Parly toughens private security law
Tsaone Basimanebotlhe | Thursday July 30, 2015 14:45
The new law replaces the Control of Security Guard Services Act and provides for the establishment of a licensing board, which shall issue licences to operate private security services. The board will also set a code of conduct for the private security services industry, provide for compliance inspectors and the penalties for any non-compliance. While the original draft of the Bill recommended a fine of P50,000 and a jail term of not more than three months for carrying on a private security business without licensing, the legislation passed on Tuesday increases the jail term of 12 months while maintaining the fine. Penalties have also been stiffened for employing former convicts as security guards without written approval from the board and deceiving the board such as when a partner in a security company is convicted of a criminal offence and fails to inform the board in writing. Licensing board members are not spared either and face penalties of up to P50,000 and jail terms of up to 12 months for various infractions, being increases from the original draft which recommended fines of P5,000 and jail terms not exceeding two months. Infractions include a board member failing to disclose conflict of interest and violating the confidentiality clauses that govern all matters brought before the board. Board members are bound by the confidentiality clauses even after the termination of their mandates. Debating the bill in Parliament on Tuesday, Francistown South legislator, Wynter Mmolotsi said the new penalty for violating the conflict of interest clause was too severe. The new penalty is P50,000 and a jail term of up to 12 months, up from P5,000 and a jail term of not more than two months. “Why can’t we at least reduce it from P50,000 to P10,000 or P25,000,” Mmolotsi said. However, Justice, Defence and Security minister, Shaw Kgathi defended the new fine saying the offence is very serious and the new penalty would curb situations where unscrupulous members award tenders to their relatives. “This will address the issue of corruption. When legislators commented on this bill, they raised issues of favouritism and others,” Kgathi said. The bill also provides for the Security Association to nominate two representatives to the board. Three members will come from government, two others from the general private sector and another two from the public. Kgathi said the Association would enable security officers to bargain for their salaries and other conditions. Vice President Mokgweetsi Masisi urged MPs to support the new amendments as the House had been given an opportunity to input on the proposed legislation. “The new amendments will help us to curb white collar crime,” he said.