Private Security Industry Act; South Africa

The Private Security sector is regulated by Private Security Industry Regulatory Authority

(“PSIRA”). The primary objectives of the authority are to regulate the private security

industry and to exercise effective control over the practice of the occupation of security

service provider in the public and national interest and the interest of the private security

industry itself. The application for registration as security service provider must be made

to that Authority.

What is the procedure to register a security company in South Africa?

The application for registration

The Security company must be incorporated according to the Company Act, Section 13

(1) of the Company Act No 77 0f 2008 of South Africa. (“Company Act”).

In addition to this procedure, we note that the registration of security provider is

regulated by Private Security Industry Act No. 56 of 2001 (“Security Act”).

Section 21 (1) of the Security Act states that any application for registration as a service

provider must be made to the Authority in the prescribed manner and must be

accompanied by a clear and complete set of fingerprints taken in the prescribed manner;

of the applicant if the applicant is a natural person; of every individual in charge of

executive or managing duties if the application is a security business; of each director if

the application is a company; of each member if the applicant is a close corporation; or

of each partner if the applicant is a partnership.

The Requirements for the Registration of Private Security companies are;

Any natural person applying for registration in terms of section 21 (1) of the Security Act,

may be registered as a security service provider on the following conditions: be a citizen

of or has permanent resident status in South Africa; be at least 18 years of age; have

complied with the relevant training requirements prescribed for registration as a security

service provider; never been found guilty of improper conduct within a period of 5 years,

or guilty of an offence specified within a period of 10 years;

If the applicant is an ex-military, security, police or intelligence force or service in South

Africa or elsewhere must submit a clearance certificate , together with such other

information as the Authority may reasonably require. There is also an annual registration

of R 4,200 and R 7.00 per month for every security employed or deployed that month.
Private Security Regulation Act: Kenya

The private security industry in Kenya is regulated by the Private Security Regulation Act

No. 13 of 2016. The main objective of the Act is to provide for a framework of regulating

the industry in accordance with the values and principles as per Constitution of Kenya of

2010 and to provide a relationship or cooperation between the private security services

industry and state security agencies,

The Requirements for the Registration of Private Security companies are; any person or

firm offering private security services is mandated to seek registration by the Private

Security Regulatory Authority (Section 3). Any person who engages in the provision of

private security services at a fee without having being registered does so unlawfully

(Section 21). All security guards, private security officers employed in private security

firms and private security providers should be registered (Section 22).

How Registration Process is done?

To be registered and start a private security firm, a person or firm should make an

application for registration, pay required application fee and satisfy the requirements of

being; A citizen of Kenya or a person who is resident in Kenya, be over 18 years of age,

be of sane or sounded mind. Attend training in security matters in an institution

recognized by the Private Security Regulatory Authority, Submit a certificate of good

conduct issued by the Directorate of Criminal Investigation and with no criminal record.

Whereby one has passed to the disciplined services or ex-military, he or she should

produce a certificate of discharge and a certificate of clearance from such service.

According to Section 25 of the Act, A Certificate of Registration and certificate of

registration by the Private Security Regulatory Authority is issued to an applicant upon

successful application.

This registration goes together with paying an annual fee and annual renewal by a holder

of certificate. In the same vein the law prohibits private security service firms from

employing a private security service provider, a security guard or a trainer who is not

registered.

The Private Security Regulatory Authority may reject applications or refuse registration

or may refuse to grant a license or Cancel a License to an applicant where;

A Court of competent jurisdiction has passed a decree for its winding up or any of its

Directors has been convicted of an offence and sentenced to imprisonment for a period

exceeding six months; has been convicted. The Private Security Regulatory Authority has

powers to revoke licenses in case the licensee gave false information in connection with

its application for the grant or renewal of its license.