A/HRC/24/45
29.
As mentioned above, South Africa has adopted the most comprehensive approach
and legislation not only regulating the private security industry, but also prohibiting the
export of military and security services. The Private Security Industry Regulation Act No.
56 of 2001 establishes the Private Security Industry Regulatory Authority and sets out in
detail specific conditions under which a legal person may be registered as a security service
provider by this Authority. Furthermore, the Regulation of Foreign Military Assistance Act
(No. 15 of 1998) and the Prohibition of Mercenary Activities and Regulation of Certain
Activities in Country of Armed Conflict Act (No. 27 of 2006) specifically prohibit
mercenary activities and regulate the provision of assistance or services to a party to an
armed conflict or to a designated country. According to these laws, no person may provide
any assistance or any service to a party to an armed conflict or in a “regulated” country as
designated by the President upon the recommendation of the National Conventional Arms
Control Committee.
30.
Other countries adopt various approaches to regulating the private security industry
at a domestic level. While the scope of legislation and the degree of control envisaged
under such legislation significantly vary from country to country, many of them establish
procedures and criteria for licensing, authorization and registration of PMSCs.
31.
Zimbabwe has very strict regulations for the security industry, including the
activities of private investigators, and sets out a licensing scheme and certain duties of
private investigators and security guards.3 The private security sector in Botswana is
regulated by the Control of Security Guard Services Act. This Act establishes a controller
of security guard services, who is responsible for granting a licence to engage in business of
providing security guards. It does not regulate the conduct of private security guards per se
and the above-mentioned Regulation of Private Security Services Amendment Bill seeks to
address this gap by establishing a Private Security Industry Regulatory Board to ensure that
private security service providers adhere to minimum standards of conduct. In the case of
Lesotho, the Private Security Officers Act regulates private security officers and guards
through the Private Security Officers’ Board and prohibits any legal person from rendering
private security services without a certificate of registration issued by the Board. The
Namibian legislation, the Security Enterprises and Security Officers Act and the Security
Enterprises and Security Officers Amendment Act, regulates “security enterprises” and
“security officers” through the Security Enterprises and Security Officers Regulation
Board.
32.
The Gambian legislation governs “private security guard companies” and persons
employed by such companies as private security guards. It also establishes the Licensing
Authority for Private Security Guard Companies within the Ministry of Interior. In Uganda,
the Police (Control of Private Security Organisations) Regulations prohibit any
organizations from performing or offering to perform security services unless they are
registered with the Inspector General of Police as a private security organization. Similarly,
the Nigerian legislation, the Private Guard Companies Act, prohibits any organization from
performing “the service of watching, guarding, patrolling or carrying of money for the
purpose of providing protection against crime” unless it is registered with the Ministry of
Internal Affairs.4
33.
Except for Swaziland, the countries examined have similarities in terms of providing
regulations to give effect to principal acts dealing with their respective private security
industries. The relevant ministers (as prescribed in the various laws) are responsible for the
promulgation of the regulations implement the laws on private security. Only in the case of
3
4
8
See Private Investigators and Security Guards Control Act.
Sect. 1(1) of the Private Guard Companies Act, 1986.
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