- The draft regulations, when enacted, will reshape how security firms operate and interact with society
- The regulations also require that animals including dogs and horses are used, should be kept healthy, sufficiently nourished
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The government has published four draft regulations aimed at addressing the evolving security challenges and ensuring greater accountability in private security firms.
The regulations will require stringent reporting and compliance standards that will compel private security firms to operate with newfound transparency, offering clients and the public at large greater insight into their practices.
The Private Security (Fidelity Fund Operations) Regulations, 2024, The Private Security (Procedure for the Appointment of Members of the Board) Regulations, 2024, The Private Security (Fidelity Fund Operations) Regulations, 2024 and the Private Security (General) Regulations, 2024 are to be subjected to public participation.
All views, proposals and memoranda for consideration from private security providers, employers, employees, consumers and the general public on the draft regulations are expected to reach the office of the Cabinet Secretary for Interior by March 12, 2024.
Among others, the regulations also require that animals including dogs and horses are used, should be kept healthy, sufficiently nourished, and have freedom from suffering from unpleasant states such as pain, fear or distress.
The draft regulations, when enacted, will reshape how security firms operate and interact with society, and ensure transformation within the industry that extends beyond operational efficiency to encompass social and ethical considerations.
According to the Private Security Regulatory Authority (PSRA), the draft regulations will also fundamentally reshape how security firms operate and interact with society.
“The regulations will enable the private security industry to realise its full potential as a guardian of safety and security, fostering a culture of trust and collaboration that benefits society as a whole,” PSRA said.
The regulations also give guards powers to arrest and search individuals without a warrant of arrest.
“A private security service provider may under no circumstances detain and arrest a person in any facility other than a police lock-up facility. A private security service provider who effects an arrest shall be under a duty to cooperate with a police officer in the investigation of the offence and where necessary, in adducing evidence in a court of law,” the regulations read.
Regarding the appointment of Board members, the draft regulations state that two or more private security firms or two or more private security service providers may form an association to regulate the affairs of its members in accordance with its rules and regulations.
The associations will be expected to maintain a register of members.
The register shall include the name, address and occupation of the members, in the case of individual members, the name and physical address of the registered office, in the case of body corporate members, the date on which each member was admitted to membership and the payments made.
Under the Fidelity Fund Operations, the funds will be used to defray the administrative and operational expenses of the Authority, organise training workshops and seminars for private security providers; and for ensuring full implementation of the Act.
The Board of Trustees for the Fund will be chaired by the CS Interior and members will be the Principal Secretary responsible for matters relating to finance; and the Director of the Board as an ex-officio member.
It will also include two other persons of either gender representing corporate private security service providers and individual private security service providers appointed by the CS.
The regulations also set tough conditions for the registration of private security service providers.
For instance, an application for registration shall be accompanied by a copy of the national identity card or valid passport of the person, in the case of individuals, a copy of the certificate of incorporation or other formal registration document, valid tax compliance certificate and three years of audited accounts of the private security firm or six months’ bank statements in case of individuals.
Others are proof of compliance with all statutory deductions, a copy of a valid insurance policy for the private security firm and a private security training certificate for every director, partner, trustee, administrator and management staff.
The applicants will also be required to furnish the Authority with a list of all security equipment and tools of trade, sample set of uniforms for all private security ranks accompanied by full photographs of each rank in uniform.
They will also need a certificate of compliance for safe handling, care and use of animals issued by a certified veterinary surgeon where applicable.