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last updated 18-Aug-2020
 
 
 
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South Africa is a the leading supplier of Private Military / Security Companies, contractors and personnel (third in terms of personnel after the U.S. and the UK, and competing with Israel for the the slot of the third largest supplier of PMCs and PSCs). Regulation in South Africa is a post-Apartheid activity and much remains to be done in terms of the oversight and enforcement of its Acts. CLICK HERE to return to the Frequently Consulted Documents page.
 
SOUTH AFRICA
 
 

 

STAGE 1: REACTION TO E0 AND OTHER DOMESTIC POLITICAL AFFAIRS

Regulation of Foreign Military Assistance Act. The Parliament of the Republic of South Africa, Cape Town, 20 May 1998, Act No. 15 of 1998 (Government Gazette, vol 395, no. 18912). The Act regulates the rendering of foreign military assistance by South African juristic persons, citizens, persons permanently resident within the Republic and foreign citizens rendering such assistance from within the borders of the Republic; and to provide for matters connected therewith: PDF

STAGE 2: REACTION TO THE INVOLVEMENT OF SOUTH AFRICAN PERSONNEL IN THE IRAQ CONFLICT AND OTHER DOMESTIC POLITICAL AFFAIRS

Prohibition of Mercenary Activity and Prohibition and Regulation of Certain Activities in an Area of Armed Conflict Bill. (As introduced in the National Assembly as a section 75 Bill; explanatoly summaly of Bill published in Government Gazette No. 28163 of 24 October 2005) (The English text is the oficial text of the Bill). Minister of Defense, Republic of South Africa, B42-2005 (ISBN 0 621 35874 6). The Bill was drafted to prohibit mercenary activity; to prohibit, subject to exceptions, the provision of assistance or service of a military, security or other nature in an area of armed conflict; to prohibit, subject to exceptions, the enlistment of South African citizens or permanent residents in foreign armed forces; to regulate the provision of humanitarian aid in an area of armed conflict; to provide for extra - territorial jurisdiction for the courts of the Republic with regard to certain offences; to provide for offences and penalties; and to provide for matters connected therewith: PDF

Defence Portfolio Committee. Prohibition of Mercenary Activities and Regulation Activities in Armed Conflict Bill: Hearings. Parliamentary Monitoring Group (PMG), 24 May 2006. Now only registered Non-government and community-based organisations (this does not include umbrella non-profit associations) and Public educational institutions (full-time staff and students) can have free access to this documents: http://www.pmg.org.za/

(Old link for research purposes only: http://www.pmg.org.za/viewminute.php?id=7814)

Prohibition of Mercenary Activities and Regulation of Certain Activities in Country of Armed Conflict Act, 2006. The Parliament of the Republic of South Africa, Cape Town, 16 November 2007, Act No. 27 of 2006 (Government Gazette, vol 509, no. 30477). Act to prohibit mercenary activity; to regulate the provision of assistance or service of a military or military-related nature in a country of armed conflict; to regulate the enlistment of South African citizens or permanent residents in other armed forces; to regulate the provision of humanitarian aid in a country of armed conflict; to provide for extra-territorial jurisdiction for the courts of the Republic with regard to certain offences; to provide for offences and penalties; and to provide for matters connected therewith: PDF | TEXT

To visit key South African Government departments go to the GOVERNMENTAL SITES page

SELECTED REGULATION AT THE NATIONAL LEVEL

Private Security Industry Regulation Act, 2001. The Parliament of the Republic of South Africa, Cape Town, 25 January 2002, Act No. 56 of 2001(Government Gazette, vol. 439, no. 23051). Act to provide for the regulation of the private security industry; for that purpose to establish a regulatory authority; and to provide for matters connected therewith: PDF

Code of Conduct For Security Service Providers 2003. Code of Conduct Prescribed Under the Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001). Department for Safety and Security, Cape Town, 21 February 2003. Section 28 of the Private Security Industry Regulation Act, 2001 places a duty on the Minister for Safety and Security to prescribe a code of conduct that must meet the requirements of section 28 and must be legally binding on all security service providers, irrespective of whether they are registered with the Private Security Industry Regulatory Authority or not, as well as on certain other person: PDF

> In relation to the Private Security Industry Regulation Act, 2001 and associated regulations, there are numerous documents relating to appeals and applications for exceptions affecting particular companies and/or individuals. You just need to search for the relevant document at: http://www.search.gov.za/

 

 
 
 
 

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