No security jobs for ex-convicts
Innocent Selatlhwa | Thursday February 2, 2017 15:16
Over the years, there have been complaints from security guards for non-compliance with the laws of Botswana, in particular the Employment Act.
Employees are always not paid their wages and terminal benefits by their employers. When presenting the Act to the security service providers, Kgathi said it was for this reason they had to come up with punitive measures for companies that could even go for months without paying employees.
This attracts termination or cancellation of the licence.
The Act established the Private Security Services Licensing Board which is chaired by the former Police Commissioner Thebeyame Tsimako.
The Act sets out the functions of the Board which include, among other things to receive applications for licences, to set minimum standards and ensure compliance with the minimum standards of training for security service providers and guards, to set a code of conduct for private security service providers, to ensure compliance with existing legislation by security service providers and to protect the interests of users of security services.
It provides that only a person issued with a licence by the Board may establish or carry on the business of providing security services. Contravention of that Clause is an offence and renders one liable to a fine not exceeding P50,000 or to imprisonment for a term not exceeding three months or to both.
It also restricts a person issued with a licence, for provision of security services from employing a person with a conviction or outside Botswana as a security guard without written permission of the Board.
A person who contravenes that provision is liable to a fine not exceeding P5,000 or to imprisonment for a term not exceeding two months or both.
The Minister may, through regulations, reserve certain trades or businesses in the security industry for citizens.
The regulations made by the Minister may also provide that only citizens shall be entitled to carry on as security service providers in such areas in the country as may be prescribed or engage in certain security services.
The Act provides for disclosure of criminal convictions by licensees or partners or directors of companies licensed to operate security services to the Board.
Contravention of that provision is an offence and renders one liable to a fine not exceeding P10,000 or to imprisonment for a term not exceeding two months or both. It also provides for the suspension or cancellation of licences by the Board under certain circumstances.
Clause 25 empowers the minister to appoint an Appeals' Committee to determine appeals lodged by persons aggrieved by the decisions of the Board.
Provision is also made for confidentiality by a licensee or former licensee which precludes a licensee or former licensee from divulging of any information acquired in the course of carrying on the business in respect of which the license had been granted is liable to pay a fine not exceeding P50,000.
Union of Private Security Workers has hailed the Act for protecting the employees, even though its chairperson Phillip Monkutlwatsi said the steep charges might lead to massive loss of jobs in cases where companies failed to pay. He said they will engage with stakeholders to have the Union on board.