What can security guards legally do?
Private security guards are not police officers and thus, do not have the legal powers that police officers have.
Security guards are the frontline defence for residents’ property, assets, employees, and customers or guests.
However, private security guards are not police officers and thus do not have the legal powers that police officers have. Their legal powers have limitations, and they basically have the same rights as private citizens when acting on crimes.
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In South Africa, any individual or company providing security services for payment must be registered with the Private Security Industry Regulatory Authority (PSIRA).
According to PSIRA, the Code of Conduct for Security Service Providers, 2003 places statutory obligations on security services providers towards clients.
“Contravention of the Code of Conduct constitutes improper conduct as well as a criminal offence,” states the PSIRA website.
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The Act also places an explicit legal duty on consumers of private security services to only use legitimate and registered security service providers.
Although security guards do not possess the same authority as police officers, they play a significant role under the law. Among their key responsibilities include preventing crime, monitoring for suspicious behaviour, and responding decisively to security incidents within their jurisdiction while adhering to local laws and regulations.
“In terms of section 38(3)(g) of the Act, consumers are guilty of a criminal offence and can be prosecuted for intentionally or negligently using the services of security businesses that are non-compliant with the Act. On conviction of a contravention in terms of this section, a consumer is liable to a fine or imprisonment for a period not exceeding 24 months, or to both fine and such imprisonment.”
Security guards need to undergo specific training and obtain PSIRA registration with a designated grade depending on the level of security required for their role. PSIRA conducts regular inspections and audits to ensure security companies and guards are adhering to the required standards and regulations.
What can a security guards legally do:
- The primary role of security guards is to observe suspicious activities, protect your people and property, and report incidents to law enforcement. Not to enforce the law.
- Guards can only use reasonable and justifiable force that is proportional to the security risk and safety of the people around. Force should be a last resort.
- Security guards can ask people to leave your premises, search people with their consent, make a citizen’s arrest, and detain suspected individuals for a reasonable amount of time.
- Guards cannot legally arrest people and detain law violators indefinitely. They should contact law enforcers immediately to take over and handle the situation legally.
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