The Minister of Police has published Draft Regulations (GN 3580, 23 June 2023) that establish a Complaints Office in the Private Security Industry Regulatory Authority and regulate the procedures for the lodging and processing of complaints against Security Service Providers. Stakeholders are invited to submit written comments or representations on the Regulations to PSIRA by 21 July 2023.
The Private Security Industry Regulatory Authority (“PSIRA” / the “Authority”) receives more than a thousand complaints against Security Service Providers (“SSPs”) annually.
These complaints, which vary in nature and in severity, have historically been lodged through a variety of avenues such as via the PSIRA help desk, telephonically (including the Fraud Hotline), or written communications (email or fax). Complaints may trigger inspections of the implicated SSPs’ operations, and where appropriate, they are referred to PSIRA’s law enforcement department for investigation and further processing in terms of the Improper Conduct Enquiries Regulations, 2003 (“Improper Conduct Regulations”).
In June 2019, PSIRA published a complaints management process guide on its website, that defined a “complaint” as any dissatisfaction regarding the quality of service rendered by an SSP, or any contravention of the PSIRA Code of Conduct, 2003 (the “Code”).
Pursuant to Section 4(r) of the Private Security Industry Regulation Act, 56 of 2001 (the “Act”), which places an obligation on PSIRA to “establish a complaints office to receive, process, refer or deal with complaints regarding the quality of service rendered by security service providers”, the Minister of Police has now by notice in the Gazette ( GG 48841 – GN 3580, 23 June 2023) published Draft Regulations (the “Draft Regulations”) for comment by stakeholders. The Draft Regulations provide for, inter alia, the establishment and operation of a PSIRA Complaints Office and outline the procedures the entity must follow in the processing and management of complaints regarding the quality of service rendered by SSPs, including the appointment of inspectors to investigate complaints.
Key features of the Draft Regulations include detailed procedures and time frames for the submission (including a prescribed complaint form), assessment and investigation of complaints as well as the establishment of a Complaints Committee empowered to, inter alia, make findings, impose binding sanctions and recommend referrals for adjudication in terms of the Improper Conduct Regulations.
Notably, the Draft Regulations introduce a dispute resolution mechanism. The Complaints Office may, during a preliminary assessment of the complaint, convene a conciliation meeting between the complainant and the SSP involved. The facilitation of settlement agreements is also contemplated, as the Complaints Office may also convene settlement meetings between the parties.
Rejection of frivolous complaints is also contemplated. The Complaints Office may decline to process or investigate a complaint any further if, upon assessment, it finds insufficient evidence to substantiate the complaint or trigger further investigation.
The apparent intention of the Draft Regulations is to establish the Complaints Office as the port of first call for complainants aggrieved with the quality of service rendered by SSPs. It is unclear whether all complaints must first be lodged with the Office, or whether complaints of improper conduct, as defined in the Code, may be lodged directly with the Director of the Authority, by delivering a charge/affidavit, as contemplated in Item 3 of the Improper Conduct Regulations.
The Draft Regulations should, in our view:
- clearly differentiate between what is considered “poor quality of service”, and what is considered “improper conduct”;
- clarify whether the Complaints Office may be bypassed in favour of the procedures outlined in the Improper Conduct Regulations, in instances when an allegation of improper conduct is levelled against an SSP; and
- clarify whether all complaints against SSPs are required to be lodged with and assessed by the Office before the procedures in the Improper Conduct Regulations may be invoked.
In addition to the above, we are of the view that the Draft Regulations in their current form require clarification or supplementation regarding, inter alia, the procedures and time frames concerning the appeals process, the stipulation of rectification action to be taken by SSPs, and the nature of sanctions that may be imposed by the Complaints Committee.
In terms of the Notice, interested or affected persons are invited to submit written comments or representations on the Draft Regulations to PSIRA by 21 July 2023.