I wish to extend my heartfelt thanks to Professor G.M. Fimbo, my supervisor, whose enthusiasm, inspiration, and great efforts to explain things clearly helped me greatly to accomplish this dissertation. Admittedly, I would have lost direction and main points without him. Whilst, I am thankful to Professor G.M. Fimbo for his unconditional guidance, I must admit that if there is any error in this dissertation, the blame lies with me alone.
THE PRIVATE SECURITY INDUSTRY IN TANZANIA: Challenges, Issues and Regulation Jaba Shadrack, October 2011 A Dissertation Submitted in Partial Fulfilment of the Requirements for the Degree of Master of Laws (LL.M) of the University of Dar es Salaam i Jaba, 2011 CERTIFICATION The undersigned certify that he has read and hereby recommends for acceptance and examination by the University of Dar es Salaam a dissertation entitled: “The Private Security Industry in Tanzania: Challenges, Issues and Regulation” in partial fulfilment of the requirements for the degree of Master of Laws (LL.M) of the University of Dar es Salaam ……………………………………… PROFESSOR, G.M FIMBO (Supervisor) Date: ii Jaba, 2011 DECLARATION AND COPYRIGHT I, Jaba Shadrack, declare that this dissertation is my own original work and that it has not been presented and will not be presented to any other University for a similar or any other degree award I declare further that all references I have used or quoted or paraphrased have been indicated or acknowledged by means of footnotes or references Signature -(Supervisee) This dissertation is copyright material protected under the Berne Convention, the Copyright and Neighbouring Rights Act (No of 1999, CAP 218, RE: 2002) and other international and national enactments, in that behalf, on intellectual property It may not be reproduced by any means, in full or in part, except for short extracts in fair dealings, for research or private study, critical scholarly review or discourse with an acknowledgement, without the written permission of the Directorate of Postgraduate Studies, on behalf of both the author and the University of Dar es Salaam iii Jaba, 2011 ACKNOWLEDGEMENT I wish to extend my heartfelt thanks to Professor G.M Fimbo, my supervisor, whose enthusiasm, inspiration, and great efforts to explain things clearly helped me greatly to accomplish this dissertation Admittedly, I would have lost direction and main points without him Whilst, I am thankful to Professor G.M Fimbo for his unconditional guidance, I must admit that if there is any error in this dissertation, the blame lies with me alone I am also indebted to many of my workmates (alias the Yombo Republic) namely Mr Abdallah Gonzi, Abel Mwibuli, Kitta Hussein, Njamasi Sehewa, Kiwory Goodluck, Evaristo Longopa, Laurean Mussa, Sabhigoro Francis, Luhende Boniphace, PrayGod Nicholas, Sostenes Materu and Mhozya Bonaventura whose challenges, insights and constructive ideas on the topic have helped me a lot Further, I wish to thank my entire extended family for providing a loving environment for me My brothers, Sisters, my half-siblings, my sister-in-law, nephews, uncles, and cousins were particularly supportive Lastly, and most importantly, I owe my deepest gratitude to my soulmate, Ms Felister Akonaay, and above all my parents, Mr Deogratias Mfungo Shadrack and Nyajige Agnes Mcheche for their unconditional love, support, understanding, patience and belief in me iv Jaba, 2011 DEDICATION I dedicate this dissertation to all „Private Security Personnel‟ in Tanzania which continues to work tirelessly day and night despite the hardships they have to endure v Jaba, 2011 ABSTRACT After the decline of „command economy‟ in the socialist bloc, the policy of privatisation has hit even areas that were considered to be exclusive domain of the state, such as defence and security With the trend of privatising security becoming national and international in nature, the theme of privatisation of security services is gaining prominence on the international agenda In that regard, this sector of investment has influenced and has become an area of concern to scholars and policy-makers at national and international level However, the aspect of effective regulation of the security industry seems to be forgotten in many jurisdictions, Tanzania inclusive The increase of Private security or military companies‟ involvement in transnational business as combatants (private contractors), peace-keepers, or mercenaries has fuelled the United Nations (UN) to draft the Convention on the Regulation, Oversight and Monitoring of Private Military and Security Companies (infra) This study examines the issue of the Private Security Industry in Tanzania in terms of regulation and outlines major issues and challenges pertaining to the industry The aim is to demonstrate that laws and practice relating to registration, licensing and regulation of Private Security Industry in Tanzania are loosely crafted, frail and feeble To establish that notion the study appraises the performance and impact of the sector in Tanzania in the light of an assumption that „an effective security service in Tanzania is no longer a public good, but a privilege available only to those who can afford it.‟ vi Jaba, 2011 TABLE OF CONTENTS Certification……………………….……………………………………… ……… … i Declaration and Copyright…….……………………………….………… …………….ii Acknowledgement……………………………………….………………….……… ….iii Dedication…………………………………………………….…………… ………… iv Abstract… …………………………………………………………… … ………… v Table of Contents…………… ……………………………………… ……………… vi Abbreviations & Glossary………… ……………… ……………….………… …… x Table of statutes and Cases…………………….… …… ………….……………… viii CHAPTER ONE: INTRODUCTION 1.0 Definitions and Background Information………………………………………… 1.1 Background to the Study………………………………………………………… …6 1.2 Statement of the Problem………………………………………………………… 1.3 Research Objective……………………………………………………………….…10 1.3.1 Principal Objective…………………………………………………….………….11 1.3.2 Specific Objective……………………………………………………………… 11 1.4 Significance of the Study……………………………………………………………11 1.5 Hypotheses………………………………………………………………………….12 1.6 Literature Review………………………………………………………….……… 13 1.7 Research Methodology…………………………………………………………… 26 1.7.1 Library Research………………………………………………………………….26 vii Jaba, 2011 1.7.2 Online/Electronic Research………………… ………………… 26 1.7.3 Field Research…………………………………………………………………….27 1.8 Limitations of the Study…………………………………………………………….28 1.9 Scope of the Study……………….……………………………………………….….29 1.10 Conclusion……………………………………………………………………….…29 CHAPTER TWO: CONSTITUTIONAL, LEGISLATIVE AND INSTITUTIONAL FRAMEWORK OF THE PRIVATE SECURITY INDUSTRY 2.0 Introduction……………………………………………………………… ……….30 2.1 Growth of the PSI and Risks of Unregulated PMSCS….….………… ………… 30 2.2 Laws on Private Security Industry in Tanzania…….……………………………….33 2.2.1 Establishment and Regulation of PSCs…………………………………………34 2.2.2 The Private Security Industry under The Constitution of the United Republic of Tanzania, 1977…………………………………… …………………… ……39 2.3 Conclusion…………………………………………………………………….…….46 CHAPTER THREE: THE RIGHT TO SECURITY OF PERSON VIS-A-VIS PRIVATISATION OF SECURITY 3.0 Introduction………………………………………………………………… … 48 3.1 The right to security of person and property as a human right…… ……….…… 50 3.1.1 National Dimension…………………………………………………… … 51 3.1.2 International Dimension……………………………………………… …… 53 viii Jaba, 2011 3.2 The state of Security to Commoners on Eve of PSCs……………… …………….56 3.3 Effects of Privatisation of Security on the Right to Security of Person and Property………………………………………………………………… ………57 3.4 Conclusion………………………………………………………………… … …68 CHAPTER FOUR: LEGAL ISSUES IN THE PRIVATE SECURITY INDUSTRY IN TANZANIA 4.0 Introduction…………………………………………………………………………70 4.1 Legal Issues in the TPSI…………….…………………………………………… 70 4.1.1 Relationship between PSCs and Public Police……………………………………70 4.1.2 The Law on Possession and Use of Firearms by PSCs…… …………………….74 4.1.3 Wearing of Uniforms and Identification of PSCs personnel…………………… 77 4.2 Operation of PSCs…………………………………………………………….…….79 4.2.1 Self-regulation and Cooperation in the Private Security Industry………….…… 81 4.2.2 Legal Standards for Recruitment and Training of Private Security Personnel …82 4.2.3 Trade Union, Remuneration and the Working Conditions…………………….….85 4.3 The Role, Challenges and Influence of PSCs…………………………………… 91 4.4 PSCs and the threat to the National Security…………………………….………….93 4.5 Conclusion………………………………………………………………………… 94 CHAPTER 5: CONCLUSION AND RECOMMENDATIONS 5.0 Conclusion………………………… …………………………… ………… .96 5.1 Recomendations …………… ………………… ………… … .98 ix Jaba, 2011 REFERENCES 99 APPENDICES .121 - 24 Jaba, 2011 - 25 Jaba, 2011 - 26 Jaba, 2011 - 27 Jaba, 2011 - 28 Jaba, 2011 - 29 Jaba, 2011 - 30 Jaba, 2011 - 31 Jaba, 2011 - 32 Jaba, 2011 - 33 Jaba, 2011 - 34 Jaba, 2011 - 35 Jaba, 2011 - 36 Jaba, 2011 - 37 Jaba, 2011 - 38 Jaba, 2011