Private Security Company
Private Security Organizations are regulated by section 38 of the Police Service Act, 1970 (Act 350) in Ghana. The Act empowers the Minister of Interior to issue a legislative instrument (LI) to regulate the establishment and operations of private security organisations. Pursuant to section 38 of Act 350, the Police Service (Private Security Organization) Regulation, 1992 (LI1571) as amended gives the Minister of Interior the power to grant licence to an applicant with regards to national security and the public interest. The Private Security (Fees & Charges) Amendment Instrument, 2014 (LI 2216) prescribes the appropriate fees to be paid by an applicant as application fee and licence in respect to a new private security company and renewal of licence fee in the case of an already existing private security company.
- CONDITION PRECEDENT
An application for a licence to operate a Private Security Company must be in writing to the Minister of Interior. The applicant must also satisfy the conditions precedent to enable him apply for the licence. These conditions include the payment of application fee of Five Thousand Ghana Cedis (GH¢ 5,000.00), two (2) copies of the resume of each shareholder, director, partner or owner and two passport photographs of each shareholder, director, partner or owner. The applicant is obliged to provide any other information that the Minister may require as to the character, competence and integrity of the directors or partners or any other person who is responsible for the operation of the organisation.
- WHAT HAPPENS WHERE AN ENTITY PURCHASES A PRIVATE SECURITY COMPANY
It is submitted that though Act 350 empowers the Minister of Interior to by legislative instrument regulate operations of private security organisation, no provision is made for the circumstance where an entity purchases a private security company. It is therefore the considered view of this research that. It is therefore the considered view of this research that where a Security Company is procured with its licence by an arrangement, it should be regulated by the Companies Act, 1963 (Act 179) or the parent Act which regulates that entity. However, it is submitted that because of the security concerns that the regulations under Act 350 seek to address, it will be prudent for the Minister of Interior to be put on notice of such arrangement and be notified of the new directors, partners or individual operating the private security organisation.
- CONCLUSION
There is a lacuna in the Police Service (Private Security Organisations) Regulations, 1992 (LI 1571). This gap is evident to the extent that the Regulation fails to address an essential issue of arrangement of a private security company with its licence. The Private Security (Fees & Charges) Amendment Instrument, 2014 (LI 2216) prescribes the following as fees as it relates to private security company;
Application fee – GH¢ 400.00
Licence Fee -GH¢ 5,000.00
Renewal of Licence -GH¢ 2,000.00
Amendments of the Regulation over the years have been in respect of fees and nothing substantial.
Comment (1)
Great