PROMOTING PARTNERSHIPS FOR CRIME
PREVENTION BETWEEN STATE AND PRIVATE
SECURITY PROVIDERS IN SOUTHERN AFRICA
–Edited by Sabelo Gumedze
This work was carried out with the aid of a grant from the International Development Research Centre, Ottawa, Canada.
Disclaimer:
The views expressed in this publication do not necessarily reflect the views of the Private Security Industry Regulatory Authority or the International Development Research Centre.
All rights reserved.
© Private Security Industry Regulatory Authority
June 2015
Published by:
The Private Security Industry Regulatory Authority Private Bag x817, Pretoria, South Africa, 0001
Reproduction is permitted, provided the source and publisher are appropriately acknowledged.
Promoting Partnerships for Crime
Prevention between State and Private
Security Providers in Southern Africa
Edited by
Sabelo Gumedze
Private Security Industry Regulatory Authority
1
CONTENTS
Foreword 2 List of Contributors 4 Acknowledgements 8 Acronyms 9 Executive Summary 12 Introduction 14 Sabelo Gumedze
Literature Review 28 Margaret Gichanga
Botswana 45 Mpho Molomo and Zibani Maundeni
Namibia 95 John Nakutta, Nicole Duminy and Brian Simamuna
South Africa 147 Margaret Gichanga
Swaziland 211 Hamilton Simelane and Wonderboy Maziya
Summary 262 Sabelo Gumedze
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The International Development Research Centre (IDRC) is proud to have provided a grant to the Private Security Industry Regulatory Authority (PSIRA) for the purposes of undertaking a research project titled: Promoting Crime Prevention Partnerships Between State and Private Security Providers in Southern Africa. The overall objective of the research was to explore crime prevention partnerships between the state and the private security sector in selected Southern African countries. This has successfully been achieved. Being the first research undertaken by PSIRA and funded by the IDRC, the work that has gone into this type of research is commendable. The IDRC grant was provided to PSIRA under the auspices of the Governance Security and Justice (GSJ) Programme, which supports the creation of policy-relevant knowledge that is aimed at addressing, inter alia, the challenge of insecurity, which hinders economic, social and political development. It is not disputed that the research findings will influence policy-processes aimed at improving crime prevention initiatives in these countries, namely: Botswana, Namibia, Swaziland and South Africa. This monograph will be helpful in the establishment and strengthening of crime prevention partnerships between the state and the private security sector. This will in turn contribute to the reduction of crime levels in these countries. A comparative study such as this has no doubt led to fresh, exciting insights and a deeper understanding of the approaches adopted by these countries in addressing crime. The study has also led to the identification of gaps in knowledge and pointed to possible directions that could be followed by states in the establishment and stregthening of crime prevention partnerships. Having undertaken the field research, it is plausible that the contributors have succeded in identifying and illuminating similarities and differences. This is important in informing possible policy options to be undertaken by a state, based on its needs and context.
Each contribution to the monograph was peer reviewed by an independent content specialist, Prof. Laurence Juma and language editor, Mr Khomotso Bopape prior to publication. Ms Mindy Standford facilitated a writers workshop to enable the contributors to this monograph to minimise the language editorial work. The monograph was ably edited by Dr Sabelo Gumedze, who has become an African expert in the field of private security. Dr Julie Berg reviewed the literature and provided an extensive critique which informed its betterment. With regard to all the country reports, Mr John Kole, Dr Petros Magagula, Dr Edgar Bwalya, and Dr Lesley Blaauw provided extensive comments on the research questions addressed, the theoretical foundations, the methodologies, the analyses and results presented, and the implications thereof. I am very honoured that from the conception phase FOREWORD
to the final phase of this project, I have been fully involved and met all the role players who have made this project a success. Despite insurmountable odds, the Director of PSIRA, Mr Sam Chauke, made this project possible. His role was not only for the betterment of PSIRA, but also for the Southern African states, which have been subjects of the research.
In paying heed to the recommendations in this monograph, there is no doubt that states, particulaly in the Southern African region, will come closer to solving the ever-escalating crime pandemic. This monograph, which connects theory to practice, is a must read for all: politicians, policymakers, security practitioners, scholars and students. As the first research publication by PSIRA, there is just so much to be gained by reading this well-researched monograph. It is hoped that this publication will prove useful and stimulating to its readers. Ms Njeri Karuru
Senior Programme Specialist, International Development Research Centre 30 March 2015
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LIST OF CONTRIBUTORS
Dr Sabelo Gumedze is the Head/Senior Researcher of the Research and Development Unit at the Private Security Industry Regulatory Authority based in Pretoria, South Africa. Dr Gumedze holds a Doctor of Social Science (International Law) from Åbo Akademi University, Finland. He is a former Senior Researcher of the Conflict Prevention and Peacebuilding Division at the Institute for Security Studies in Pretoria, South Africa. Dr Gumedze has over 10 years experience in research with a background in legal scholarship and practice, policy development, international law, human rights, and human security research, analysis, training, teaching, supervising, project management and implementation. He has worked as a consultant/partner/advisor with the United Nations, African Union, think tanks, NGOs, and universities in Africa, Europe and North America. For the past seven years, he was involved in researching on the role of private security in Africa. He was responsible for managing an IDRC-funded project on Promoting Crime Prevention Partnerships Between State and Private Security Sector in Southern Africa. He is the author of over 25 publications.
Prof. Hamilton Sipho Simelane is a full Professor of History and Head of Department at the University of Zululand. He holds a PhD from the University of Toronto in Canada. He specialises in African and Latin American economic history with a keen interest in African economic development issues, especially the role of the state and institutions in economic growth/ development. His other academic interest is non-state security issues in Southern Africa, particularly as they relate to economic security and development. He commands wide academic and research experience spanning over several years in Swaziland and South Africa culminating in the publication of several articles in both regional and international journals. He combines academic experience with consultancy experience which he gained when he was the director of a consultancy unit at the University of Swaziland between 2002 and 2006. Presently he is engaged in research on the reconceptualisation of rural development in KwaZulu-Natal where he is the lead researcher for the Ingonyama Rural Development Forum (IRDF). He is also engaged in issues of gender and climate change, and is presently the chairman of the Africa Working Group on Gender and Climate Change. He is passionate about inter-disciplinary research in the social sciences. 5
Mr Wonderboy Sikelela Maziya works at the Central Bank of Swaziland as a Security Manager. Before joining the Bank he had worked in the police service for 10 years. During his tenure as Security Manager he made a proposal to Swaziland Standards Authority (SWASA), a standard setting board to consider establishing some standards for the security industry in the country. He was then appointed to head the technical committee, which made valuable input towards the promulgation of the first of its kind SZNS 024:2012 Swaziland National Standard Private Security Services Requirements. Mr Maziya holds a Master of Business Leadership (MBL) degree from the University of South Africa Graduate School for Business Leadership (UNISASBL), Bachelor of Laws and Bachelor of Arts in Law degrees from the University of Swaziland, and has attended many security related short courses and workshops. He completed a Management Development Programme with the Stellenbosch University and is currently pursuing a certified security management programme with the International Security Management Institute based in the United Kingdom. In order to fulfill the requirements of the MBL, he submitted a thesis and research article titled The design and evaluation of a measure of entrepreneurial climate for use by state owned enterprises in the Southern Africa.
Mr John Nakutta is the Director of Human Rights and Documentation Centre
(HRDC) of the Faculty of Law of the University of Namibia (Unam). He has occupied this position since June 2010. Mr Nakutta also teaches human rights law, administrative law and criminal law. He received a LLM (cum laude) from the Utrecht University in the Netherlands, and a LLB from the University of South Africa. He also holds professional qualifications in education. He is currently a non-residential doctoral candidate (2015) at the University of Maastricht in the Netherlands. His thesis examines the coherence between Namibia’s macroeconomic framework
(fiscal envelope) on the one hand, versus policy and budget decisions in respect of the provision of low cost housing from a human rights-based perspective. He generally writes on the area of human rights, particularly economic, social and cultural (ESC) rights, constitutional law, democracy, elections and social justice issues. He also collaborates with government ministries, UN agencies, NGOs – both locally and internationally, in his areas of interest. 6
Mr Brian Simamuna worked as a tutor in the Department of Public Law and Jurisprudence, University of Namibia. Furthermore, he was involved in a number of academic activities mostly run by the Human Rights and Documentation Centre in Namibia. He is currently a Learner Legal Practitioner at the Zambia Institute of Advanced Legal Education (ZIALE) pursuing a Law Practicing Certificate. He is in possession of a Baccalaureus Juris (B Juris) Law Degree, and a Bachelor of Laws (Honours) from the University of Namibia, Diploma in Law, Certificate in Law and a Certificate in Human Rights Law from the National Institute of Public Administration (NIPA) in Lusaka, Zambia. He further holds a Certificate in Psycho- Social Counselling awarded by Chainama College for Health Sciences in Lusaka, Zambia. Mr Simamuna has developed an interest in research and excellent public speaking skills. He is determined, willing to learn, and an easy fit to new situations. Ms Nicole Duminy started studying law in 2010 at the University of Namibia and obtained her Baccalaureus Juris in 2013. She is currently a final year student completing an LLB at the University of Namibia. She has also been engaged in various research projects such as assisting Mr John Nakutta in investigating the water and sanitation situation in Namibia (2012) as well as assisting on the baseline study done for the Office of the Ombudsman of Namibia on assessing the rights of elderly people and the right to health in Namibia (2012). She was recruited as a resource person by the European Union (in collaboration with various other Namibian institutions) in an on-going project informing Namibians about their rights particularly focussing on women’s rights. Prof. Mpho G Molomo is the Director of the Centre for Strategic Studies, housed in the Department of Political and Administrative Studies of the University of Botswana. He holds a BA from the University of Botswana, an MA and MAIA from Ohio University in the United States, and a PhD from Boston University in the United States. He previously served as Head of the Department of Political and Administrative Studies, Director of the Democracy Research Project, and Acting Dean of the Faculty of Social Sciences at the University of Botswana. He has also been a visiting scholar at various universities outside Botswana. His research interests include state and land development and tenure; southern African politics; democratisation in southern Africa; security sector governance and democracy; political parties and electoral systems; and ethnicity and politics. He has published extensively in all of these areas. He has served on observer missions for various elections in the region. He is an external examiner for various SADC institutions, and conducts training courses for defence and security sector practitioners, civil society groups, government officials, and members of parliament in Botswana. 7
Prof. Zibani Maundeni teaches Political Science at the University of Botswana, with specialisation in developmental state theories, civil society, politics of poverty, regional integration, state capacity and human rights. He is an institutional and cultural expert. Professor Maundeni read Political Science at the University of Botswana where he was selected as a Staff Development Fellow and subsequently pursued a Masters degree in the Political Philosophy of Human Rights at the University of Edinburgh and a PhD in Institutional Capacity of the State at York University in the UK. He taught at the University of Botswana from 1993 and was the Coordinator of the Democracy Research Project (DRP) from 2000 until 2007. He has coordinated a number of consultancies including: The National Integrity System in Botswana (analysing institutional structures and processes) for Transparency International which was launched in Harare on the 9th November 2007; Consolidating Democracy in Southern Africa (analysing political parties and civil society organisations as institutions) for the Electoral Institute for Southern Africa which was published in March 2007, Electoral integration in SADC (analysing regional elections institutions) for BIDPA which was published in a book in 2008; Voter Apathy in Botswana for the IEC which published the report in 2002. Professor Maundeni has published four books, three of which he edited. He has published over two dozen articles in international journals. Professor Maundeni just finished a project on political violence in Kenya. He has participated in election observation in several countries as part of the African Union teams. Ms Margaret Gichanga is a researcher with the Private Security Industry Regulatory Authority. She holds a Master of Arts degree in International Relations from the University of the Witwatersrand, known for its research and academic excellence. Ms Gichanga previously worked as an intern at the Institute for Security Studies where she conducted research on private military and security companies, and their involvement in peacekeeping and humanitarian assistance operations in Africa. She published an article titled Fusing the Privatisation of Security with Peace and Security initiatives in Africa. She was responsible for the South African chapter, featured in the four country case study on Promoting Partnerships for Crime Prevention between the State and Private Security Providers in Southern Africa. Other research projects she has worked on include; the Guarding Security Sector, the Electronic Security Sector, and the Role of Dogs and Dog Handlers in the Private Security Sector in South Africa. Ms Gichanga is a part-time lecturer for the Private Security Services Law post-graduate course at the University of the Witwatersrand. Her research interests include; peace-building and post-conflict reconstruction, conflict mediation, the private security industry in peace-building and crime prevention, the international political economy of development and political sociology.
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ACKNOWLEDGEMENTS
The editor wishes to thank the International Development Research Centre
(IDRC) for its generous support towards this, the first-ever published comparative research study conducted by the Private Security Industry Regulatory Authority
(PSIRA). In particular, Ms Njeri Karuru, the IDRC’s Senior Programme Specialist, was very supportive of this research idea and provided guidance on the research project until its completion. Ms Rosemary Ngigi, the IDRC Grants Administrator, also played an important role in ensuring the smooth running of the project’s financials. The field researchers featured in this publication deserve praise for their excellent work, namely: from Botswana, Prof. Zibani Maundeni and Prof. Mpho Molomo; from Namibia, Ms Nicole Duminy, Mr John Nakutta and Mr Brian Simamuna; from South Africa, Ms Margaret Gichanga; and from Swaziland, Mr Wonderboy Maziya and Prof. Hamilton Simelane. It is also noteworthy that Ms Gichanga single-handedly undertook the literature review as well as researched and authored the country report for South Africa. Special thanks also goes to a great visionary of our time, the Director of the Private Security Industry Regulatory Authority, Mr Manabela Sam Chauke, who championed the establishment of the Research and Development Unit, which became the driving force behind the research study that has since resulted in this important publication. 9
ACRONYMS
ADT American District Telegraph
AIT Assets-In-Transit
ANC African National Congress
AON All Or None
ASIS American Society for Industrial Security
ATMs Automated Teller Machines
AWOL Absent Without Leave
BAC Business Against Crime
BDC Botswana Development Corporation
BDF Botswana Defence Force
BEE Black Economic Empowerment
BID Business Improvement District
BOCCIM Botswana Confederation of Commerce Industry and Manpower BOFEPUSU Botswana Federation of Public Services Union BOTA Botswana Training Accreditation Authority
BPS Botswana Police Service
BRICS Brazil, Russia, India, China, South Africa
CADSP Common African Defence and Security Policy
CCID Central City Improvement District
CCTV Closed Circuit Television
CEO Chief Executive Officer
CFR Central Firearms Registry
CID Criminal Investigation Department
CIT Cash-In-Transit
CLF Caprivi Liberation Front
CPF Community Policing Forum
CPO Close Protection Officers
CPP Crime Prevention Partnership
CRM Customer Relationship Management
DA Democratic Alliance
DCEC Director on Corruption and Economic Crime
DIS Directorate of Intelligence Services
DTC Diamond Trading Centre
DTP Diamond Technology Park
EFC Electric Fence Certification
ESS Engineered System Solutions
FPTP First Past the Pole
GABS Government Accounting and Budgeting system
GBH Grievous Bodily Harm
GDP Gross Domestic Product
GDS Growth and Development Strategy
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GPI Global Peace Index
GRN Government of Namibia
HLCC High Level Consultative Council
ICC International Conference Centre
ICCPR International Covenant on Civil and Political Rights ICERD International Convention on the Elimination of all forms of Racial Discrimination
IEC Independent Election Commission
ILEA International Law Enforcement Agency
ILO International Labour Organization
IPPR Institute for Public Policy Research
IRIN International Regional Information networks
ISS Institute for Security Studies
IT Information Technology
JDA Johannesburg Development Agency
JMPD Johannesburg Metropolitan Policing Department LaRRi Labour Resource and Research Institute
MDJS Ministry of Defence Justice and Security
MEC Member of the Executive Council
MoL Ministry of Labour
MoU Memorandum of Understanding
Nampol Namibian Police
NAMRIGHTS Namibia Society for Human Rights
NASA Namibia Statistics Agency
NASGWU Namibia Security Guard and Watchmen Union
NATAU Namibia Allied Workers and Transport Union
NCIS Namibia Central Intelligence Service
NCPS National Crime Prevention Strategy
NDF Namibian Defence Force
NEF Namibia Employers Federations
NFSE Namibia Federation of Security Employers
NGO Non-Governmental Organisation
NHE Namibia Housing Enterprise
NISU Namibia Independent Security Union
NKP National Key Points
NPA National Prosecuting Authority
NSGPU National Security Guards Protection Union
NW Neighbourhood Watch
PCO Professional Conference Organisation
PLAN People’s Liberation Army of Namibia
PMCs Private Military Companies
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POLSEC Political Secretary
PPADB Public Procurement and Asset Disposal Board
PSCs Private Security Companies
PSF Police Security Forum
PSI Private Security Industry
PSIRA Private Security Industry Regulatory Authority SAB Security Association Botswana
SACU Southern African Customs Union
SADC Southern African Development Community
SAHRC South African Human Rights Commission
SAN Security Association of Namibia
SANDF South African National Defence Force
SAP South African Police
SAPS South African Police Service
SAQA South African Qualifications Authority
SARPCCO South African Regional Police Chief Coopetation Organisation SASA Security Association of South Africa
SASSA South African Social Security Agency
SASSETA Safety and Security Sector Education and Training Authority SATU Secretary General of Swaziland Amalgamated Trade Union SESORB Security Enterprises and Security Officer Regulation Board SFF Special Field Force
SIA Security Industry Alliance
SOC-SMG Special Operations Consulting-Security Management Group SSG Special Support Group
SWAPO South West Africa People’s Organization
SWATF South West African Territorial Forces
UDP United Democratic Party
UK United Kingdom
UNDP United Nations Development Programme
UNODC United Nations Office on Drugs and Crime
UNTAG United Nations Transition Assistance Group
USA United States of America
USDF Umbutfo Swaziland Defence Force
VIP Very Important Persons
VOCS Victims of Crime Survey
VVIP Very Very Important Persons
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Private security is now considered to be part and parcel of the broader security sector. Not only are private security companies (PSCs) providing security services to those who can afford to pay for such services, but they also play a part in crime prevention within various societies. They arguably complement the role of the police whose role it is to detect and combat crime. In view of their roles in preventing crime, there is a need for the inclusion of the private security industry in crime prevention partnerships between the state and non-state actors. This should be the case despite the fact that the private security industry is largely profit-driven and that – in the pursuit of business – it largely serves the interests of those who hire its companies.
In light of the various roles that state security agencies and non-state actors play in crime prevention, the need for the establishment and strengthening of strong collaborations or partnerships among these security providers cannot be overemphasised. Crime prevention partnerships are very important due to the fact that crime negatively affects any country’s development. After all, crime prevention cannot only be left to the police. This is not to say crime prevention should no longer be a concern of the police, but a societal challenge requiring a multi-pronged approach. In order to address the challenges of crime, many states, including those in southern Africa, have adopted the concept of community policing, which emphasises partnerships between the community and the national police as a crime prevention intervention. While this intervention is effective in many states, it however overlooks the importance of the role played by the private security industry, which has now become a force to be reckoned within the field of security.
This monograph explores crime prevention partnerships between the state and the private security sector in four selected southern African countries, namely, Botswana, Namibia, South Africa and Swaziland, with a view to influencing policy processes aimed at improving crime prevention initiatives. While the policy interventions targeted through this research mainly focus on the national level, utilising the research findings in influencing policies at the sub-regional, regional and international levels could be an important consideration. It is hoped that through this research, the establishment and strengthening of partnerships between the state and the private security sector, in particular, will result in the drastic reduction of crime levels in these countries and also prove that such partnerships could be viable and strategically sound tools for crime prevention in the southern African region.
EXECUTIVE SUMMARY
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This publication is the first of its kind to have been undertaken under the auspices of the Private Security Industry Regulatory Authority (PSIRA), an entity established by South Africa’s Private Security Industry Regulation Act, No. 56 of 2001. The Authority’s mission is to protect the constitutional rights of all people to life, safety and dignity through the effective promotion and regulation of the private security industry. According to the PSIRA Strategic Document, Strategic Priority 1 on the Industry Stewardship (Knowledge and Advocacy), PSIRA is to seek to ensure full understanding of the private security industry and to begin to respond to industry needs and challenges in order to be recognised as “the industry experts”.
As PSIRA understands it, the quest for industry expertise goes beyond just understanding the South African private security industry. It includes appreciating what is going on in other countries, both within the African continent and beyond. The idea behind the comparative study, which this monograph covers, is informed by the idea that in any field of study, comparable analysis allows for more informed decision-making. Needless to say, there is always an advantage in comparable analysis in the case of security studies. This is the overarching objective of this research study.
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INTRODUCTION
Sabelo Gumedze
1. The purpose of the study
This monograph explores crime prevention partnerships between the state and the private security sector in four selected southern African countries, namely, Botswana, Namibia, South Africa and Swaziland. Crime prevention in southern Africa is largely based on the principle of community policing, that is, partnerships between the community and the national or public police. The partnerships between the police and communities, which strengthen existing community policing forums
(CPFs) are seen as viable tools for effective crime prevention in the region. Within these partnerships, however, the role played in crime prevention, by the private security sector, that is, private security companies (PSCs) and private security officers (PSOs) is often overlooked, ignored and/or downplayed, yet the sector has grown exponentially, taking centre stage in the security arena. In fact, the private security sector has become a force to be reckoned with not only within the southern African region but also globally.
While CPFs are focused on securing communities with the assistance of the national police service (or force, as the case may be), private security companies mainly provide security to those who can afford to pay for their services. This is one of the many reasons why PSCs are usually not considered, yet they are critical role players in crime prevention in many instances. In fact, they form the key players in the field of security, not only in preventing crime but also in complementing the work of the police. It is not a secret that police are in most cases constrained in terms of their financial and human capital in almost every society. Figures 1 and 2 show the population numbers and police force numbers in Botswana, Namibia, South Africa and Swaziland, respectively.
Figure 1: Population per country, 2014
52-900-*-***-*-*** 1 200
South Africa
KEY
Namibia
Botswana
Swaziland
60 000
50 000
40 000
30 000
20 000
10 000
0
Population
15
Figure 2: Police Force per country: 2014
South Africa
KEY
Namibia
Botswana
Swaziland
160 000
140 000
120 000
100 000
80 000
60 000
40 000
20 000
Number of Police
13 000 5 000
The main objective of this research study is to generate policy-relevant knowledge in the sphere of crime prevention partnerships. What is most glaring is the fact that the real function and potential of the private security sector, particularly in crime prevention, has not been studied. Writing from the perspective of the Republic of Macedonia, Gerasimoski (2013:296) argues that many of the laypeople view private security as a repressive security component and as something that has deviated from the very notion of security, i.e. security being seen as an integral social phenomena – a public good. As will be seen in the country case studies featured in this monograph, this view also prevails in the southern African region. The argument made is that private security cannot be envisaged or practised in any other way than preventive as its primary orientation (Gerasimoski, 2013:296). This is true in the sense that private security should only be seen as preventing the commission of crime. If such prevention is not effective and crime eventually occurs, the public police take over as the first port of call in the official justice system.
2. Unpacking the research question
In undertaking this study, the following research question was considered and comprehensively addressed:
Based on the role played by the private security sector, that is, PSCs in the southern African region, to what extent can crime prevention partnerships between the state and the private security sector effectively