13936 Learner guide - osha.co.zaosha.co.za/attachments/13936__Learner_guide.pdf · The learner...

OUTLINE THE LEGAL ENVIRONMENT OF A SELECTED INDUSTRY

FACILITATOR/LEARNER GUIDE

Unit Standard No: 13936

Unit Standard Credits: 2

NQF Level: 3

SKILLS PROGRAM 3

BOOK 5

3

REVIEW AND ALTERATION OF TRAINING MATERIAL

What follows is a brief explanation of the process that was followed in the alteration of this training

material. A working group was formed after inviting interested parties to attend a meeting at SASSETA.

The working group was mandated to review the material and thereafter make the necessary changes so

as to provide the industry with a more user friendly set of materials which better reflects the needs of the

security industry.

It must be understood that this is the first review and by no means the final review. The working group

was placed under enormous pressure to get a workable set of materials into the hands of the accredited

security industry training providers as quickly as possible. We therefore have no doubt that even though

the materials have been vastly improved upon, there are still areas that may require change. This we

plan to do in the next renewal phase after we receive feedback from training providers who have used

the material for approximately a year.

Our review process focused on the following:

• Removal of unnecessary information/duplication from the learning material.

• Ensure alignment with the unit standards.

• Re-draft all formative and summative assessments.

• Correct inappropriate use of language.

TASK TEAM

The task team that completed the work on this training material deserves a very special “thank you”,

considering that all their time and efforts were provided free of charge. Nobody was paid for any of the

work done on behalf of the task team. SASSETA provided funding for the expenses incurred in printing,

typesetting, lunch and refreshments.

The task team members are as follows:

Andre Pretorius International Firearm Training Academy

Andre Wilken SSN

Dave Dodge ESKOM

Eddie Du Plooy/ Elvis Masera SBV Services

Jean Du Plessis Lyttleton Firearm Training Centre

Leon van Rooyen NAD

Lionel Arries SASSETA (observer/adviser)

Marion Colley Pexco Security and Training

A very sincere thank you to all of these individuals and the companies they work for, who allowed them

to participate during business hours. This could not have been done without your commitment.

Sincerely

Andre Pretorius

Task Team Chairman

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Learning program guide 5-6

1. Introduction 5

2. Purpose of this learning program 5

3. Standards and qualifications 5

4. Assessments 5

5. Security program matrix 6

Study Unit 1: SSttrruuccttuurreess ooff aann oorrggaanniizzaattiioonn 7-11

1. Introduction 8

2. Consumer Protection Act 9

3. Statutory elements in the structure of an organisation in a selected industry

9

4. The legislated positions within an organisation in a selected business sector.

10

Study Unit 2: The roles and relationship of the legislated bodies 12-17

1. Introduction. 13

2. Competency-based management. 13

3. Director. 14

4. Company secretary. 14

5. Chief Executive Officer (CEO) 14

6. Human resource manager 14

7. Finance manager 15

8 Marketing manager 15

9. Types of organisational structures in management. 16

Study Unit 3: Structure of a company in own business sector 18-21

1. Organisational chart 2=19

2. Reasons for regulating the industry 1820

Study Unit 4: Regulating bodies 22-26

1. Regulating the private security industry 23

2. Summary of the PSIRA Act 23

3. Mind map of the main points of the PSIRA Act 25

4. SASSETA 26

5. Amendments of the PSIRA Act 26

UNIT STANDARD 27-29

LEARNER WORKBOOK SECTION 30-33

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1. Introduction This learning program is part of a complete qualification. The qualification is General Security Practices NQF level 3.

2. Purpose of this learning program A person credited with this unit standard will be able to: ♦ Identifying the statutory elements in the structure of an organisation in a selected

business sector and describe the structure of such a company ♦ Explaining how their own business sector is regulated and know the main points of the

legislation that apply to the industry

2.1 Target group

This program is compiled for the following target group:

• Security members

• South African Defense Force members • South African Police Force members • Correctional Services • Individuals who wishes to complete the NQF level 3 National Certificate in security practices

3. Standards and qualifications Unit standards are the “building blocks” of qualifications. All qualifications are plotted on the National Qualifications Framework (NQF). Unit standards comprises of outcomes. An outcome is a statement that describes the required competency that must be demonstrated by the learner on successful completion of a training intervention.

4. Assessments The assessment criteria describe the evidence that is needed that will show that the learner has demonstrated the outcome correctly. Kindly refer to the unit standard attached hereto for the assessment criteria listed under each Specific Outcome in order for you to see what you will be assessed against.

You will be required to complete 2 written exams. The first is a formative assessment (open book exam) and the second is a summative assessment (closed book exam). The purpose of the formative assessment is to prepare you for the summative assessment. The learner guide will remain the property of the learner once the LEARNING PROGRAM has been completed.

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5. Security program matrix

SKILLS PROGRAM 1: SASSETA E

1 246694 Explain the requirements for becoming a security service provider

Level 3 4 Credits

2 244184 Apply legal aspects in a security environment

Level 3 8 Credits

3 244182 Give evidence in court Level 3 4 Credits

4 244176 Use security equipment Level 2 2 Credits 5 244181 Perform hand over and take over

responsibilities Level 3 2 Credits

6 244177 Conduct a security patrol in area of responsibility

Level 3 7 Credits

7 244179 Handle complaints and problems Level 3 6 Credits 8 12484 Perform basic fire fighting Level 2 4 Credits 9 116534 Carry out basic first aid treatment in the

workplace Level 3 2 Credits

SKILLS PROGRAM 2: SASSETA D

1 244189 Conduct access and egress control Level 4 7 Credits 2 242825 Conduct evacuations and emergency drills Level 4 4 Credits 3 11505 Identify, handle and defuse security

related conflict

Level 4

12 Credits

4 117705 Demonstrate knowledge of the Firearms Control Act 2000 (Act No. 60 of 2000)

Level 3

3 Credits

5 113924 Apply basic business ethics in a work

environment

Level 2

2 Credits

6 119465 Write/present/sign texts for a range of

communicative contexts

Level 3

5 Credits

7 114979 Operate a computer workstation in a

business environment

Level 3

2 Credits

SKILLS PROGRAM 3: SASSETA C

1

113909 Coach a team member in order to enhance individual performance in work environment

Level 3

5 Credits

2 13912

Apply knowledge of self and team in order to develop a plan to enhance team performance

Level 3

5 Credits

3

244578 Describe how to manage reactions arising from a traumatic event

Level 3

2 Credits

4

113852 Apply occupational health, safety and

environmental principles

Level 3

10 Credits

5

13936 Outline the legal environment of a selected industry

Level 3

2 Credits

6

119472 Accommodate audience and context needs in oral/signed communication

Level 3

5 Credits

7 11508 Write security reports and take statements Level 4 10 Credits

Access control

officer/Grade D

Asset & Reaction

officer/Grade C

Patrol Security

officer/Grade E

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SSTTUUDDYY UUNNIITT 11

SSTTRRUUCCTTUURREESS OOFF AANN OORRGGAANNIISSAATTIIOONN

LLEEAARRNNIINNGG OOUUTTCCOOMMEESS

OOnn ccoommpplleettiioonn ooff tthhiiss ssttuuddyy uunniitt tthhee ssttuuddeenntt wwiillll……..

♦ Demonstrate an understanding of the Companies Act.

♦ Demonstrate an understanding of the Consumers Protection Act (Act 68 of 2008)

♦ Demonstrate an understanding of the statutory elements in the structure of an organisation in a selected industry.

♦ Demonstrate an understanding of the legislated positions within an organisation in a selected business sector.

♦ Demonstrate an understanding of the general structure of a company.

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1. Introduction

Two new acts came into operation recently which will change the legal environment for businesses dramatically. They are the new Companies Act of 2008 effective from 1st May 2011 and the Consumers Protection Act (Act 68 of 2008) effective from 1st April 2011

• The Companies Act, 2008 constitutes a completely new corporate law for South Africa, and will replace the current Companies Act, 1973 (as amended by the Corporate Laws Amendment Act) and amend the Close Corporation Act, 1984.

• The Act provides for a number of new features, including: • The classification of companies into either profit or non profit companies. Profit companies are

divided into 4 categories – private companies, personal liability companies, state owned companies and public companies.

• The Act provides for stricter accountability and transparency requirements for state owned companies and public companies.

• A codified standard for director’s conduct and strict director liability provisions. • A revised regime for takeovers and fundamental transactions. Specific provision is made for

compulsory acquisition of minority shareholding in a takeover scenario, appraisal rights for dissenting minority shareholders, and court approval is only required where a significant minority (15%) is opposed to the transaction.

• A capital maintenance regime based on solvency and liquidity that abolishes the concept of par value shares and nominal value shares.

• A modern business rescue regime which is largely self administered by the company, under independent supervision, and subject to court intervention at any time on application by any of the stakeholders.

• The Act is characterised by flexibility, simplicity, transparency, corporate efficiency and regulatory certainty. It is drafted in plain language, and is not as detailed and prescriptive as the current Act. Companies are allowed flexibility to change certain requirements to suit their specific circumstances.

• “There is a reduction particularly on the regulatory burden on small medium micro enterprises. The requirement for financial reporting for small companies has been reduced considerably in that they do not have to produce audited financial statements, but will need to have financial reporting at an appropriate low level. The major innovation is the introduction of business rescue scheme which means that instead of companies going into major judicial management as they do now, which is almost invariably a route to an eventual bankruptcy; a rescue process will be initiated. Then creditors can be held at bay while stakeholders work to rescue the company which is a major and very important innovation”,

• The signing of the Companies Amendment Act implies that the Companies and Intellectual Property Commission (CIPC), which was launched by Minister Davies on 18 April 2011, will be open for business as of 1 May 2011 The Commission will ensure that the regulatory framework for enterprises promote growth, employment, innovation, stability, good governance, confidence and international competitiveness. The Act also gives the Commission powers to investigate companies and to ensure that they comply with the legislation. This include seizing documents and to address the burning issue of corporate identity hijacking.

Registration of Close Corporations (CC) will cease under the new Companies Act which comes into effect on 1 April 2011; however currently registered Close Corporations will still be maintained.

The new South African Companies Act provides for the continued existence of currently registered Close Corporations (CC), but negates any further registrations of new CCs. All existing CCs registered with the Companies and Intellectual Property Registration Office (CIPRO) as of the effective date of the new Act (1 April) will continue to exist, and all amendments to CCs will be accommodated by the new Companies Intellectual Property Commission (CIPC) which is scheduled to be implemented at the same time that the act is put into effect.

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a. Conversion to private company

The new Act does not force Close Corporations to convert into companies, however due to simplified legislation, reduction of regulatory burden, and simplicity of formation - this is encouraged. The Private Company will replace the CC as the preferred vehicle for small and medium businesses under the new Act.

2. Consumer Protection Act

The Consumer Protection Act, No. 68 of 2008 was signed into law on 24 April 2009. It came into operation on the 1st of April 2011.The aim of the Act is to make markets work better for consumers by ensuring that consumers:

• are able to make well informed buying decisions; • are able to access a wide range of products and services based on honest and fair marketing

and selling practices; • have access to efficient and effective redress; and • are educated about their rights and responsibilities.

3. Statutory elements in the structure of an organisation in a selected industry There are a number of statutory elements that stakeholders must take note of if they want to work in the security industry. These statutory elements (acts) are relevant to the industry in conjunction with the Constitution of South Africa and the normal criminal law. These elements are not limited to however include the following:

♦ Private Security Industry Regulatory Act

♦ Companies Act 2008

♦ Consumer Protection Act (Act 68 of 2008)

♦ South Africa’s Electronic Communications and Transactions Act

♦ Occupational Health and Safety Act

♦ Basic Conditions of Employment Act

♦ Labour Relations Act

♦ Skills Development Act

♦ Employment Equity Act

♦ Road Traffic Act

♦ South African Qualifications Authority Act (SAQA) ACT

♦ National Key Point Act In addition to the regulatory bodies established by law, the security industry has established a number of bodies to regulate itself. Membership in these bodies is voluntary as they are not established by law. They include: Security Association of South Africa (SASA), whose membership is open to companies offering any type of security service South African National Security Employers Association (SANSEA), an employers' organization for companies in the security hawgs, barlow industry Electronic Security Distributors Association (ESDA), an association of importers and distributors of electronic security equipment. South African Intruder Detection Services Association (SAIDSA), an association of companies providing alarm monitoring and armed response services Vehicle Security Association of South Africa (VESA) The industry has no single trade union. Its members are represented by several unions, most of whom are members of the Congress of South African Trade Unions.

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4. The legislated positions within an organisation in a selected business sector

a. An aspect of the new Companies Act (No 71 of 2008) is that it records the common law duties and responsibilities of directors, which provides clarity in the performance of the obligations. Companies and their directors also have a social responsibility. Generally, corporate social responsibility is the obligation to take action that protects and improves the welfare of society as whole as well as organizational interests. According to the concept of corporate social responsibility, a manager must strive to achieve both organizational and societal goals

b. General Structure of a Company

A company will normally have a structure with specific positions and a specific person appointed to each position. Look at the following examples and the organizational chart thereafter. Director - for example Matthew Balcomb, director of Majuda Software Southern Africa, Chief Executive Officer (CEO) - for example Jacques Malherbe, the CEO of Westcon SA Company Secretary- for example Sanet De Witt Group Company Secretary: Dimension Data

Human Resource Manager- for example- Jenny Breakey Regional HR Manager at Chubb SA

Financial Manager- for example Anil Khandelwal Chief Financial Officer (CFO) Neotel

Marketing Manager-for example Stefano Mattiello Chief Sales and Marketing Officer (CSMO) Neotel

Regional Manager- for example Gert Nel of Africa Security Solutions. See example of an organisational chart on the next page.

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Organisational chart

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TTHHEE RROOLLEESS AANNDD RREELLAATTIIOONNSSHHIIPP OOFF TTHHEE LLEEGGIISSLLAATTEEDD BBOODDIIEESS



♦ Demonstrate an understanding of the roles and relationship of the legislated bodies.

♦ Demonstrate an understanding of competency-based management.

♦ Demonstrate an understanding of the roles of a director, company secretary, Chief Executive Officer, human resource manager, finance and marketing managers.

♦ Demonstrate an understanding of the types of organisational structures in management.

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1. Introduction In any organisation the inter relationship of sections and their heads is very important. For example if Finance and HR do not communicate a 100% with each other the employee might not receive his or her correct salary.

The planning processes of most best practice organizations not only define what will be accomplished within a given timeframe, but also the numbers and types of human resources that will be needed to achieve the defined business goals (e.g., number of human resources; the required competencies; when the resources will be needed; etc.).

2. Competency-based management

Competency-based management supports the integration of human resources planning with business planning by allowing organizations to assess the current human resource capacity based on their competencies against the capacity needed to achieve the vision, mission and business goals of the organization. Targeted human resource strategies, plans and programs to address gaps (e.g., hiring / staffing; learning; career development; succession management; etc.) are then designed, developed and implemented to close the gaps.

These strategies and programs are monitored and evaluated on a regular basis to ensure that they are moving the organizations in the desired direction, including closing employee competency gaps, and corrections are made as needed. This Strategic HR Planning and evaluation cycle is depicted in the diagram below.

This whole process boils down to one rule the heads of department do have a responsibility towards each other and all will at the end report to the CEO, or director of the company. The director or CEO will report to the Board of directors and or the owner of the company

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3. Director Now for the first time in South African company law according to the new Companies act the legal role and the duties and responsibilities of directors have been codified and described in the Act. The Act describes the duties of directors as a summary of the existing common law, including their fiduciary duties and duties of care, skill and diligence. It is not explicitly stated that the Act replaces existing common law, but rather, in determining the liability for breach of duties, common law principles will be applied in relation to fiduciary common law duties and the duties of care, skill and diligence. These roles give rise to the following directors’ duties:

• To act in good faith towards the company • To act only within their powers and use their powers only for purposes which benefit the

organisation. Directors who act outside their powers bind the company to the transaction but may be held personally liable if a loss results

• Not to use for personal gain any information acquired in their capacity as a director • To act in the best interests of the company and to avoid a conflict between personal and

company interests • To exercise independent judgment in decision-making. A director who is appointed to

represent an interest group, for example employees, is nevertheless obliged to act in the best interests of the company as a whole

4. Company secretary Company secretary is a senior position in a private company or public organisation, normally in the form of a managerial position or above. The Company Secretary is responsible for the efficient administration of a company, particularly with regard to ensuring compliance with statutory and regulatory requirements and for ensuring that decisions of the Board of Directors are implemented Company secretaries are the primary source of advice on the conduct of business and this can span everything from legal advice on conflicts of interest, through accounting advice on financial reports, to the development of strategy and corporate planning.

5. Chief executive officer (CEO) A chief executive officer (CEO, American English), managing director (MD, British English), or chief executive is the highest-ranking corporate officer (executive) or administrator in charge of total management of an organization. An individual appointed as a CEO of a corporation, company, organization, or agency typically reports to the board of directors. Many CEOs have the title "Chairman and CEO", which typically indicates that the CEO is also chairman of the company's board of directors. The responsibility of a chief executive officer is to align the company, internally and externally, with his or her strategic vision. The core duty of a CEO is to facilitate business outside of the company while guiding employees and other executive officers towards a central objective. The size and sector of the company will dictate the secondary responsibilities. A CEO must have a balance of internal and external initiatives to build a sustainable company.

6 Human resource manager Duties/functions may include, but are not limited to, the following:

• Manages and organizes multiple functional areas within Human Resources including providing technical direction to technical/professional and clerical staff within assigned areas.

• Consults with and advises administrators and employee representatives on personnel-related policies and procedures.

• Interprets and communicates laws and regulations to ensure the agency is aware of its legal responsibilities; in conjunction with the Legal Department

• Develops and implements personnel rules and regulations, and interprets and administers human resources-related provisions of collective bargaining agreements.

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• Analyzes processes and procedures in assigned functional areas including conducting research and statistical analyses, and makes recommendations for improvement.

• Develops, implements, and administers large and/or complex research studies or projects that may include the development and validation of selection instrumentation for a variety of classifications.

• Establishes collaborative relationships with various functional and departmental areas of the District.

• Trains and evaluates subordinates and prepares preliminary budget reports in assigned functional areas.

• Represents Human Resources Department at a variety of meetings and advises the Human Resources Director in alternative courses of action in Human Resources issues.

• Presents written and oral reports on a wide variety of human resources related issues.

• May participate in labor negotiations and/or recommend preliminary proposals including cost implementation projections.

• May be required to temporarily replace or act in the position of the senior District staff member to whom this position normally reports, and may be required to perform some or all of the senior staff member's essential functions in such situations.

7. Finance Manager The duties of financial managers vary with their specific titles, which include controller, treasurer or finance officer, credit manager, cash manager, and risk and insurance manager. Controllers direct the preparation of financial reports that summarize and forecast the organization's financial position, such as income statements, balance sheets, and analyses of future earnings or expenses. Controllers also are in charge of preparing special reports required by regulatory authorities. Often, controllers oversee the accounting, audit, and budget departments. Treasurers and finance officers direct the organization's financial goals, objectives, and budgets. They oversee the investment of funds and manage associated risks, supervise cash management activities, execute capital-raising strategies to support a firm's expansion, and deal with mergers and acquisitions. Credit managers oversee the firm's issuance of credit. They establish credit-rating criteria, determine credit ceilings, and monitor the collections of past-due accounts. Managers specializing in international finance develop financial and accounting systems for the banking transactions of multinational organizations.

8. Marketing Manager A marketing manager is in charge of setting the company's marketing strategies, carrying out the marketing and promotional activities as well as managing staff .The roles and responsibilities of a marketing manager vary by industry, organization and size of department. In large companies, particularly when there is more than one marketing manager, they work under a marketing director or vice president.

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9. Types of Organizational Structures in Management

One type of organizational structure is a product organizational structure. Security companies are delivering a product in the form of protection to their clients.

• Small companies can use a variety of organizational structures. However, a small company's organization structure must be designed to effectively meet its goals and objectives. Types of organizational structure in management can include flat structures as well as functional, product and geographical-structured organizations.

9.1 Flat Organizational Structure

Many small companies use a flat organizational structure, where very few levels of management separate executives from analysts, secretaries and lower-level employees. Flat organizations work best when a company has less than 20 employees, especially if the company employs one or two employees per department. One advantage of using a flat organizational structure for management is that decisions can be made relatively quickly. The flat organizational lacks the typical bureaucracy of taller organizational structures--those with many levels of management.

9.2 Functional Organizational Structure

A functional organizational structure is centered on job functions, such as marketing, research and development and finance. Small companies should use a functional organization when they want to arrange their organizational structure by department. For example, a small company may have a director, two managers and two analysts in the marketing department. The director would likely report to the Chief Executive Officer, or CEO, and both managers would report to the director. In addition, each manager may have an analyst reporting to them. A functional organizational structure works well when small companies are heavily project-focused. Directors can assign certain projects to managers, who can then divvy up tasks with their analysts. The department can then more effectively meet their project deadlines.

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9.3 Product Organisational Structure A product organizational structure has managers reporting to the president or head of the company by product type. Product organizational structures are primarily used by r companies that have branches.

9.4 Geographical Organizational Structure A geographical organizational structure is when companies decentralize the functional areas. For example, unlike the product organizational structure, there may be a local marketing, finance, accounting and research development person based in each region. For example, a security company may be large enough to place a marketing research manager and analyst in each of six different regions. This can be important because consumers in various areas have different requirements. Hence, a geographical structure will enable the company to better serve the local market.

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SSTTRRUUCCTTUURREE OOFF AA CCOOMMPPAANNYY IINN OOWWNN BBUUSSIINNEESSSS SSEECCTTOORR



♦ Demonstrate an understanding of an organisational chart. ♦ Demonstrate an understanding of reasons for regulating the industry. ♦

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1. Organisational chart

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1.1 Primary function of security company

Most security company’s primary function can be defined as the protection of people, property and assets using security guards, who will detect, deter, observe and report. In this way they contribute to combating crime. Private security companies are being paid for this service by their clients.

Except the normal management structure the following regulatory bodies must also be taken note of.

1.SAPS as Regulatory Body 2.Dept of Labour for allowances

3. SASSETA for training

2. Reasons for regulating the industry Read the following case studies in order to get a clear understanding as to why the security industry must be regulated. It boils down to three important factors namely protection of the state, clients and employees.

Case studies

The Private Security industry Regulatory Authority (PSIRA) is pulling all stops to ensure that the private security industry complies with its regulations.

The Authority’s inspectors, accompanied by members of the South African Police, conducted raids in the Pretoria North area and arrested 9 foreign nationals who were operating illegally as security officers.

The on-going national operation will ensure that all people who are in the private security industry are legitimise, especially the foreign nationals as there has been an outcry that most of them are operating with illegal documents. The arrests took place in Akasia, Nina Park and Karen Park. As the operation gains momentum, more arrests are on the cards.

The sites that were visited by the inspectors include The Orchards Shopping Centre where three Congolese were arrested as they were not registered with the Authority, the trio, which claimed to be self-employed was clad in reflector jackets bearing the name of the shopping centre.

The inspectors also visited Karen Park Spar, in Pretoria North where three foreign nationals not registered with the authority were nabbed. They were wearing reflector jackets from Millennium Body Guards a company registered with the Authority.

Six criminal cases were opened against the above security officers at the SAPS Akasia and pending investigations.

At Nina Park Spar, the inspectors swoop on sic unregistered security officers who were also foreign nationals. Three of them escaped when law enforcers were approaching. The remaining three alleged that they were employed by a security Company. Criminal cases were opened against the company as well as the three foreign nationals.

Ongoing investigations will be done in respect of the shopping centres and service providers who permit or allow unregistered security officers to render private security services in their malls and businesses.

Two Durban-based security companies were forced to shut down their operations yesterday after the inspections conducted by the Private Security industry Regulation Authority (PSIRA) discovered that they were not registered with the Authority.

The inspections, conducted jointly with the SAPS were aimed at ensuring that the private security industry complies with PSIRA regulations.

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PSIRA Inspectors and SAPS Public Order policing Unit pounced in Chatsworth different security companies. The inspectors discovered that seven security guards employed by the two companies were not paid according to the current sectoral determination for the security industry. The workers, who are not trained and registered with PSIRA were also not entitled to benefits such as the UIF and provident fund. The employer was also not registered with the authority.

Various sites where the businesses render security service were served with notifications and the security guards were removed from sites. The owners of the two businesses were subsequently arrested and detained at Chatsworth Police Station.

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RREEGGUULLAATTOORRYY BBOODDIIEESS



♦ Identify the regulating authority of the security industry ♦ Demonstrate knowledge of the code of conduct of the security industry. ♦ Understand the main contents of the security legislation ♦ Identify and amendments within the security legislation.

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1. Regulating the private security industry The legitimate object of regulating the security industry are:

♦ the protection of the public interest and the interests of the state; ♦ ensuring that a proper quality of service is rendered to consumers; ♦ the protection of the rights of employee security officers; ♦ the promotion and protection of the status of the occupation of security officers; and ♦ the collection of accurate information on the occupation of security officers and the

security industry in general.

The following categories of security services are in a regulatory framework:

♦ the rendering of an in-house security service; ♦ private investigation and intelligence gathering; ♦ advising on and monitoring signals from electronic security equipment; and ♦ the activities of ‘bouncers’ and those involved in ‘car watch’ activities. ♦ the activities of locksmiths.

2. Summary of the PSIRA code of conduct As PSIRA regulates the private security industry they provided the industry with a code of conduct. This document ensures that security officers and companies act within the statutory and ethical boundaries as set out in the PSIRA Code of Conduct. Security officers must understand and adhere to the code of conduct.

2.1 Purpose, application and interpretation of the code

The purpose of this Code is to provide binding rules that all security service providers and employers of in-house security officers must obey in order to:

(a) promote, achieve and maintain a trustworthy and professional private security industry which acts in terms of the law applicable to the members of the industry;

(b) promote, achieve and maintain compliance by security service providers with a set of minimum standards of conduct which is necessary to realize the objectives of PSIRA;

(c) promote, achieve and maintain compliance by security service providers with their obligations towards the State, PSIRA, consumers of security services, the public, and the private security industry in general;

(d) ensure the payment of the applicable minimum wages and compliance with standards aimed at preventing exploitation or abuse of employees in the private security industry, including employees used to protect or safeguard merely the employer’s own property or other interests, or persons or property on the premises of, or under the control of the employer; and

(e) provide for matters incidental to the above.

2.2 Application of Code

This Code applies to:

(a) all security service providers, whether registered with PSIRA or not, in the

occupation of security service provider, in rendering a security service, or in performing any other act or function which is subject to the Act;

(b) every person using his or her own employees to protect his or her own property or other interests,

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(c) every category or class of persons as contemplated in the Act, taking into account the

nature of the relevant provisions of this Code as well as the juristic nature of such persons; and

(d) the relevant conduct of a security service provider at any place, irrespective of whether the conduct was committed within or outside the Republic.

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3. Mind map of the main points of the PSIRA Act

CHAPTER 4: PROPER CONDUCT AND APPEAL

CHAPTER 5: MONITORING AND INVESTIGATION

♦ Code of conduct ♦ Improper conduct ♦ Appeal against decisions

♦ Appointment of inspectors ♦ Code of conduct ♦ Inspection of security service

providers ♦ Powers of inspectors relating to

security service providers

Private Security Industry Regulation Act, 2001 (Act No. 56 of

2001)

CHAPTER 3: REGISTRATION AS SECURITY SERVICE

PROVIDER

CHAPTER 2: PRIVATE SECURITY INDUSTRY REGULATORY

AUTHORITY

♦ Establishment of Private Security

Industry Regulatory Authority ♦ Objectives of Authority ♦ Functions of Authority ♦ Constitution of Council ♦ Disqualifications ♦ Functions of Council ♦ Staff of Authority ♦ Delegation of powers

♦ Obligation to register ♦ Exemptions ♦ Renewal of registration ♦ Requirements for registration ♦ Register of security service providers ♦ Suspension ♦ Withdrawal and lapsing of registration

CHAPTER 6: GENERAL PROVISIONS

The PSIRA legislation is the only

governing legislation regulating the South African Security Industry

♦ Regulations ♦ Provision of information to Authority ♦ Preservation of confidentiality ♦ Offences and penalties ♦ Limitation of liability ♦ Delegation of ♦ Amendment and repeal of laws ♦ Transitional provisions

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4. SASSETA: Safety and Security Sector Training Authority SASSETA has been accredited by the South African Qualifications Authority (SAQA) as an education and training quality assurance body (ETQA) In terms of this, it:

♦ accredits education and training providers in the sector; ♦ promotes quality among constituent providers; ♦ registers constituent assessors in the sector; ♦ monitors education and training provision in the sector; ♦ evaluates assessment and facilitates moderation of assessments including

recognition of prior learning (RPL); ♦ certificates learners; ♦ cooperates with other ETQAs ♦ recommends to the relevant national standards bodies new standards and

qualifications and/or modification to existing standards and qualifications; ♦ maintains a database acceptable to the South African Qualifications Authority

(SAQA); ♦ submits reports to SAQA ♦ performs any function assigned by SAQA.

5. Amendments of the PSIRA Act There is no current amendments made to the Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001)

For any amendments: The PSIRA website can be consulted for regular updates on amendments made on the ACT.

http://www.psira.co.za/

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UNIT STANDARD

Outline the legal environment of a selected industry

SAQA US ID

UNIT STANDARD TITLE

13936 Outline the legal environment of a selected industry

ORIGINATOR ORIGINATING PROVIDER

SGB Administration

QUALITY ASSURING BODY

-

FIELD SUBFIELD

Field 03 - Business, Commerce and Management Studies Office Administration

ABET

BAND

UNIT STANDARD

TYPE

OLD NQF LEVEL NEW NQF LEVEL CREDITS

Undefined Regular-

Fundamental

Level 3 NQF Level 03 2

REGISTRATION STATUS REGISTRATION START

DATE

REGISTRATION END

DATE

SAQA DECISION

NUMBER

Reregistered 2009-05-05 2012-05-05 SAQA 0160/05

LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT

2013-05-05 2016-05-05

PURPOSE OF THE UNIT STANDARD

This unit standard provides a broad introduction to the legal environment of a selected business sector.

The qualifying learner is capable of:

• Identifying the statutory elements in the structure of an organisation in a selected business sector and

describe the structure of such a company

• Explaining how their own business sector is regulated and know the main points of the legislation that apply

to the industry

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING

There is open access to this unit standard. The learner should be competent in Communication and Mathematical Literacy at NQF level 2.

UNIT STANDARD RANGE

The typical scope of this unit standard is:

• The main elements of the structure of a typical company in the industry.

• The Legislation and Codes of Practice specific to the industry that the learner is working within, for example,

in the Unit Trust Industry, the following legislation would apply: The Unit Trust Control Act, the Unit Trust

Control Amendment Act, the investment Schemes Bill/Act. In the Pharmaceutical Industry, the Medicines and Related Substances Control Act, the Medical Schemes Act, The Pharmacy Act and The National Drugs Policy

would be relevant.

Specific Outcomes and Assessment Criteria:

SPECIFIC OUTCOME 1

Identify the statutory elements in the structure of an organisation in a selected business sector

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ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1

1. The legislated positions within an organisation in a selected business sector are named with examples of each.


2. The relationship between, and the roles of the legislated positions is described according to their purpose

statement portfolio.


3. The legal obligations of the legislated roles are explained with reference to the relevant legislation.

SPECIFIC OUTCOME 2

Describe the structure of an organisation within their own business sector

ASSESSMENT CRITERIA


1. The structure of a typical company in their own business sector is illustrated graphically, with reference to a specific organisation.


2. The functions of a company within their own business sector are identified with reference to a specific

organisation.


3. The statutory positions and their current incumbents are identified in the named organisation.

SPECIFIC OUTCOME 3

Explain how their own business sector is regulated

ASSESSMENT CRITERIA


1. The industry's main representative body is identified, and its functions are explained in relation to the

regulation of the industry.


2. The role and functions of any other principle regulatory bodies governing the industry are explained as they apply to the industry.


3. Reasons are given to explain why the industry is regulated with examples of the consequences of an

unregulated environment.


4. The Codes of Practice that relate to the industry are identified and the main points listed in summary form.

SPECIFIC OUTCOME 4

Identify legislation that applies to their own business sector

ASSESSMENT CRITERIA


1. The legislation that controls the industry is identified and the main points addressed in the relevant Acts are

noted in a mind map.

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2. Amendments are identified that have been made to the different legislation in the last two years.


3. The manner in which industry regulation protects the customer is understood and explained with reference

to specific business activities within the industry.

UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS

Accreditation and Moderation:

• Accreditation for this Unit Standard shall be from the Services Seta Education and Training Quality Assurer

(SSETQA) through assessment by a registered Assessor. Assessment should be contextual and be conducted in the workplace as far as possible.

• Assessors must be registered as an Assessor and Moderators must be registered as moderators with

SSETQA. • SSETQA will co-ordinate all moderation activities in accordance with their policies and procedures.

Critical Cross-field Outcomes (CCFO):

UNIT STANDARD CCFO COMMUNICATING

Learners can use visual and mathematical communication skills when graphically depicting the structure of an organisation within their own business sector and using a mind map to depict the legislation that controls their

industry.

UNIT STANDARD CCFO DEMONSTRATING

Learners are able to demonstrate the world as a set of related systems by recognising the effects of the applicable legislation has on their industry.

UNIT STANDARD CCFO CONTRIBUTING

Learners are able to explore a variety of strategies of learning more effectively by using the mind map to depict

legislation affecting their industry.

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LEARNER WORKBOOK SECTION FORMATIVE ASSESSMENT (OPEN BOOK EXAM)

OUTLINE THE LEGAL ENVIRONMENT OF A SELECTED INDUSTRY

UNIT STANDARD 13936

Full Name and Surname: ___________________________________________

ID Number: ___________________ Date of Assessment: ______________

Name of Assessor: _______________________________________________

Learner Signature: _______________ Assessor Signature: ______________

Pass mark is 70% (42 out of 60)

Competent: Not Yet Competent:

SKILLS PROGRAM 3

BOOK 5

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1. Name the 2 (two) new Acts which came into operation recently. (2 Marks)

2. List 10 (ten) statutory elements in the structure of an organisation in a selected industry.

(10 Marks)

3. A company will normally have a structure with specific positions and a specific person

appointed to each position. What is this structure called? (1 Mark)

4. List the 3 (three) most important positions in a BIG company which is required by law.

(3 Marks)

5. Are the following statements true or false? (3 Marks) TRUE FALSE

1. The heads of department do not have a responsibility towards each

other.

2. The heads of department will at the end report to the CEO or director of

the company.

3. The director or CEO will report to the Board of directors and/or the

owner of the company.

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6. List 4 (four) of the duties of a director. (4 Marks)

7. What is the responsibility of the company secretary? (1 Mark)

8. Name 3 (three) types of organisational structures in management. (3 Marks)

9. Fill in the missing words: (8 Marks)

Most security company’s ______________ function can be defined as the protection of _________,

_____________ and ___________ using security guards, who will detect, deter, _____________

and ____________. In this way they contribute to _________________ crime. Private security

companies are being ___________ for this service by their clients.

10. Except for the normal management structure, 3 regulatory bodies must also be taken note of.

List these 3 regulatory bodies. (3 Marks)

11. List the 3 (three) important factors why the security industry must be regulated. (3 Marks)

12. List 5 (five) categories of security services in a regulatory framework. (5 Marks)

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13. What does PSIRA stand for? (1 Mark)

14. Who is the security industry’s main controlling body? (1 Mark)

15. What is the purpose of the PSIRA Code of Conduct? (1 Mark)

16. Who does the PSIRA Code of Conduct apply to? List 4. (4 Marks)

17. What does SASSETA stand for? (1 Mark)

18. List 6 (six) of the responsibilities of SASSETA. (6 Marks)

TOTAL ____________ 60

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