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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