Regulating the private security sector in South Africa.

• Date: 22 September 2007
• Author: Gumedze, Sabelo
• Published date: 22 September 2007
• Author: Gumedze, Sabelo

Introduction

THIS ARTICLE SEEKS TO ANALYZE THE SOUTH AFRICAN REGULATORY FRAMEWORK FOR the private security industry, an object of investigation that, at least at the domestic level, presents an interesting case study for an effective regulatory regime. (1) Private security as a concept means different things to different people: to some, it means mercenaries, yet, to others, it means private military companies (PMCs) and private security companies (PSCs). Others think of private security as including vigilantes and community police, while some do not see a difference between any of the above. Rightly or wrongly, much has been written on PSCs and PMCs and their association with mercenary activities (Nathan, 1997). Sometimes PMCs or "private military outfits" (and not necessarily PSCs) are recklessly likened to mercenaries (Juma, 2005: 436), without any consideration of the role they play in the contemporary security architecture.

This article focuses on the private security industry within South Africa's borders since this presents an interesting dynamic with respect to its growth, context, and regulatory framework. It refrains from delving much into definitional "gymnastics," which are likely to blur the main objective of this discourse. Due to South Africa's peculiar history, the South African government put in place what could be regarded as the strictest regulatory mechanisms for the operation of the private security sector in Africa. Taljaard (2006: 171) argues that the emergence of PSCs in South Africa was largely informed by the DDRR (disarmament, demobilization, rehabilitation, and reintegration) process, which resulted in former military personnel wishing to supplement their income in the private sector through the formation of PSCs. In particular, the notorious 32 Battalion--a special unit of the former South African Defence Force--"subsequently became key members of PMCs and the desolate mining town (Pomfret), where former 32 Battalion members were left with their families, became a key recruiting ground for PSCs and PMCs" (Ibid.)

The Private Security Industry

PSCs and PMCs form what is broadly referred to as the private security industry. This article focuses mainly on PSCs operating within South Africa. Various scholars, including Shreier and Caparini (2005: 2), have defined PSCs as "companies that specialize in providing security and protection of personnel and property, including humanitarian and industrial assets." Small (2006: 7) defines PSCs as "having the ability to provide a 'proximate capacity' for violence, that is, they provide defensive security services, equipment, and training to (mostly) multinational corporations, businesses, humanitarian agencies, and individuals." She adds that PSCs operate in high-risk environments to protect private property, assets, and individuals (Ibid.). I have argued elsewhere (Gumedze, 2007) that this is due to the fact that private property and individuals are always targeted for various reasons and their security forever remains at stake. Although environments vary in terms of their volatility, PSCs generally operate in a less risky environment than is the case for PMCs. Risks for private security personnel who transport money and are exposed to transit heists differ from those taken by PMCs guarding the premises of a humanitarian organization in a post-conflict zone.

In this context, the private security industry offers security services by security providers as envisaged in the Private Security Industry Regulation Act of 2001. Section 1 of the act defines "security service" as the provision of one or more of the following: protecting or safeguarding a person or property in any manner; giving advice on the protection or safeguarding of a person or property or on any other type of security service as contemplated in the act or on the use of security equipment; (2) providing a reactive or response service in connection with the safeguarding of any person or property in any manner; providing a service aimed at ensuring order and safety on premises used for sporting, recreational, entertainment, or similar purposes; manufacturing, importing, distributing, or advertising monitoring devices as contemplated in the Interception and Monitoring Prohibition Act No. 127 of 1992; performing the functions of a private investigator; (3) providing security training or instruction to a current or prospective security service provider; installing, servicing, or repairing security equipment; performing functions of a locksmith; making a person or the services of a person available, whether directly or indirectly, for rendering the above to another person; managing, controlling, or supervising the rendering of the above; and creating the impression, in any manner, that one or more of the services as mentioned above are rendered. Given the various functions in which South African PSCs are involved, it is imperative to map out the South African context within which they operate before delving into the regulatory regime.

The South African Context

The official estimated population of South Africa is 47.9 million people (Statistics South Africa). Within this, Africans account for 79.6%, whites for 9.1%, Coloureds for 8.9%, and Indian/Asians for 2.5 % (Ibid.). Over and above the official population are undocumented illegal immigrants, who pose a serious security threat in South Africa. Some three million Zimbabwean illegal immigrants live in South Africa, due to the Zimbabwean economic meltdown. In May 2007, close to 20,000 illegal immigrants, mostly Zimbabweans, were deported (per South African Home Affairs Department). South African police officers number 129,583 (excluding civilians), making the ratio of police officers to citizens one to 365. Crime in South Africa continues to rise despite the best efforts of the South African Police Service, whose work is complemented by the private security industry. (4) Statistics from the Private Security Industry Regulatory Authority (PSIRA) show that there were 4,763 active private security businesses and 296,901 active registered security officers in 2006 (PSIRA Annual Report 2005-2006: 35; 40). As such, private security officers outnumber South African police officers by over three-fold. This is not a new phenomenon. Since the 1970s, private security guards in the United States have outnumbered public police officers by a ratio of three to one, with Americans annually spending more than twice as much on private security guards ($90 billion) as was spent on public police ($40 billion) (Rosky, 2004: 897).

In economic terms, the size of the private security industry is estimated to be around 30 billion Zuid-Afrikaanse rand (in 2008, one ZAR was about 13 cents; see PSIRA). This represents one of the fastest-growing industries in South Africa, as well as a considerable direct investment. With the FIFA World Cup in 2010, the industry's economic prowess is predicted to skyrocket. The main beneficiary of the South African private security industry is the white population. Most PSC owners in South Africa are white, while Africans, the historically disadvantaged majority group in the country, benefit least. Africans are employed as security officers, but very few of them buy services from the industry; the white population constitutes the strongest clientele base for the industry.

Section 1 of the act defines "security officer" as any natural person:

1. Who is employed by another person, including an organ of state, and who receives, or is entitled to receive, from such other person any remuneration, reward, fee, or benefit, for rendering one or more security services;

2. Who assists in carrying on or conducting the affairs of another security service provider, and who receives, or is entitled to receive, from such other security service provider any remuneration, reward, fee, or benefit, as regards one or more security services;

3. Who renders a security service under the control of another security service provider and who receives, or is entitled to receive, from any other person any remuneration, reward, fee, or benefit for such service; or

4. Whose services are directly or indirectly made available by another security service provider to any other person, and who receives, or is entitled to receive, from any other person any...