By Charmaine Ndlela
The Gauteng High Court in Pretoria, presided over by Judge Norman Davis, has ruled that private companies and voluntary associations are permitted to provide firefighting services within the City of Tshwane.
In a judgment delivered on Wednesday, the court dismissed the City of Tshwane Metropolitan Municipality’s (CTMM) application with costs.
The Metro had approached the court in mid-2024 seeking to have private firefighting services declared illegal, arguing that only its official fire brigade was authorised to operate within its jurisdiction. It cited concerns around public safety and the absence of regulation.
However, the court found that legislation does not prohibit the rendering of firefighting services by private businesses to their clients, or by volunteers affiliated with recognised associations.
Judge Davis ruled that the combating of fires by private individuals in emergencies, or actions taken to prevent the spread of veldfires, do not constitute offences under the Fire Services Act.
The court cautioned, however, that private firefighting services may not interfere with the statutory powers of municipal fire brigades.
In its court papers, CTMM acknowledged that it already allows private firefighting services to operate, provided they restrict their activities to their own premises.
The Democratic Alliance (DA) said this limitation was unreasonable and welcomed the court’s ruling.
DA Tshwane mayoral candidate Cilliers Brink called on the Metro not to appeal the judgment.
“We call on Tshwane not to waste further taxpayers’ money by appealing the judgment, and instead to cooperate with private and voluntary fire services,” Brink said.
Speaking to Inside Metros, Brink added that the DA would consider amending Tshwane’s firefighting by-law to allow for local regulation in the absence of national guidelines.
“I have already met with various stakeholders on the issue of proper regulation, and it is clear to me that private and voluntary firefighters would gladly submit to regulation instead of the outright ban preferred by Tshwane,” he said.
“In the meantime, the court judgment gives much-needed clarity on the interpretation of the legislation.”
The ruling was also welcomed by AfriForum, whose legal team assisted the Sinoville Firefighting Association (SFA) in the matter.
“This watershed decision is in the interest of all South Africans. Where vital municipal services such as firefighting fall short, it is volunteers, private businesses and community organisations that step up,” said Tarien Cooks, AfriForum’s disaster management specialist.
AfriForum said it would soon write to the Metro requesting that all previous communications discouraging municipal fire brigades from cooperating with organisations such as the SFA be withdrawn.
“Instead of working against each other, we should join hands to foster an effective and productive collaborative relationship in the interests of residents,” Cooks said.
INSIDE METROS