PROPOSED AMENDMENTS TO THE PRIVATE SECURITY INDUSTRY ACT 2007 FOR IMPROVED SECURITY MANAGEMENT OF FACILITIES

Abstract

In recent times, there seems to be an increase in the frequency of media coverage regarding the abuse of Security Officers (“SOs”). The outbreak of COVID-19 in 2020 had seemingly made the situation worse, as various inconveniences such as Safe Management Measures were to be enforced by Security Officers. As the first line of security when guarding the premises, Security Officers often find themselves having to play the role of educators. Such responsibilities include the restriction of entry for members of the public (“MOP”) without clearance, persuasion of MOPs to adhere to by-laws and even performing duties that are expected of other employees. This has resulted in SOs becoming more open to all sorts of vulnerabilities, which often result in several forms of abuse. The Private Security Industry Act 2007 (2020 Rev. Ed.) (“PSIA”) had undergone changes in 2022 through the passing of the Private Security Industry (Amendment) Act 2021 (Act 29 of 2021) (“PSIAA”). Enaction of the PSIAA involved doubling of the penalties and sentencing meted out to MOPs who plead guilty of abusing SOs. However, it remains to be seen whether the current PSIA will be effective in reducing the frequency of abuse cases. Mixed reviews with regards to the PSIAA were gathered from industry leaders. While an association and a leading security company was of the view that the PSIA is currently sufficient, the union was sceptical about the efficacy of the new legislation. This dissertation seeks to propose additional regulation and legislation to improve the security management of facilities. Efficacies of body-worn cameras and the provision of defence for self-defence during court proceedings will be looked into. Suggestions from the industry leaders will also be considered, which include the use of legislation to redefine how security services are procured.