AD All CC t/a Millenium Bodyguards v Joinbach (Pty) Ltd (22464/2022) [2025] ZAGPPHC 143 (14 February 2025)

Parties

Procedural Posture

Exception Application / Exception to Amended Particulars of Claim

Legal Issues

1. 1 Whether the plaintiff's particulars of claim disclose a cause of action in light of statutory requirements for registration under the Private Security Industry Regulation Act.
2. 2 Whether an agreement to agree regarding remuneration in the renewed Service Level Agreement is enforceable.
3. 3 Whether the absence of an allegation of registration as a security service provider renders the claim excipiable.

Ratio Decidendi

The plaintiff failed to allege in its particulars of claim that it is a registered security service provider as required by the Private Security Industry Regulation Act, which is a statutory prerequisite for entitlement to remuneration for security services. The absence of this allegation renders the claim excipiable and fatally defective. Furthermore, the renewal clause in the Service Level Agreement constitutes an unenforceable agreement to agree, as it leaves the contract price subject to future negotiation without specifying a mechanism to resolve deadlock. The agreement is void for vagueness and uncertainty. Both grounds of exception are upheld, and the particulars of claim are...

Court Disposition

Exceptions upheld; particulars of claim struck out with leave to amend.

Orders

• The first and second exceptions are upheld and the plaintiff's amended particulars of claim dated 31 March 2022 is struck out.
• The plaintiff is afforded a period of 10 days from the date of this order within which to give notice of its intention to file an amended particulars of claim under Uniform Rule 28.