ATC140131: Report of the Portfolio Committee on Police on the Private Security Industry Regulation Amendment Bill (B27D-2012), dated 29 January 2014.

Report of the Portfolio Committee on Police on the Private Security Industry Regulation Amendment Bill (B27D-2012), dated 29 January 2014.

Assembly Rule 249(3)(b) provides that if a committee is considering a bill proposing the amendment of certain provisions of the principal Act and it wishes to inquire into amending other provisions of that legislation, it may seek the permission of the Assembly to do so.

The Private Security Industry Regulation Amendment Bill [B27‑2012] had been introduced by the Minister of Police following a comprehensive review of the Private Security Industry Regulation Act, 2001 (No 56 of 2001) and was an attempt at addressing shortcomings in the principal Act.

The committee agreed that its deliberations on the Bill introduced by the Minister presented an opportunity also to ensure that the principal Act was aligned with the Constitution and other legislation such as the Public Finance Management Act, 1999 (No 1 of 1999).

On 6 November 2013, the committee tabled its report on the Private Security Industry Regulation Amendment Bill [B27-2012] and presented an amended bill [B27B-2012].

The report, together with the amended bill, was considered by the House on 12 November 2013. Upon a resolution of the House, both were returned to the committee with permission for the committee to inquire into amending other provisions of the Private Security Industry Regulation Act, 2001 (No 56 of 2001). [Minutes of Proceedings of the National Assembly, 12 November 2013, p 5809]

The Committee met on 28 January 2014 and parties were asked to indicate whether they wished to pursue issues in the principal Act beyond those already contained in the amended bill [B27B‑2012] that had served before the House on 12 November 2013. That not being the case, and in the interests of again allowing parties to deliberate on the measures before them, the committee proceeded with a clause-by-clause discussion and subsequent consideration of Bill (B27B-2012), during which time the department presented a list of technical corrections. The Bill was supported by the majority in the committee:  African National Congress (8), opposed by the Democratic Alliance (2) and the Freedom Front Plus (1).

Though the Democratic Alliance objected to clause 20 in its entirety, the chief objection was to clause 20(c) of the Bill, which was also opposed by the Freedom Front Plus. In their view, this particular provision relates to foreign ownership and control of the private security industry and proposes that 51% of the industry must be controlled by South African citizens. These parties were of the opinion that the measure would create problems for existing companies with foreign ownership and would lead to the forced sale of their companies.

Recommendation

The Portfolio Committee on Police, having considered the subject of the Private Security Industry Regulation Amendment Bill [B27B-2012] , (National Assembly – sec 75, referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill), reports the Bill with amendments [B27D-2012].

Report to be considered.