A proposed amendment bill that seeks to tighten regulation around arms, especially shotguns and semiautomatic rifles, could have adverse ramifications for road hauliers and security firms tasked with the protection of cargo, a Paarl attorney has warned. Speaking at a recent conference hosted by the Transport Asset Protection Association, Heinrich Gonzales of HFG Attorneys sketched in broad strokes what can basically be summed up in a simple but chilling scenario – that if the “proposed amendment regulations of the Private Security Industry Regulation Azzct” was ever signed into law, it will be like taking a revolver to a machine gun fight. Essentially, the proposed amendment, gazetted as government notice 42496 on May 31 and which has passed the 30-day timeline for public comment, serves to change the act governing the Private Security Industry Regulation Authority (Psira). Gonzales explained that security companies are required to pass the necessary training and competency regulations in order to obtain Psira accreditation before they can operate in South Africa. And yet, he said, that’s only “the one leg”. “The other leg is the Fire Arms Control Act under which security outfits have to apply for business licences. Currently, the latter doesn’t prescribe to applicants what arms they can carry, as long as it isn’t a machine gun. “But the Psira amendment wants to change that. The government wants to make it more difficult for security companies to equip themselves with certain weapons.” At a more technical level, Gonzales said, it comes down to creating categories for certain high-calibre arms that in the main will restrict the firepower of some security companies and have possible ramifications for high-risk cargo carriers on South Africa, roads. Quoting from the amendment, Gonzales read that “handguns and shotguns may only be issued to security officers involved in reaction services or armed response services, for protection of valuables that are being transported, private investigations services, environmental protection or anti-poaching, closed protection services and protection services at national key points”. More importantly, with particular bearing on transporters seeking security assistance against attacks on roads such as the N3 to the Port of Durban, is the following excerpt from the amendment: “Semi-automatic rifles may only be issued to security services protecting valuables that are being transported, such as cash-in-transit (CIT) security personnel.” In the event of an escalation of arson attacks on the N3, for example, fuel tanker carriers may not expect the same type of private hired guns that was contracted for top-up protection, in addition to police and army escorts, that the country witnessed when truck torching started flaring up in 2017. Asked what constitutes “valuables”, whether it’s only CIT or if provision could be made for other types of cargo, Gonzales said “such a decision would be at the discretion of the relevant authorities”, such as transport minister Fikile Mbalula. And although he believes that the amendment will most likely never become law, Gonzales urged security personnel and road hauliers transporting valuable and dangerous cargo to acquaint themselves with the ins and outs of the proposed changes to Psira legislation. “Essentially, it boils down to over-regulation of the firearms industry. Psira and the Firearms Control Act are really irreconcilable and I don’t know how they want to proceed with this.” Should it ever pass parliamentary muster and be signed into law, the security industry would most likely have consolidated around fighting the amendment “by tying it up in litigation that could go so far as the Constitutional Court”
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The government wants to make it more difficult for security companies to equip themselves with certain weapons. – Heinrich Gonzales