An unfair and unwarranted challenge often felt by those employed at a minimum wage level can at times see good, hardworking people wading through nonethical and illegal conduct from employers—all in the name of obtaining additional profits. With this being an issue in a democratic country, various industry watchdogs are there to ensure the rights of the employed are not overlooked or abused.
One such entity is NASUWU, a union which represents the Security and Cleaning industries. According to Halalisani Ngema, an official from the trade union, several security guards are not receiving fair compensation from their employers.
Elaborating on the matter Ngema explains, “We have seen numerous compliance issues stemming from several security companies in Newcastle. One of the most prevalent being that of wages.”
Stating that as of January 2019, the Government announced the minimum wage rate was to increase. Yet, according to Ngema, several security companies have not attempted to comply at all with the set regulations. Going on to say, “We are now at R20.76 per hour, but there are companies which are paying R11.74. There are even companies who are paying less than that.”
Adding to this, multiple security companies are also guilty of not paying overtime, which includes public holidays and Sundays. Nor do these companies pay bonuses or night shift allowances, all resulting in the people guarding businesses, schools and homes being paid a portion of their actual rate.
Ngema adds, “These companies also tend to recycle uniforms. Nor do they follow the necessary code of conduct when dismissing people.”
Wishing to remain anonymous out of fear of victimisation, a security guard from a prominent security company claims he and his colleagues face numerous challenges. Stating, “It is time we are recognised as people. It cannot stay like this, in terms of how workers are being treated. At times, it feels as if Newcastle lives apart from the regulations set out by the Government.”
He states one of the most significant issues, as mentioned by Ngema, is the way certain companies dismiss their staff. “These cases are normally taken to CCMA afterwards, but some of these cases are still hanging in limbo. We want to know why these cases are not being finalised and why the security companies are stalling. Also, our wages need to be adjusted, as stated by the law. Most of us security guards are breadwinners.”
It is because of this that NASUWU is taking more stringent steps throughout the town, looking at the Department of Labour to address the matters.
Ngema explains that while the Union and the Department of Labour are now addressing issues within the Newcastle security industry, he claims that businesses making use of security companies are often unwittingly contributing to the problem.
He elucidates by saying, “These clients will often look for the cheapest security company, rather than those who are compliant and therefore, charge more.”
Through supporting compliant security companies, NASUWU feels that those infringing on regulations will be forced to follow suit and up their game.
Offering credible insight from a local security perspective is Jan van Rensburg of Magenta Security, who concurs with NASUWU, stating there are major indiscretions throughout Newcastle’s security industry.
Pointing out, that as a reputable security company Magenta charges its clients a fee which covers not only the regulated salaries but makes prevision for UIF, provident fund and the cost of the uniforms—as well as overtime and night shift allowances. However, he explains, “There are security companies which will come in afterwards and charge much less.”This then results in security guards receiving far below the minimum wage rate.”
This pressing challenge is then perpetuated by the influx of noncompliant security companies flooding the market. Some of these companies, according to Van Rensburg, are not even SETA accredited.
He stresses, “The law states that a security company needs to be PSIRA (The Private Security Industry Regulatory) accredited. If it is found that one is not accredited, they can face hefty fines, starting from R10 000 per guard. The relevant authorities can go as far as to close your company down if it is found that you are not complying.”
PSIRA accreditation ensures the security company, and its guards, are fully equipped with the necessary training and knowledge of their sector while complying with South African legislation.
With deviant security companies operating within Newcastle, Van Rensburg explains that compliant businesses are often left at their wit’s end. “We have quoted people, and they have laughed at us, saying we are too expensive, before going to the cheaper alternatives.”
This results in compliant companies being left with minimal business, while uncompliant companies flourish.
Wishing to address the issue of noncompliance, Van Rensburg highlights that he attempted to establish a security forum. While 12 security companies initially attended the first meeting, he says it did not pan out well—with the other companies choosing to distance themselves from the initiative after said meeting.
The Security Association of South Africa highlights the consequences of hiring noncompliant security companies include:
- Security officers on your site, who are poorly trained and unable to perform their duties properly.
- Security officers on your site, who are underpaid, and vulnerable to the temptation of criminal collusion.
- Heavy financial penalties or jail time, for consumers who continue to transgress the Private Security Industry Regulatory Authority (PSIRA) Act.
With both security companies and their clients now being looked at by the Unions, the time has come for Newcastle businesses and Institutes to ensure they are making use on an accredited security company who is not only compliant in terms of the law but is taking the necessary steps to empower their staff.
Authors: Quinton Boucher & Calvin Swemmer
Edited: Calvin Swemmer
