A/HRC/24/45 the engagement in certain activities in countries of armed conflict is the President – as the Head of State and Government – responsible for the promulgation of regulations, as in the case of South Africa. 2. Scope of legislation (a) Terminology 34. The scope of legislation governing PMSCs differs from one country to another, partly owing to the different definitions of military and security services subject to such legislation. Of all the regulatory frameworks, the South African legislation is far more elaborate than the remaining countries’ legislation, as “security service” is defined broadly to include protecting or safeguarding a person or property in any manner; giving advice on the protection or safeguarding of a person or property; providing a reactive or response service in connection with premises; manufacturing, importing, distributing or advertising monitoring devices; performing the functions of a private investigator; providing security training or instruction to a security provider; installing, servicing or repairing security equipment; and performing functions of a locksmith.5 By comparison, the Mauritian legislation, for instance, defines private security service as “the business of providing, for remuneration or reward, a security service, the services of a security guard, and the secure transportation and delivery of property”, without specifying what “security services” means.6 35. While a number of other countries do not specifically set out a definition of “private security service”, it appears that the term is often understood to only entail watching, guarding and patrolling for the purpose of providing protection against crimes. For example, the legislation of Ghana and Nigeria defines entities subject to the legislation as those providing the service of watching, guarding and patrolling for the purpose of providing protection against crimes. The Zimbabwean legislation also focuses on guarding, essentially defining a “security guard” as a person who carries on a business of guarding properties or persons for reward. Similarly, the Botswana legislation defines the term “security guard” as a person who acts as a guard or as a guard or watchman,7 and the Lesotho legislation defines a “private security guard” as a person employed to protect or safeguard people or property.8 36. This lack of consistency in the terminology and the ambit of services covered by the legislation in each country results in regulatory gaps, as PMSCs provide a diverse range of services besides simply guarding and patrolling, such as training and advisory services on security matters and implementation of security measures. (b) Extraterritorial application 37. Only the South African legislation has an extraterritorial application and jurisdiction clause. This is found under section 39(1) of the Private Security Industry Regulation Act, which provides that any act constituting an offence under the Act and committed outside South Africa is deemed to have been committed in the country. Furthermore, as discussed above, South Africa specifically prohibits the provision of military and security services to a party to an armed conflict or to a “regulated” country. 5 6 7 8 Sect. 1(1) of the Private Security Industry Regulation Act, 2001. Sect. 2 of the Private Security Service Act Sect. 2 of the Control of Security Guard Services Act, 1984. Sect. 2 of the Private Security Officers Act, 2002. 9