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to “monitor the use of the weapons”.194 Income is generated from the hire of weapons and storage of PMSC-owned equipment. However, the researcher is of the view that notwithstanding the Sri Lankan authorities’ general cooperation with PMSCs, South Africa should not adopt its policy on the hiring of firearms and ammunition. Instead, the focus should be on the manner in which PMSCs are vetted, and given “prior approval” and weapons are permitted coupled with control of their movement in South African territory.
Florquin reports that Djibouti charges US$150 000 per PMSC for annual permits to operate in its ports with weapons.195 Firearms and ammunition are available for rental by a single authorised company, Djibouti Maritime Security Services (DMSS).196 Florquin further reports that DMSS
“operates a fast supply vessel that allows it to go to sea to retrieve weapons from returning ships before they move on to other ports that do not allow armed guards to enter”.197 The Djibouti annual permit system thus allows for the free movement of personnel and weapons prior to and after transit through the Gulf of Aden, thereby optimally utilising its geographical location.
The Republic of Mauritius merely requires “24 hours (preferably 48 hrs)” notice from a vessel carrying armed security personnel.198 The vessel must supply details of the firearms, security personnel and “[A] letter of authorisation from The Commissioner of Police authorising Transit and Storage of Firearms and Ammunition” to the Mauritius Revenue Authority, Harbour Master and Mauritian Police.199 Proof of flag state authorisation for the use of PCASP must be submitted to the Mauritius Police and “in order to operate in the territorial waters of Mauritius, foreign Private Maritime Security Companies (PMSC) providing services of PCASP onboard vessels, need to obtain prior authorisation of the Government of Mauritius (Prime Minister’s
194 Florquin, N. ‘Escalation at Sea: Somali Piracy and Private Security Companies’ in Project of the Graduate Institute of International and Development Studies ‘Small Arms Survey 2012: Moving Targets’: Geneva, Cambridge 2012 at 210.
195 Ibid.
196 Ibid. See also United Nations Security Council: Report of the Monitoring Group on Somalia and Eritrea S/2011/433 (18 July 2011) pursuant to Security Council resolution 1916 (2010) at 302; United Nations: New York.
197 Ibid, with reference to the United Nations Security Council: Report of the Monitoring Group on Somalia and Eritrea S/2011/433 (18 July 2011) pursuant to Security Council resolution 1916 (2010) at 305; United Nations: New York.
198 Response from the Republic of Mauritius to the IMO Questionnaire on Information on Port and Coastal State Requirements Related to Privately Contracted Armed Security Personnel on Board Ships, MSC-FAL. 1/Circ.2 at 2 available at http://www.imo.org/OurWork/Security/PiracyArmedRobbery/Pages/Responses-received-on-
Private%20Armed%20Security.aspx accessed on 3 September 2014.
199 Ibid at 3.
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Office)”.200 This is a “prior approval” process which takes approximately one month and thereafter details of subsequent vessels and teams are to be submitted preferably on 48 hours’
notice. The response from Mauritius to the IMO questionnaire lists, in detail, the various authorities that need to be notified of the arrival of armed guards, including the Port Master, National Coast Guard, Harbour Police and Commissioner of Police.201 The Mauritian authorities require information relating to the “bona fides” of the PMSC, firearms licenses, and authorisation from the country of registration and purchase of firearms, security bonds and indemnities.202 The Mauritian Police require that weapons disembarked in port be handed over into their custody for transport to a storage facility and a charge is levied.203 The remainder of the response sets out in detail which authority requires certain documents. There is collaboration between the Customs, Police, Harbour Master and Port Authority with regards to PCASP arriving in Mauritian territory.
The researcher is of the view that South Africa should model its procedures on the Mauritian framework, especially, the prior approval and “authorization” of PMSC to operate in its territory.
The period of one month to obtain approval is reasonable considering that the intention is for vessels to only submit 48 hours’ notice of arrival of a PCASP thereafter. However, the storage of weapons can be undertaken by South African gunsmiths with the requisite storage licenses, as has been the procedure for PMSCs operating in South African territory, instead of placing this extra burden and cost on the SAPS.204
The researcher suggests that the South African government consider the proactive approach of these countries and implement policies that will facilitate the movement of PCASP in its ports because “PMSCs have a legitimate and probably increasing, long-term role in the counter-piracy fight and act therefore to recapture leadership of the policy and regulatory agenda related to their
200 Ibid at 4.
201 Ibid at 3.
202 Ibid at 7.
203 Ibid at 12.
204 See for example the use of Titan Arms and Ammunition in Durban by Solace Global Maritime Ltd UK. Solace Global Maritime Ltd UK v Minister of Police and others (unreported) KwaZulu-Natal High Court, Durban Case number 35/2012, annexure “DJP19” of the applicant’s replying affidavit (David John Peach) at pg 238 of the indexed bundle.
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use”.205 Florquin states that South Africa is a “key transit point[s]” which only allows semi- automatic weapons to enter its territory.206 The researcher is of the view that Florquin’s statement, based on interviews with PMSCs in 2011, was in the midst of the “critical period” and the refusal to issue permits resulting in the seizure of weapons by the SAPS led to the three separate court cases discussed in Chapter Four. In simple terms, if other states are able to accommodate the movement of PCASP in their territory and set out clear requirements and policies, provided security interests are considered, South Africa should have no difficulty in amending its outdated legislation and developing procedures that can facilitate PMSC in South African territory.