will have to find local investors in order to comply with the new legislation.
• Another challenge for companies is the restriction on the branding or colours of uniforms ‘in any shade of blue’ or similar to those used by the various arms of the SANDF (South African National Defence Force), SAPS (South African Police Service), Correctional Services, Municipal Police and any other law enforcement agency that might be established in the future. All types or colours of camouflage are also prohibited, except for those performing anti-poaching services.
With an estimated 70 to 80 percent of the country’s private security entities using blue as their basic uniform colour and a significant number using other now-restricted colours, there are very few alternative practical colours to choose from, but the legislation is now in place and they have no choice. SASA has held a number of meetings with the Regulator in this respect, without much success, other than the Regulator agreeing to receive and collate applications for exemption or submission to the relevant authority and agreeing not to institute prosecutions against companies that have already submitted such applications, pending the outcome thereof.
The 180-day window period for all affected companies to change their entire branding has already come and gone. The period was far too short in our opinion, considering the logistics and costs of this exercise — we believe that four years would have been more practical. However, where companies are wilfully using uniforms, vehicles and other branding that are, in all material aspects, identical to state entities, in an attempt to confuse or defraud the general public, we will support PSIRA in their efforts.
SASA is in the process of obtaining a legal opinion from Senior Counsel following numerous requests from members, and will, if viable, institute the necessary challenge once mandated by our members.
SASA compliance drive
SASA’s compliance drive has taken off in leaps and bounds! PSIRA has confirmed that in just the last couple of weeks, information provided by our office to their law enforcement team has resulted in:
• 11 arrests of unregistered security officers in Boksburg on the East Rand;
• 5 arrests in Tonga, Mpumalanga, as well as 8 additional criminal cases;
• 5 arrests in Emalahleni (Witbank) in Mpumalanga; and
• 20 arrests in Rustenburg, North-West
We are proud that PSIRA has recognised the work that we in SASA do to clean up the private security industry. We will continue with this task and refer the thousands of complaints that we receive every year to the relevant authorities for investigation. (Obviously, not all complaints result from non-compliance — a great number concern poor service, in which case we can only advise consumers as to their options.)
Employment equity
The Department of Employment and Labour (DoEL) has published draft Employment Equity targets for various industries, based on a 5-year plan. We believe the targets for our industry are unattainable and impractical and have therefore consulted with an expert in this field to assist us in proposing a more realistic plan, which has already been submitted to the DoEL.
Private Security Sector Provident Fund (PSSPF)
There have been two very significant developments:
• The PSSPF has announced that the previous ‘capping’ of Death and Disability Benefits to the level of a Grade A security officer has been continued. This means that all employers within the scope of their rules will now be obliged to contribute at actual Fund Salaries (ordinary or basic salaries) and employees will be entitled to the much higher benefits of these higher salary and contributions. Also, members can ‘purchase’ additional cover and they should, via their employers or directly, contact the PSSPF for more information.
• The Pension Fund Adjudicator (PFA), which is the equivalent of the “Pension Police”, has had its scope of authority dramatically widened. In the past the PFA could only handle and issue determinations (awards) in respect of complaints from specific employees, but they can now, based on ‘wider’ complaints, initiate an investigation against an entire company and, if found guilty, can serve them with a determination for all unpaid or underpaid contributions, as well as penalties, costs and late payment interest.
It is going to be interesting to see how these new powers will impact on compliance in our industry. SASA welcomes this change and will continue the battle against companies that blatantly steal their employees’ contributions and wilfully and criminally fail to match same with the employers’ contribution, payable to the Fund.
Unemployment Insurance Fund (UIF)
The majority of our members are experiencing serious and even insurmountable challenges in obtaining letters of good standing from the UIF Commissioner. This, we understand, is mainly because most companies close off their time sheets on, for example, the 20th or 25th of the month, in order to capture all relevant data and exceptions, to facilitate payment by the last day of the month. This leads the UIF to question as to why an employee who has joined after the abovementioned date is not receiving his or her salary in that month and therefore not contributing to the UIF. This has resulted in a very large number of companies – some of them the giants of the industry – being deemed to be UIF non-compliant and ineligible for state and other large corporate tenders. SASA will continue with our efforts to meet with the relevant officials at the UIF, in order to find a solution to this extremely serious challenge.
Benefits of SASA membership:
• A strictly applied Code of Ethics
• Representation at national and local government level
• Industry exposure in the media as well as at major shows and exhibitions
• Contacts and networking opportunities
• Discounted training courses, events and seminars
• Access to a security library managed by UNISA (University of South Africa)
• Updates on new legislation and other industry-relevant information
• Access to security-related and affiliated associations in South Africa and overseas
• The SASA national website
• A central administration office
• Free digital subscription to Security Focus Africa magazine, the official journal of SASA
• A mentorship programme which is designed to guide and assist start-up security companies with attaining the compliance standards required to qualify for Gold Membership
For more information about what SASA does and how it can help you and your company, please contact:
Tony Botes, SASA National Administrator, at:
Tel: 0861 100 680 / 083 650 4981
Cell: 083 272 1373
Email: info@sasecurity.co.za / tony@sasecurity.co.za
Website: www.sasecurity.co.za
