Attention all Security Service Providers: Cut-off date for the renewal of old PSiRA registration certificates is 30 November 2018
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By Helen Westman and Laura Schlebusch
26 Jul 2018
Have you remembered to register?
- All PSiRA certificates, whether due for renewal or not, must be reissued by 30 November 2018.
- Certificates must be reissued as the new certificates have encrypted security features which will enable PSiRA to ensure that all security service providers comply with the Private Security Industry Regulation Act 56 of 2001 (“the Act”).
- Security officers and a representative, on behalf of, a security business must visit the PSIRA offices in order to reissue their certificates. The following is required:
1. the completed renewal form;
2. a certified copy of their identity document;
3. proof that their annual fees are paid up to date.
- A fee of:
1. R290 for security businesses; and
2. R40 for security officers will be charged for reissue.
- Following this, all PSiRA Certificates must be renewed every 12 months for security businesses and every 24 months for security officers.
What will happen if security service providers do not register for reissue?
- Security businesses will not be eligible for trading.
- Security officers will not be eligible for employment.
- Security service providers will not be provided with a letter of good standing.
Liability in terms of the Act
- Security service providers will be in contravention of section 20 of the Act which states that no person may render a security service for remuneration, a fee or benefit unless they are registered as a security service provider under the Act.
- PSIRA may apply to the High Court in terms of section 27 of the Act to interdict security service providers from rendering a security service for a period determined by the court if they are contravening a section of the Act. PSIRA may also apply to the court under this section to compel the security service provider to comply with a provision of the Act.
- Section 38 of the Act is a catch-all provision for anyone contravening the Act. The section states that any person who contravenes the Act is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding 24 months, or to both a fine and such imprisonment.
Have you inspected your security service provider’s PSiRA certificate?
- In terms of section 38(3)(g)(ii) of the Act, customers of security service providers who knowingly or without the exercise of reasonable care contract with a security service provider who is not registered with PSiRA will be guilty of an offence and on first conviction may be liable to pay a fine or imprisonment for a maximum of five years.
- When contracting with security service providers it is therefore vital for customers to request a copy of their security service providers’ most recent PSiRA certificates.
For assistance on registration requirements visit this link.(This article is provided for informational purposes only and not for the purpose of providing legal advice. For more information on the topic, please contact the author/s or the relevant provider.)
Helen Westman is a Partner, with Right of Appearance in the High Court of South Africa, at Eversheds Sutherland's Melrose Arch office. Helen has served as the Registrar to the Honourable Ms Justice Satchwell at the South Gauteng High Court where she managed chambers, assisted with legal research, and gained valuable insight into the administration of motion court, urgent applications, civil and criminal trials and appeals. Helen has a particular interest in competition law, corporate law and litigation. Her practice experience includes advising clients on various aspects of commercial law and general litigation where she has represented individuals, as well as corporate clients, in both the High Court and Magistrate Court.Send a legal query to Helen Westman
Laura Schlebusch is a senior associate at Eversheds Sutherland's litigation group. During the course of her experience Laura has been involved in both litigation and employment law matters and has gained experience in running predominantly commercial disputes in the Magistrate’s Courts, High Courts and at arbitration. Her employment law experience includes prosecuting at disciplinary hearings, running matters in the CCMA and Labour Court and providing local and international clients with advice in respect of various aspects of South African labour law.Send a legal query to Laura Schlebusch