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Private Security Industry Regulatory Authority. PRESENTATION ON THE PRIVATE SECURITY INDUSTRY REGULATORY AUTHORITY’S 2008/2009 ANNUAL REPORT TO THE PORTFOLIO COMMITTEE OF POLICE. PRIVATE SECURITY INDUSTRY REGULATORY AUTHORITY. DELEGATION: MINISTERIAL INTERVENTION TASK TEAM (MITT)
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Private Security Industry Regulatory Authority PRESENTATION ON THE PRIVATE SECURITY INDUSTRY REGULATORY AUTHORITY’S 2008/2009 ANNUAL REPORTTO THE PORTFOLIO COMMITTEE OF POLICE
PRIVATE SECURITY INDUSTRY REGULATORY AUTHORITY • DELEGATION: • MINISTERIAL INTERVENTION TASK TEAM (MITT) • 1. Mr Benjamin Ntuli • 2. Ms Poppy Baloyi • 3. Mr John Makina • STAFF OF AUTHORITY • Mr Hendrick Mahlangu • Ntusi Mbodla • Ms Maureen Makgabo
OVERVIEW OF PRESENTATION * Statutory requirements for the establishment of the Authority. * Report on the Authority’s activities during the 2008/2009 financial year. * Audited financial statements for the 2008/2009 financial year * Key stakeholders and challenges facing the Authority. * Key strategic objectives to address challenges. 1
STATUTORY REQUIREMENTS FOR THE ESTABLISHMENT OF AUTHORITY • 1. Established in terms of Section 2(1) and 2(2) of the Private Security Industry Regulation Act, 2001 • * To provide for the regulation of the private security industry. • * To provide for the Governance of the Authority by a Council of persons who are independent of the private security industry. • Public Finance Management Act (PFMA) – Public Entity in terms of Section 47 • * Listed as a public entity on 19 September 2008. • * Schedule 3A National Public Entity 2
STATUTORY REQUIREMENTS FOR THE ESTABLISHMENT OF AUTHORITY 3. Governance of the Authority * The Authority is governed and controlled by the Council as contemplated in Section 6 in accordance with the Private Security Industry Regulation Act, 2001. * The Authority acts through Council and all acts of the Council are regarded as acts of the Authority. * The Council of the Authority is constituted by: (a) Chairperson; (b) Vice-Chairperson and (c) Three additional Councillors Appointed by the Minister in consultation with Cabinet. 3
STATUTORY REQUIREMENTS IN TERMS OF THE ACT AND REGULATIONS (…cont’d) • Accountability of Council • The Council is accountable to the Minister for the performance of its functions (Section 10). • In terms of the Public Finance Management Act, the Council is also the accounting authority. • 5. Ministerial Supervision of Authority • If the Council of the Authority cannot or does not maintain an acceptable standard in the fulfilment of one or more of its functions in terms of the Act or the Levies Act, the Minister may intervene by taking any appropriate step to ensure proper fulfilment of that function (Section 11). 4
STATUTORY REQUIREMENTS IN TERMS OF THE ACT AND REGULATIONS (…cont’d) The term of Council expired on 31 August 2008. Subsequent to the expiry of the term of Council, the Minister acting in terms of Section 11 of the Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001) appointed a Ministerial Investigation Task Team on 3 March 2009 to conduct an in depth enquiry into: * The functioning of the Authority with the particular focus on all factors that impede the functioning and the effectiveness of PSIRA as a regulatory body. * Identify threats and challenges facing the Authority. 5
STATUTORY REQUIREMENTS IN TERMS OF THE ACT AND REGULATIONS (…cont’d) The Ministerial Investigation Task Team comprised of four members, namely: (a) Ms Jenny Irish-Qhobosheane (b) Mr Josiah Jele (c) Mr Dumisweni Zimu (d) Adv. Anton Wiid 6
STATUTORY REQUIREMENTS IN TERMS OF THE ACT AND REGULATIONS (…cont’d) The Ministerial Investigation Task Team concluded their investigation and reported to the Minister. Subsequent to receiving the report, the Minister appointed a Ministerial Intervention Task Team (MITT). The MITT consisted of the following members: (a) Mr S B Ntuli (b) Ms P C Baloyi (c) Mr C J Makina (d) Commissioner Phahlane (e) Assistant Commissioner T Khulu (The Police Representative) (f) Mr P T Mashigo (NIA Representative) 7
STATUTORY REQUIREMENTS IN TERMS OF THE ACT AND REGULATIONS (…cont’d) The mandate of the MITT was to: * To oversee, on a day-to-day basis, the governance and management of PSIRA and to provide leadership and guidance in order to improve service delivery. * To work closely with the Auditor-General in performing a forensic audit of PSIRA, and with the South African Police Service in having allegations of corruption within PSIRA investigated and to ensure that the necessary disciplinary and other steps are taken against any employee of PSIRA involved. * To ensure the execution of a performance audit in PSIRA as to assess whether performance of the personnel is in compliance with what could reasonably be expected and to take remedial steps where required. * To address any outstanding matters regarding the employment of the Director (Chief Executive Officer) of PSIRA, in other words the finalisation of the case against the CEO (who has been on suspension for more than a year without resolution of the charges against him). 8
STATUTORY REQUIREMENTS IN TERMS OF THE ACT AND REGULATIONS (…cont’d) * To assess the use of resources at PSIRA at national and provincial level and to ensure that principles of value for money are adhered to. This will need to include both service delivery and management related issues. * To oversee the appointment process regarding the filling of vacant posts advertised by PSIRA on 28 June 2009, in a Sunday newspaper. * To follow-up deficiencies identified at PSIRA as set out in the Report of the Ministerial Task Team, as well as the response of the South African Police Service thereto. * To report any problems being experienced in the process directly to the Minister. * To undertake a thorough assessment and audit of the ability of management to fulfil the functions assigned to them in terms of the Private Security Industry Regulation Act of 2001. 9
STATUTORY REQUIREMENTS IN TERMS OF THE ACT AND REGULATIONS (…cont’d) * To evaluate the functioning of and issues pertaining to the integrity of Information Technology and database systems within the Authority. * To provide the Minister with a final report at the end of the 90 days period. The report should be accompanied by an implementation plan developed by MITT. 10
ORGANISATIONAL STRUCTURE OF THE PRIVATE SECURITY INDUSTRY REGULATORY AUTHORITY Organisation Structure as per Section 14(1) Additional Senior Management Positions DIRECTOR (Vacant) DEPUTY DIRECTOR: LAW ENFORCEMENT Ntusi Mbodla DEPUTY DIRECTOR: FINANCE & ADMINISTRATION Hendrick Mahlangu (Acting Director) DEPUTY DIRECTOR: TRAINING & COMMUNICATION (Vacant) CHIEF INFORMATION OFFICER Simon Nkosi DEPUTY DIRECTOR: LAW ENFORCEMENT Ntusi Mbodla GENERAL MANAGER: HUMAN RESOURCES (Vacant) MANAGER: HUMAN RESOURCES Maureen Makgabo (Acting Manager) MANAGER: COMMUNICATIONS Siziwe Zuma MANAGER: INFORMATION TECHNOLOGY Howard Nkune MANAGER: NATIONAL INVESTIGATION TEAM Stefan Badenhorst MANAGER: FINANCE Chris Dreyer MANAGER: EASTERN CAPE (Port Elizabeth) Dave van Dyk MANAGER: WESTERN CAPE (Cape Town) Douglas Roman MANAGER: KWAZULU-NATAL (Durban) Vuyo Majola-Dlamini SATELLITE BRANCH Eastern Cape (Umtata) MANAGER: REGISTRATIONS Ali Malesa SATELLITE BRANCH Northern Province (Nelspruit) SATELLITE BRANCH Gauteng Johannesburg SATELLITE BRANCH Northern Province (Polokwane) 11
COMMUNICATIONS The following are the objectives of the Communications Department: * To develop, implement and drive the communication strategy with specific reference to the Authority’s vision and strategic focus amongst all stakeholders through an effective marketing approach. * To create a dynamic and appealing image of the Authority * Media Relations Management and Policies * Stakeholder relations * Internal and external communication 13
NUMBER OF INSPECTIONS CONDUCTED PER PROVINCE 15 * Page 13 – 17 of Annual Report
NUMBER OF IMPROPER CONDUCT INVESTIGATION DOCKETS COMPILED PER BRANCH 16 * Page 17 – 18 of Annual Report
NUMBER OF IMPROPER CONDUCT DOCKETS PENDING PERTAINING TO MINIMUM WAGE CONTRAVENTIONS PER BRANCH 17 * Page 18 of Annual Report
NUMBER OF CRIMINAL CASES OPENED PER BRANCH Criminal cases pending refer to all cases pending with the SAPS from previous financial years. 18 * Page 18 – 19 of Annual Report
FIREARM APPLICATION ENQUIRIES Number of Enquiries Received Fees not paid Registration Suspended / Withdrawn / Unregistered / Failed to inform Authority i.r.o changes, other. Requested more firearms than staff complement, members not trained etc. Favourable Recommendation 19 * Page 19 – 20 of Annual Report
CHARGE SHEETS & SUMMONSES ISSUED 1 April 2007 – 31 March 2008 vs 1 April 2008 – 31 March 2009 Charge Sheets Summonses 20 * Page 20 of Annual Report
TRAINING COURSE REPORTS PROCESSED 21 * Page 22 of Annual Report
PSIRA / SAFETY AND SECURITY SECTOR EDUCATION & TRAINING AUTHORITY (SASSETA) INTERACTION There are a number of challenges currently being addressed by PSIRA and SASSETA pertaining to the implementation of the Memorandum of Understanding. These includes, inter alia, the following: * Finalization of the development of learning material in respect of all the skills programmes. * Capacity building within the training industry for all categories or classes of security service providers. This is obviously subject to the publication of the training regulations. * SASSETA national footprint. In this regard SASSETA requested the Authority to consider making office space available within the PSIRA infrastructure for certain dates to host a SASSETA practitioner/administrator. This matter is under consideration. 22
PSIRA / SASSETA INTERACTION * Quality Assurance of the generic management level 4 and 5 skills programmes. * Alignment of databases in order to retrieve information from the SASSETA learner database in order to facilitate registration of applicant security service providers. * Changing SAQA environment with the publication of the National Qualifications Framework Act and the establishment of the Quality Councils and uncertainty of the continued existence of SASSETA. 23
NUMBER OF IMPROPER CONDUCT ENQUIRIES FINALIZED PER BRANCH * Page 27 of Annual Report 25
LEGAL SERVICES STATISTICS FOR THE PERIOD 1 APRIL 2008 – 31 MARCH 2009 * Page 27 – 28 of Annual Report 26
TENDER ENQUIRY STATISTICS 2008 / 2009 3,489 2,735 666 88 R1,027,507.04 Require further information Enquiries Payments received Approved Denied 27 * Page 28 of Annual Report
SECURITY SERVICE PROVIDER REGISTRATION STATISTICS (2001 – 2009) – HISTORICAL COMPARISON 29 * Page 29 of Annual Report ACTIVE REGISTERED SECURITY BUSINESSES ACTIVE REGISTERED SECURITY OFFICERS
REGISTERED ACTIVE SECURITY SERVICE PROVIDERS – INDIVIDUALS PER PROVINCE (MARCH 2009) KwaZulu-Natal – 16% Northern Cape – 1% Free State – 4% Gauteng – 39% North West – 7% Limpopo – 7% Western Cape – 10% Mpumulanga – 7% Eastern Cape – 9% 30
REGISTERED ACTIVE SECURITY SERVICE PROVIDERS – BUSINESSES PER PROVINCE (MARCH 2009) KwaZulu-Natal – 15% Northern Cape – 1% Free State – 4% North West – 4% Gauteng – 37% Limpopo – 13% Western Cape – 12% Mpumulanga – 7% Eastern Cape – 7% * Page 29 of Annual Report 31
KEY IT PERFORMANCE AREAS COVERED IN THE ANNUAL REPORT • The IT services relating to software support and hardware support have been outsourced to external IT service providers, namely Ntier and BCS-Net respectively. • Activities during the period under review include: • * Development, implementation of IT policies and procedures; • * Improvement of system security; and • * Linkage of databases with NIA to improve crime prevention. 33
KEY HR PERFORMANCE AREAS COVERED IN THE ANNUAL REPORT The Human Resource unit within PSIRA is responsible for amongst others, the following : * Recruitment and staff retention * Employment equity plan • * Skills development * Industrial Relations 35
NEW APPOINTMENTS, TERMINATIONS FOR THE PERIOD UNDER REVIEW: 36
EMPLOYMENT EQUITY PSIRA remains committed to taking affirmative steps to ensure the provision of equal opportunities for all employees at all levels. Workplace Profile by occupational level (including employees with disability) in terms of the Employment Equity Act 37 A = African C = Coloured I = Indian W = White
SKILLS DEVELOPMENT AND TRAINING Skills development and training of employees at all levels remained key to the achievement of the PSIRA’s core strategy. PSIRA continued to invest in the development of its people. Training provided to employees by Occupational Category A = African C = Coloured I = Indian W = White 38
OVERVIEW OF THE FINANCE AND ADMINISTRATION DEPARTMENT 40 * Listed as Schedule 3 A National Public Entity * Non-compliance with the Public Finance Management Act (1 of 1999) * Qualified audit report * Sources of revenue – levies and administrative fees * Going concern
STATEMENT OF FINANCIAL PERFORMANCE Revenue 42
STATEMENT OF FINANCIAL PERFORMANCE Expenditure 43
STATEMENT OF FINANCIAL PERFORMANCE Summary : Statement of Financial Performance 44
STATEMENT OF FINANCIAL POSITION Statement of Financial Position 47