Farmers seek clarity on who can work as a security gaurd

The Constitutional Court has found that farmworkers who occasionally do security duties, even temporarily, have to be registered as security guards in terms of the Private Security Industry Regulation Act. Farmers also contravene the Act if the workers aren’t trained for the task.
This was after police arrested farmworkers for patrolling and manning boom gates on ZZ2 Farms earlier this year. Organised agriculture is now looking at ways to get the Act amended. It’s argued some of the sections are vague, overly regulatory and therefore unconstitutional.
The Constitutional Court ruling was given in the case of Bertie van Zyl (Pty) Ltd and Montina Farming (Pty) Ltd versus the minister of safety and security and others concerning the interpretation of Sections 20(1)(a) and 28. The applicants wanted these sections declared unconstitutional
TAU SA deputy general manager, Chris van Zyl said the union is investigating possibilities of amending the Act. He explained it’s important to remember that a business owner or farmer is entitled to make arrangements to protect life and property. He added that the lawmakers had not consulted widely on the issue.
Annelize Crosby, Agri SA portfolio manager for parliamentary liaison and land affairs, said the union is concerned about the broadness of Section 20(1)(a) of the Act.
This stipulates: “No person, except a security service contemplated in Section 100 of the constitution may render a security service for remuneration, reward, a fee or benefit, unless registered as a security service provider in terms of this Act”.
Crosby said a paragraph defining a security service as “protecting or safeguarding a person or property in any manner” is cause for concern. It’s argued this could include the work of a shepherd, cattle herder, child minder or self-employed car guard. All these jobs are primarily concerned with the protection of persons or property.
But Sabelo Gumedze, senior researcher at the Defence Sector Programme, part of the Institute for Security Studies, said the Private Security Act applies only to persons employed as security providers.
He said once an employee is employed as security provider they’re required to register with the private security authority. “Clearly, a cattle herder or a domestic worker, both of whom protect an employer’s property in the regular course of their work, don’t fall under the Act’s provisions,” Gumedze said.
Crosby said Agri SA wants to have a meeting with the safety and security minister to discuss the issue. She concluded that Agri SA’s legal department would study the ruling carefully before deciding to go to parliament to apply for the amendment of the Act. – Peter Mashala