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‘No one is above the law’- Guarding those who guard

A few weeks ago, a big news story made headlines across the city where a night in the popular Second Avenue turned into a tragedy, leaving locals with many questions after bouncers were scrutinised for the way they handled an incident that led to a fatality.

Because of that incident, Bloemfontein Courant reached out to a local security company to find out who guards those who guard.

According to representatives from Invicta Security Solutions in Bloemfontein, security officers who receive the relevant training and qualifications for their positions should be vetted before they are employed.

“The vetting process is a crucial stage in recruitment where the employee thoroughly investigates a candidate’s credentials, background and other details to evaluate if they’re fit for a specific task. By conducting these checks, employers ensure they choose the most qualified candidates for their job offerings,” they said.

Furthermore, Invicta Security Solutions mentioned that their security personnel are accredited by the Private Security Industry Regulatory Authority (PSIRA).

“PSIRA oversees the classification of security personnel. These classifications are essential in determining the capacity in which a security officer may operate within the industry,” mentioned Marisca Steyn from Invicta.

She mentioned that armed security officers and unarmed guards are privately employed by either professional security companies that contract out guard services, or they’re employed directly as an in-house guard for a business. The security companies should also be Psira registered.

“Disclaimers are an essential way of protecting your security company and the private property you as a company are protecting, from any legal claims. Although they do not prevent this in total, they will help manage expectations and limit liability. Disclaimers should clearly outline what the requirements are when entering a property for example searching, scanning your ID and/ or driver’s license and CCTV,” said Steyn.

In this instance it is advisable to understand what jurisdiction guards or security officials have on the premises they protect.

“The principle to security is that no one is above the law, and all are subject to the same legal rules and protection. Whether rich or poor, young or old, regardless of gender, race, culture, or religion, everyone should be treated equally. Always respect each other when handling a situation. Never escalating a situation beyond the minimum necessary response level is the best way to protect property and life,” she concluded.

 

If granted power by their local authorities, a security guard have legal powers to carry out the following on the premises over which they have jurisdiction (as provided by Marisca Steyn):

  • Security officers can make an arrest without a warrant if they witness a person committing an offence on the property they are employed to protect or if they have reasonable grounds to suspect a person has committed an offence.
  • They can detain a person for a reasonable period until the police arrive if they have made a lawful arrest or have reasonable grounds to suspect that a person has committed an offence on the property they are employed to protect.
  • Searching is permitted in cases where permission has been granted by a contract signed between the client and the private security company and when a security guard has reason to suspect a person has stolen something or has a weapon in their belongings.
  • The use of force is allowed. Force must be reasonable and proportional when necessary to protect themselves and the property they are protecting, or other people on the premises. It is critical for guards to act with caution and not with impulse. If a security officer oversteps his or her legal bounds, it can cause legal complications for the officer and the company they’re employed by.

 

 

Gypseenia Lion

[email protected]

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