‘We acted within the law,’ say private security firms, after KZN violence

KwaZulu-Natal private security companies are speaking out against the scathing criticism over their handling of the riots and looting which rocked Gauteng and KwaZulu-Natal recently, saying accusations against them are unfair.

These companies were at the forefront of defending community borders and businesses during the insurrection two weeks ago. But what began as defending lives and property during the insurgence has turned into accusations of racially motivated offensive attacks and profiling.

The private security sector is now under fire for allegedly using brutal force in Phoenix, where 20 people, primarily black, were killed in the chaos. Police are also investigating some of their own officials and gang-linked individuals who are suspects in the massacre.

There have also been complaints of racially profiling residents at community borders and subjecting black-owned vehicles to rigorous searches while other races were allowed to pass freely. In some cases, black residents also reported not being allowed to shop in retailers that were left standing.

Also Read: PICS: Vigilantism grows as citizens tackle SA unrest

Calls for an inquiry into ‘private militias’

KZN violence monitor Mary De Haas said an inquiry into how security forces, including the private sector, responded to riots is necessary. “There is a huge problem with security companies in South Africa. They are badly regulated,” said De Haas.

She explained that most of these companies are well resourced to the point that they can be described as private militia.

“It’s one thing to have security companies guarding, but it’s another thing to have them running around with rifles and sophisticated surveillance technology and helicopters.”

Batons and whistles no longer do the trick

Retired riot police officer and chief operating officer at KZN VIP Protection Services Glen Naidoo disagreed, saying private security has evolved over the years.

Naidoo explained: “We now operating on two levels. One is electronic and technological, which is currently the most effective and influential sector, and the other is at an operational level where members are on the ground as first responders.”

Naidoo said many of their employees are ex-police and military who undergo further training when hired and in their jobs.

KZN VIP has, over the years, invested in good quality non-lethal weapons that are used for crowd control. Naidoo said they had been asked to support under-resourced police in previous protests.

“We use enhanced markers which are commonly known as paintball guns, tear gas and rubber rounds to disperse crowds.”

Naidoo said the killing of security guards at Marikana was a wake-up call for the industry.

“During riots, we have to ensure our responders’ lives are protected by using armoured vehicles that can withstand rocks being hurled at it, and that we can deliver our services – that is, to protect our clients and their businesses.”

Civilian gun control laws also apply to security companies

Marshall Security, another privately-owned response group, said that no security company could obtain fully automatic weapons for their staff.

“Security companies can apply for licences for the same firearms that any civilian would be entitled to apply for. Certain weapons, namely self-loading rifles, require additional controls and obstacles in licencing,” said Marshall Security managing director Tyron Powell.

When asked if security guards were heavy-handed, Powell said, “We can only speak from our experience and actions.”

“In facing the threats that the mass rioters and looters posed, our directive was to deter and disperse the large crowds, not to harm anyone physically.”

Private security criticism ‘unfair’

He said some members were equipped with rubber bullets and paintball guns to avoid using live ammunition. 

“Most of what we witnessed was private security, neighbourhood watch groups and residents form barriers and checkpoints to keep looters out, taking a defensive position as opposed to offensive.”

Powell said the criticism of private security companies in the wake of the unrest is unfair.

“We work alongside the police and function as support, which means we are still bound to act in accordance with the law while responding to the circumstances that the situation presented. As in any industry, we cannot say that there may not be bad elements, but if this is the case, then the relevant authorities must do their duty and investigate and respond accordingly.”

Two other security companies declined to comment, saying they prefer to stay out of it. But they did say that accusations of racially motivated attacks and profiling were disappointing, given that police themselves were outnumbered and ordinary citizens took up arms to defend themselves.

All races banded together

Naidoo and Powell said that during the insurrection, their employees were up against large crowds. Naidoo described the looters as being in a frenzy.

At the same time, Powell said some of his members came under direct gunfire from looters using high calibre automatic rifles on numerous occasions.

When asked to comment on the racial profiling, Powell said residents of all colours banded together to protect their families and properties from what was bordering on civil war.

“It was one of the few positives of the situation to see how communities as a whole pulled together. While we had heard of reports of over-reach by some of these community groups, and we cannot definitively exclude the possibility that this occurred, we had not personally participated or witnessed any such incidents.”

ALSO READ: #KZNHeroes: Protests brought Westville community closer together

 The Private Security Industry Regulatory Authority said it is investigating complaints received about the conduct of some security companies during the unrest.

“Investigations will be concluded soon, and the law shall take its course,” said the body in a tweet.