Metro files court application against private fire services providers
Some private fire services currently operating in the city have not obtained approval from the Gauteng MEC for Cooperative Governance and Traditional Affairs, as required by law.
The Tshwane metro has filed a court application to enforce compliance with legislation against private fire services allegedly operating within its jurisdiction without approval.
According to the metro, these entities are operating without legal authority, regulatory approval, or formal agreements with the municipality, and this contravenes national and local legislation governing emergency services.
Metro spokesperson Lindela Mashigo said this development presents serious safety, legal, and operational concerns that the city cannot ignore.
According to him, “the provision of fire services is a constitutional mandate reserved exclusively for municipalities, as set out in Schedule 4, Part B of the Constitution of the Republic of South Africa, 1996”.
He added that any decision to outsource such services must be made by the municipal council following a rigorous process that includes public consultation, as required by the Municipal Systems Act 32 of 2000.
“To date, the city has not adopted any resolution to outsource its fire services, nor has it entered into Service Level Agreements with any private providers,” Mashigo explained.
He added that the Fire Brigade Services Act 99 of 1987 also stipulates that any fire service operating outside a municipality must obtain formal designation from the relevant provincial authority.
“None of the private fire services currently operating in Tshwane, including Fire Ops SA, Fidelity Securefire (Pty) Ltd, Sinoville Firefighting Association (SBBV), and Laudium Disaster Management (LDM), have obtained such designation from the Gauteng MEC for COGTA, as required by law.”
He said these illegal operations present numerous challenges. “They interfere with the city’s command and control structures during emergency incidents, compromise incident scene management, and operate without public accountability,” he said.
“They draw water from municipal fire hydrants without authorisation, contributing to unaccounted water losses and violating city by-laws. They also issue ‘No Burn Permits’ in contravention of the city’s official procedures, creating confusion and undermining the authority of legitimate emergency services.”
He said beyond the legal infringements, these private services function on a for-profit basis, selectively targeting affluent suburbs and industrial areas, while ignoring the broader community needs, adding that the city has made multiple efforts to engage with these entities, but they remain non-compliant.
“Directives were issued, and engagements were referred to the appropriate disaster management authorities. When letters of demand were served, they were met with threats and resistance. Despite several attempts at resolution, no meaningful co-operation was achieved.”
As a result, Tshwane, in consultation with legal counsel and relevant stakeholders across all three spheres of government, applied to the Pretoria High Court in June 2024, seeking an order that these illegal fire services cease operations immediately and comply with all applicable legislation.
He stated, “The city views this court action as a necessary intervention to restore order, protect public safety, and ensure the proper regulation of emergency services.”
According to Mashigo, fire and rescue services must operate within a structured, lawful environment to avoid chaos and ensure accountability in life-threatening situations, and they will continue to oppose any unlawful operation that threatens public welfare.
“The city remains committed to enhancing safety, security, and emergency services for all residents.”
The founder of SBBV, Johan Botha, said they had applied for official recognition, which was denied. He refuted the claims that they operate illegally, saying that the Tshwane metro has issued a summons against SBBV, alleging that they are operating an illegal fire service for compensation.
“SBBV operates within the framework of existing legislation, and it is not illegal. SBBV is a volunteer organisation from the community, for the community. Not a single cent of SBBV’s income is spent on salaries or similar compensation,” said Botha.
Botha said they will continue to serve the Sinoville community and surrounding areas without interruption. “We will not engage in a media battle. Our legal team has formally entered an appearance, and the matter will be handled in court.
“SBBV is a community project, and our core principle is that our services are provided free of charge. However, no community project, especially one of the nature of SBBV, can function or be sustained without funding. Therefore, SBBV relies on the community for donations and fundraising, while the community relies on SBBV to assist in emergencies, which SBBV indeed does,” Botha explained.
He urged Tshwane Emergency Services to see organisations like the SBBV as allies who help save lives and protect property. “We are a registered non-profit and public benefit organisation, and our commitment remains clear: we serve to save.”
LDM said in a statement that they will be suspending all firefighting duties until further notice, as they have received notice from Tshwane that all private fire services must be suspended.
“LDM is not a private firefighting service but a non-profit organisation working under the city of Tshwane.”
The statement continued, saying that they are currently engaging with Tshwane to have this resolved, as they seem to have been included in a group of for-profit firefighting services.
LDM said it hoped that this matter would be resolved promptly so they can go back to assisting their community at no cost.
“Tshwane Emergency services can take anything up to 45 minutes to get to our suburb. During this time, LDM volunteers will secure the premises, assist residents to vacate the homes safely, and in some cases save the home from any further damage.”
The public is urged to report any suspected illegal fire service operations to the city’s emergency services department on the following numbers: 012 358 6300 / 6400 or emergency number 107 or by emailing emergencyservices@tshwane.gov.za.
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