Regulating the private security industry in Tanzania: the effect of minimum wage order

Authors

DOI:

https://doi.org/10.20525/ijrbs.v13i5.3451

Keywords:

Regulation; Private Security Companies; Minimum Wage; labour law

Abstract

The principal objective of this paper is to explore the effect of minimum wage order as a form of regulatory mechanism for the private security industry in Tanzania. More precisely, it attempts to assess how minimum wage impact on the pricing of services to their consumers. It explores the background, comparative analysis of minimum wages, the current legal framework and interpretation of related legislation to support implementation and assesses compliance. The study that culminated in the paper was qualitative in nature, being based on the case study of the selected private security companies in Tanzania. For this end, this paper used observation, expert opinions, interviews and documentary review for getting both primary and secondary data. The findings of the study revealed that whereas the wage order is clear, there are extensive guidelines in the labour laws that require to be read together with it, leading to misinterpretation or deliberate omission due to their impact on the pricing. The set wage results in a selling price that is 4.3 times, even with a modest 10% profit mark-up. Compliance is very low, and enforcement is weak, leading to price undercutting and causes those willing to comply lax and follow non-compliers to survive in the market characterised with price wars. Consumer is conflicted in choosing cheap service providers and enforcing compliance with the minimum wage order for the welfare of guards. The study recommends improving regulatory oversight, more awareness training of PSC directors, simplifying the labour laws to avoid ambiguity, unifying minimum wages, regular audits and educating the consumers of the link between wage and pricing of service. It also recommends strengthening the capacity of trade associations to help in the regulation of their respective members.

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References

Abrahamsen, R., and Williams, M. (2011). Security privatization and Global Security Assemblages. Brown Journal Of World Affairs, xviii(1), 153-162.

Addison, J.T., Blackburn, M.L., & Cotti, C.D. (2009). Do minimum wages raise employment? Evidence from the U.S. retail-trade sector. Labour Economics, 16(4), 397-408. http://dx.doi.org/10.1016/j.labeco.2008.12.007 DOI: https://doi.org/10.1016/j.labeco.2008.12.007

Alaniz, E., Gindling, T. H., & Terrell, K. (2011). The impact of minimum wages on wages, work and poverty in Nicaragua. Labour Economics, 18, Supplement 1(0), S45-S59. http://dx.doi.org/10.1016/j.labeco.2011.06.010 DOI: https://doi.org/10.1016/j.labeco.2011.06.010

Azoth Analytics (2021) Global Security Services Market (2021 Edition) - Analysis By Services Type (Manned Guarding, Alarm Monitoring, Cash Logistics, Others), End User, By Region, By Country: Market Insights and Forecast with Impact of COVID-19 (2021-2026). Available on https://www.researchandmarkets.com/reports/5465015.

Berg, J. (2003). The Private Security Industry in South Africa: A Review of Applicable Legislation. South African Journal of Criminal Justice 16: 178 –96.

Diphoorn, T. (2016).Surveillance of the Surveillers: Regulation of the Private Security Industry in South Africa and Kenya. African Studies Review, 59(02), 161-182. http://dx.doi.org/10.1017/asr.2016.31 DOI: https://doi.org/10.1017/asr.2016.31

Gumedze, S. (2020). Baseline Study on Private Security Regulation in the Southern Africa Region. Geneva: Geneva Centre for Security Sector Governance.

Holmqvist, C. (2005) Private Security Companies: The Case for Regulation. SIPRI Policy Paper No.9, available at: https://www.sipri.org/publications/2005/sipri-policy-papers/private-security-companies-case-regulation, accessed 22 September 2023.

Jaba, S.T. (2020) Privatised Policing Duties in a Constitutional State: The Case Of Postcolonial Tanzania In Socio-Legal Context. PhD in Law Thesis, University of Warwick. Available at http://wrap.warwick.ac.uk/159373.

Krahmann, E. (2016). Choice, voice and exit: consumer power and the self-regulation of the private security industry. European Journal of International Relations, 1(1), 27-48. http://dx.doi.org/10.1017/eis.2015.6. DOI: https://doi.org/10.1017/eis.2015.6

M?rginean, S and Alina ?tefania Chenic, A (2013) Effects of Raising Minimum Wage: Theory, Evidence and Future Challenges, Procedia Economics and Finance, Vol. 6, PP 96-102, ISSN 2212-5671, https://doi.org/10.1016/S2212-5671(13)00119-6. DOI: https://doi.org/10.1016/S2212-5671(13)00119-6

Schmitt, J. (2013). Why does the minimum wage have no discernible effect on employment? (Vol. 4). Washington, DC: Center for Economic and Policy Research.

World Bank (2017), World Development Report 2017: Governance and the Law, IBRD/World Bank, Washington DC. Available at <https://www.worldbank.org/en/publication/wdr2017> accessed 24 May 2023.

Weirs (2018), Global and Local Private Security Companies in Kenya: a balanced relationship? University of Glasgow, available at www.iiste.org/Journals/index.php/EJBM/article/viewFile/11758/12113.

Webb, S. (1912) The Economic Theory of Legal Minimum Wage, Journal of Political Economy Volume 20, Number 10 Dec., 1912, Article DOI https://doi.org/10.1086/252125, available at https://www.journals.uchicago.edu/doi/abs/10.1086/252125, accessed 3 October 2023. DOI: https://doi.org/10.1086/252125

Statutes

Kenya

Labour Institutions Act, No. 12 of 2007

Tanzania

Tanzania’s Employment and Labour Relations Act, No.6 of 2004

The Labour Institutions Wage Order, 2023, G.N. No. 687 of 2022.

The Labour Institutions Act CAP 300 R.E 2019.

The Public Procurement Regulations Act (Cap.410)

The Public Procurement (Amendment) Regulations, G.N. No.333 of 2016.

The Workers’ Compensation Act. Cap.263 R.E. 2015.

The Occupational Health and Safety Act No. 5 of 2003.

The National Social Security Fund Act Cap. 50 R.E. 2018.

The Income Tax Act No.11, 2004 RE 2018 Cap 332.

The Value Added Tax Act No. 5, 2014 Cap 147.

The Tanzania Revenue Authority Act No. 11, 1995 Cap 399.

The Tax Administration Act No. 10, 2015 Cap 438.

The Companies Act No. 12 of 2002 Cap 212.

Zanzibar

The Employment Act No.11 of 2005

New Minimum Wage for Workers in Private Sectors G.N. No.43 of 2023.

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Published

2024-08-20

How to Cite

Sambu, E. (2024). Regulating the private security industry in Tanzania: the effect of minimum wage order. International Journal of Research in Business and Social Science (2147- 4478), 13(5), 532–546. https://doi.org/10.20525/ijrbs.v13i5.3451

Issue

Section

Financial and Economic Studies