/ 4 May 2009

Court to rule on security guards

The Constitutional Court is to hand down a ruling on Thursday on a case challenging the rules on security guards.

It follows a high court action brought by Limpopo tomato farmers when police began arresting farm employees doing security duties.

The Private Security Industry Regulation Act prohibits unregistered people providing security services, and has a code of conduct regulating employees used to protect an employer’s own property.

The High Court in Pretoria ruled that people ensuring security on an ad hoc basis, as a by-product of their jobs, need not register as guards.

It also ruled that the section of the Act that sought to impose the code of conduct on in-house security personnel and their employers was unconstitutional.

The high court judgement was referred to the Constitutional Court for confirmation, which the minister of safety and security is opposing. — Sapa