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The regulation of mercenary and private security-related activities under South African law compared to other legislations and conventionsNeple, Pernille 12 1900 (has links)
Thesis (MA (Political Science))--Stellenbosch University, 2008. / Private Military and Security Companies (PMSCs) have become increasingly
important actors since the end of the Cold War. They provide a wide range of services
and are therefore difficult to classify. Many view them as new front companies for
mercenaries, which this thesis argues is not the case.
Few states have put in place legislation to deal with the problems caused by
these companies, and they are therefore generally not accountable to states. This is
problematic because their services are within an area where states have traditionally
had monopoly. This thesis studies the new South African legislation, the Prohibition
of Mercenary Activities and Regulation of Certain Activities in Country of Armed
Conflict Act of 2006, which was put in place in order to ban mercenaries and regulate
the services offered by the private military and security companies based in the
country. By comparing it to the older South African legislation, the thesis evaluates
the extent to which the new legislation has been able to close loopholes inherent in the
old legislation.
The new South African legislation is also compared to the international
conventions which bans mercenaries. By banning these actors, South Africa is very
much in line with the international community when it designed the conventions.
However, PNSCs are not mercenaries.
The thesis then compares the new South African legislation to the domestic
regulation in place in the United States of America. It finds that despite having many
of the same weaknesses as the South African legislation, it is more likely that the
American regulation will be abided by than the South African. This is due to the
positive relationship between the US government and American PMSCs, and the fact
that the government is a major client of the companies. South Africa does not enjoy
the same positive relationship with its companies.
Finally, the new South African legislation is compared to the UK Green Paper
of 2002, which presented options of how to deal with the companies. The ban on
mercenaries put in place by the new South African legislation was discouraged in the
Green Paper. The licensing regime (as in the USA) that was proposed by the Green
Paper, however, is similar to the authorisation scheme established in South Africa.
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Protecting diplomats in Iraq what can the U.S. Department of State do to improve it's management and oversight of security contractors in Iraq? /Eicher, Michael. January 2008 (has links)
Thesis (Master of Military Studies)-Marine Corps Command and Staff College, 2008. / Title from title page of PDF document (viewed on: Jan 8, 2010). Includes bibliographical references.
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Mapping Grahamstown's security governance network : prospects and problems for democratic policingBrereton, Catherine Margaret January 2006 (has links)
The security of its citizens is often regarded as the democratic state's primary raison d'etre. However, with increasing crime and perceptions of insecurity among citizens, along with actual and perceived state policing inadequacies, citizens around the world have sought to make alternative arrangements for their security. The explosion of private alternatives to state policing has resulted in the need for the replacement of former static definitions of policing by more fluid understandings of what policing entails. Policing is no longer an activity undertaken exclusively by the 'state police.' Policing needs to be understood within a framework which recognises the existence of a variety of state, commercial, community groups and individuals which exist within loose and sometimes informal, sometimes formal, networks to provide for the security of citizens. Preceding the country's transition to democracy in 1994 'state' policing in South Africa was aimed at monitoring and suppressing the black population and as a result it conducted itself in a largely militaristic way. When the government of national unity assumed power in 1994 it was indisputable that the South African Police had to undergo major reform if it was to play an effective, co-operative and accountable role in a democratic South Africa. While state policing has unquestionably undergone enormous changes since the advent of democracy in 1994, so too has non-state policing. It is widely accepted that the dividing line between state and non-state policing in South Africa is increasingly blurred. Policing, by its very nature, holds the potential to threaten democracy. Consequently it is important that policing is democratically controlled. According to the Law Commission of Canada four values and principles - justice, equality, accountability, and efficiency - should support policing in a democracy. This thesis is a case study of policing in Grahamstown, a small city in South Africa's Eastern Cape province. It will be shown that the policing problem that currently plagues Grahamstown, and by extension South Africa, is not simply the result of a shortage of providers but rather a problem of co-coordinating and monitoring security governance to ensure that the city does not further develop into a society where the wealthy have greater access to security than the poor.
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Regulation of the private security industrySiebrits, Louis Lourens 11 1900 (has links)
The regulation of the private security industry has been an issue of debate for a number of years in
South Africa, as well as in the rest of the world. The debate mainly centers around issues such as the
need for regulation in this Industry and the objectives of regulation. This thesis argues that regulation
is of utmost importance in this Industry and furthermore, that the objective ofregulation should be
to set standards in the Industry. If this is the case, the protection of the public interest will be a
natural result of regulating the standards.
In addition, this thesis argues for the inclusion of the private investigator into the scope of regulation
and suggests that this sector should ultimately be regulated through the means of separate legislation.
This thesis furthermore provides two models for the regulation of the private security industry in
South Africa. These models are described as the Semi-Integrated Wide Model (SIWM) and the Fully
Integrated Wide Model (FIWM). These two models provide Government with the option of
regulating the Industry without alienating the latter. Government will still have the ultimate
responsibility for regulation, but will allow the Industry to be central in setting standards and
requirements. In this way, the Industry will not regulate itself and Government will have the ultimate
responsibility of protecting the interests of the public and the State / Police Practice / D. litt. et. Phil. (Police Science)
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A case study of factors contributing to discipline problems of security officers : Eskom distribution centres, KwaZulu-Natal North Coast regionGovender, Remone 27 May 2014 (has links)
Private security forms part of a key strategy component in South Africa in terms of the alignment of the safety and security sector. Both private and public sector businesses in South Africa depend on private security systems to safeguard their assets. Although the growth in the private security sector has not provided for outstanding qualities and high levels of qualification criteria for employment in the sector, this quiet transformation of South Africa’s every day security landscape has potentially wide-ranging concerns. It raises important questions about the accountability and responsibility of security companies in providing their clients with disciplined security officers. There are reasons for concerns at Eskom because of the disciplinary problems experienced by security officers. These disciplinary problems create an environment of instability and uncertainty, which impacts on the core purpose of Eskom which is to provide sustainable electricity solutions to grow the economy and improve the quality of life of people in South Africa. Accordingly, the main purpose for the deployment of security officers to Eskom centres is to create a safer environment for Eskom and to safeguard its assets. Currently, disciplinary problems in the workplace constitute one of the most basic problems facing employers in both the public and private sectors. Therefore, developing and maintaining a disciplined security workforce is a priority that should be on the agenda of all private security companies.
The objectives of this research included the following:
Examine which factors contribute to disciplinary problems;
Determine what the causes of these factors are that contribute to disciplinary problems; and
Identify what solutions can be used to address the factors contributing to disciplinary problems.
A qualitative research approach was used in this study, in that verbal non-numerical data was collected from people in their natural environments who experience xiv
everyday situations in the workplace in order to gain a more complete understanding of the problem area. The main method of data collection was by means of face-to-face interviews between the researcher and the interviewees which took place according to a standardised interview schedule. Thirty (30) respondents drawn by means of probability and non-probability sampling processes and were individually interviewed by the interviewer. Accordingly, this study has examined issues as to why security officers do not reliably uphold the discipline that is required of them in the provision of security services at the Eskom centres. The problem of poor discipline at Eskom centres compromises security, which impacts negatively on profitability when a site experiences losses and theft because security officers do not adhere to Eskom’s security requirements while they are deployed at Eskom centres.
It is important for any institution to first examine and identify the disciplinary problems experienced by its employees before those problems can be addressed successfully. Accordingly, the nature and extent of disciplinary problems by security officers were examined within this study to assess the effectiveness of security management practices within the private security companies supplying a security service to Eskom. This study, therefore, examined disciplinary problems at Eskom centres (on the north coast of KwaZulu-Natal) to identify the specific problems which the security officers have been experiencing and to indicate how effective their company management systems were in dealing with those problems. The study also assisted with formulating adequate recommendations with regard to managing the disciplinary problems at Eskom centres. / Criminology and Security Science / M. Tech. (Security Management)
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Partnership policing between the South African Police Service and the private security industry in reducing crime in South AfricaKole, Olaotse John 06 1900 (has links)
In South Africa, there are high numbers of criminal incidents that are reported to the police every year. Crime prevention needs different stakeholders to work together in order to reduce crime. The South African Police Service (SAPS) looks after the interests of all citizens while the Private Security Industry (PSI) looks after the interests of their paying clients. Only people who can afford to pay extra ‘private’ protection services that are rendered by private security service providers use these services. In this manner, the PSI is a very important stakeholder in crime reduction. Of critical importance is the effective collaboration between the PSI and SAPS in combating crime.
The mixed methods approach was used in this study: qualitative (focus group discussions which were only used by the researcher to familiarise himself with the topic being studied and one-on-one interviews with the members of top management from both PSI and the SAPS) and quantitative (questionnaires completed by members of the PSI and members of SAPS from operational levels). The study revealed the following:
• There are barriers to more effective partnership policing between the SAPS and PSI in combating crime. These barriers came from both sides (SAPS and PSI) whereby the SAPS are said to be looking down on PSI and taking time to respond to the crime scenes when called upon. On the other hand, the manner in which the security members behave on the crime scene was said to be problematic;
• Lack of effective control of PSI by the regulating body makes it easy for fly-by-night security companies to operate in South Africa hence tarnishing the image of the PSI;
• There is a need to give additional legal powers to the deserving private security officers, after thorough training, in order to qualify them as Peace Officers so as to strengthen their role in crime prevention in areas where they do not render their security services as opposed to the citizens powers that the private security officers have as outlined in section 42 of the Criminal Procedure Act No. 51 of 1977;
• The Memorandum of Understanding between the SAPS and PSI should be formulated by the crime prevention stakeholders in order to combat crime effectively;
• The security training should be improved in order to enable the security officers to help police combat crime effectively.
Based on the research findings, the recommendations were formulated which, hopefully, would help the stakeholders to improve their roles in crime prevention. / Criminology and Security Science / D. Litt. et Phil. (Criminology)
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Safety and security of consumers at retail stores in the Gauteng province : an assesment of security measuresMahambane, Misaveni Abel 27 July 2018 (has links)
Retail stores rely on consumers to maintain their businesses and growth. Much of their success depends on the safety and security of consumers. The more people come and buy the products, the more profitable the stores become. If the safety and security of consumers (or their perceptions thereof) at a shopping centre where a retail store is sited is in question, consumers may well stop frequenting such centres and do their shopping at other retail centres at which they perceive to be more safe and secure to do their shopping.
Consumers’ ‘peace-of-mind’ plays a vital role in their selection of which retail store(s) to frequent and will often determine whether a repeat visit will occur. The extent of incidents of crime of whatever nature at a particular shopping centre will also impact negatively on shoppers’ perceptions of ‘how safe it is to shop’ at particular centres.
Security measures differ from one retail store to another and also between the size and layout, as well as the location of the retail store. The rate at which criminal offences take place at retail stores is currently vague or unknown. Therefore, it is vital that specific risks confronting these retail stores should be identified and analysed with the intention of recommending specific security measures.
Business crime and violence present significant threats to consumers’ safety and security in South Africa. High levels of business associated crimes have compelled communities and business bodies such as retail stores to provide their own security for the protection of their assets, as well as consumers.
Effective security measures are a prerequisite at retail stores to ensure the safety and security of consumers whilst visiting retail stores. Precaution ought to be taken when dealing with any crime problem that affects consumers at any business environment, in this study more precisely: retail stores.
The study explored the existing security measures at retail stores for the protection of consumers. The researcher employed qualitative methods: one-on-one interviews with participants and site observations at selected retail stores. There were 30 participants (20 consumers and 10 security officers).
The study found the following:
Retail stores were exposed to security risks such as theft; shoplifting; common robbery; armed robbery; fraud; arson and assaults (grievous bodily harm) and burglary.
The security measures that are currently in place are not adequate to protect retail stores. These security measures differ from one retail store to the next.
In order to improve safety and security at retail stores there should be a security standard that is applicable to the retail stores.
Based on the findings, some of the recommendations were as follows:
Retail stores should be protected in line with the level of risk of the area where the retail store is situated: low risk; medium risk; and high risk.
Security managers should conduct security awareness regularly.
Threat assessments should be conducted regularly as well.
Consumers are encouraged to report to the Security manager at the retail store any suspicious actions; persons; objects; and vehicles. / Criminology and Security Science / M. Tech. (Security Management)
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Regulation of the private security industrySiebrits, Louis Lourens 11 1900 (has links)
The regulation of the private security industry has been an issue of debate for a number of years in
South Africa, as well as in the rest of the world. The debate mainly centers around issues such as the
need for regulation in this Industry and the objectives of regulation. This thesis argues that regulation
is of utmost importance in this Industry and furthermore, that the objective ofregulation should be
to set standards in the Industry. If this is the case, the protection of the public interest will be a
natural result of regulating the standards.
In addition, this thesis argues for the inclusion of the private investigator into the scope of regulation
and suggests that this sector should ultimately be regulated through the means of separate legislation.
This thesis furthermore provides two models for the regulation of the private security industry in
South Africa. These models are described as the Semi-Integrated Wide Model (SIWM) and the Fully
Integrated Wide Model (FIWM). These two models provide Government with the option of
regulating the Industry without alienating the latter. Government will still have the ultimate
responsibility for regulation, but will allow the Industry to be central in setting standards and
requirements. In this way, the Industry will not regulate itself and Government will have the ultimate
responsibility of protecting the interests of the public and the State / Police Practice / D. litt. et. Phil. (Police Science)
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A case study of factors contributing to discipline problems of security officers : Eskom distribution centres, KwaZulu-Natal North Coast regionGovender, Remone 27 May 2014 (has links)
Private security forms part of a key strategy component in South Africa in terms of the alignment of the safety and security sector. Both private and public sector businesses in South Africa depend on private security systems to safeguard their assets. Although the growth in the private security sector has not provided for outstanding qualities and high levels of qualification criteria for employment in the sector, this quiet transformation of South Africa’s every day security landscape has potentially wide-ranging concerns. It raises important questions about the accountability and responsibility of security companies in providing their clients with disciplined security officers. There are reasons for concerns at Eskom because of the disciplinary problems experienced by security officers. These disciplinary problems create an environment of instability and uncertainty, which impacts on the core purpose of Eskom which is to provide sustainable electricity solutions to grow the economy and improve the quality of life of people in South Africa. Accordingly, the main purpose for the deployment of security officers to Eskom centres is to create a safer environment for Eskom and to safeguard its assets. Currently, disciplinary problems in the workplace constitute one of the most basic problems facing employers in both the public and private sectors. Therefore, developing and maintaining a disciplined security workforce is a priority that should be on the agenda of all private security companies.
The objectives of this research included the following:
Examine which factors contribute to disciplinary problems;
Determine what the causes of these factors are that contribute to disciplinary problems; and
Identify what solutions can be used to address the factors contributing to disciplinary problems.
A qualitative research approach was used in this study, in that verbal non-numerical data was collected from people in their natural environments who experience xiv
everyday situations in the workplace in order to gain a more complete understanding of the problem area. The main method of data collection was by means of face-to-face interviews between the researcher and the interviewees which took place according to a standardised interview schedule. Thirty (30) respondents drawn by means of probability and non-probability sampling processes and were individually interviewed by the interviewer. Accordingly, this study has examined issues as to why security officers do not reliably uphold the discipline that is required of them in the provision of security services at the Eskom centres. The problem of poor discipline at Eskom centres compromises security, which impacts negatively on profitability when a site experiences losses and theft because security officers do not adhere to Eskom’s security requirements while they are deployed at Eskom centres.
It is important for any institution to first examine and identify the disciplinary problems experienced by its employees before those problems can be addressed successfully. Accordingly, the nature and extent of disciplinary problems by security officers were examined within this study to assess the effectiveness of security management practices within the private security companies supplying a security service to Eskom. This study, therefore, examined disciplinary problems at Eskom centres (on the north coast of KwaZulu-Natal) to identify the specific problems which the security officers have been experiencing and to indicate how effective their company management systems were in dealing with those problems. The study also assisted with formulating adequate recommendations with regard to managing the disciplinary problems at Eskom centres. / Criminology and Security Science / M. Tech. (Security Management)
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Partnership policing between the South African Police Service and the private security industry in reducing crime in South AfricaKole, Olaotse John 06 1900 (has links)
In South Africa, there are high numbers of criminal incidents that are reported to the police every year. Crime prevention needs different stakeholders to work together in order to reduce crime. The South African Police Service (SAPS) looks after the interests of all citizens while the Private Security Industry (PSI) looks after the interests of their paying clients. Only people who can afford to pay extra ‘private’ protection services that are rendered by private security service providers use these services. In this manner, the PSI is a very important stakeholder in crime reduction. Of critical importance is the effective collaboration between the PSI and SAPS in combating crime.
The mixed methods approach was used in this study: qualitative (focus group discussions which were only used by the researcher to familiarise himself with the topic being studied and one-on-one interviews with the members of top management from both PSI and the SAPS) and quantitative (questionnaires completed by members of the PSI and members of SAPS from operational levels). The study revealed the following:
• There are barriers to more effective partnership policing between the SAPS and PSI in combating crime. These barriers came from both sides (SAPS and PSI) whereby the SAPS are said to be looking down on PSI and taking time to respond to the crime scenes when called upon. On the other hand, the manner in which the security members behave on the crime scene was said to be problematic;
• Lack of effective control of PSI by the regulating body makes it easy for fly-by-night security companies to operate in South Africa hence tarnishing the image of the PSI;
• There is a need to give additional legal powers to the deserving private security officers, after thorough training, in order to qualify them as Peace Officers so as to strengthen their role in crime prevention in areas where they do not render their security services as opposed to the citizens powers that the private security officers have as outlined in section 42 of the Criminal Procedure Act No. 51 of 1977;
• The Memorandum of Understanding between the SAPS and PSI should be formulated by the crime prevention stakeholders in order to combat crime effectively;
• The security training should be improved in order to enable the security officers to help police combat crime effectively.
Based on the research findings, the recommendations were formulated which, hopefully, would help the stakeholders to improve their roles in crime prevention. / Criminology and Security Science / D. Litt. et Phil. (Criminology)
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