Modernizing Ghana’s private security industry: A call for a new law (Act of Parliament)

The provision of security is a fundamental duty of the state, as underscored by John Stuart Mill's assertion that "security is the most vital of all interests, and the security of a person and property is the first need of society" (cited in Acton Burrow, 1972; 55).

This principle is deeply ingrained in the concept of the "Weberian state" which is characterized by its monopoly on the legitimate use of force (Weber, 1919).

However, in recent years, the landscape of security provision has evolved significantly, necessitating a reevaluation of the regulatory framework governing private security organizations (PSOs).

Private security companies play a crucial role in complementing the efforts of state security agencies, contributing to job creation and revenue generation. The industry employs over 23,000 people nationwide and is a significant contributor to the internally generated funds of the Ministry of the Interior.

Despite these contributions, the sector remains largely unregulated, leading to a myriad of challenges. One major challenge is the absence of a specific regulatory policy tailored to the modern complexities of the private security industry in Ghana. The reliance on a minor footnote in section 38 of the Police Service Act, 1970 (Act 350) for the registration and regulation of private security firms is no longer adequate. The operations of PSOs have evolved beyond traditional security duties such as watching, guarding, monitoring and
patrolling to include new developments in the security industry.

These developments include the increasing demand for pre-screening reports by the citizenry and corporate institutions, which has led some countries to outsource pre-screening or background checks to PSOs. Additionally, the proliferation of digital locks, the distribution and installation of security electronic systems, E-Crimes, and other technological advancements have made the sector increasingly complex.

The Private Security Industry is structured into two main areas: Contract Security Service Providers and In-House personnel of Corporate bodies or Proprietary Security personnel. This sector operates in a vast market, and a careful study of its dynamic growth suggests that it may be the first 5 largest employer industry in the country.

In light of these developments, there is an urgent need for an updated definition of Private Security Organizations or operations in a new law (Act of Parliament).

This new law should address the changing nature of the industry and ensure the
welfare of personnel and the sector as a whole. It should guarantee accountability and minimum standards in the industry, including recruitment, vetting, training, professionalism, complaints channels, the use of force, and limitations of powers of PSOs, offenses, and fees.

It is recommended that this new law be enacted as standalone legislation, rather than as an amendment to the existing Police Service Regulation 1992 (LI 1571).
This approach will allow for a more comprehensive and effective regulation of the private security industry, ensuring that it meets the evolving needs of society and remains a reliable partner in maintaining internal security and defense against external threats.