AD All CC t/a Millenium Bodyguards v Kapa Bokoni Trading and Projects 10 CC (A 58/2024) [2024] ZAGPPHC 803 (13 August 2024)

AD All CC t/a Millenium Bodyguards v Kapa Bokoni Trading and Projects 10 CC (A 58/2024) [2024] ZAGPPHC 803 (13 August 2024)

The appellant rendered security services for remuneration without being registered as a security service provider, in direct contravention of section 20(1)(a) of the Private Security Industry Regulation Act. Section 20(3) explicitly invalidates any contract inconsistent with this requirement, and section 38(3) makes such conduct an offence. The argument that control by registered persons or entities suffices is rejected; the entity rendering the service must itself be registered. The agreement between the parties is both invalid and illegal. The appellant cannot claim payment under the contract nor retain payments already received, as the law does not permit enforcement or preservation of...

Citation
[2024] ZAGPPHC 803
Parties
Appellant: AD All CC t/a Millenium Bodyguards; Respondent: Kapa Bokoni Trading and Projects 10 CC
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
13 August 2024
Case Number
A 58/2024
Procedural Posture
Civil Appeal / Appeal From Regional Magistrate's Court; Application for Reinstatement of Lapsed Appeal
Outcome
Appeal dismissed with costs; application for reinstatement of appeal granted.
Judges
Swanepoel, Van der Schyff
Legal Topics
Private Security Industry Regulation Act, Illegality of Contract, Unjust Enrichment, Pari Delicto Rule, Reinstatement of Appeal
Commercial and Corporate Civil Procedure Private Security Industry Regulation Act Illegality of Contract Unjust Enrichment Pari Delicto Rule Reinstatement of Appeal

Case Brief

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Parties

AD All CC t/a Millenium Bodyguards

Appellant

Kapa Bokoni Trading and Projects 10 CC

Respondent

Procedural Posture

Civil Appeal / Appeal From Regional Magistrate's Court; Application for Reinstatement of Lapsed Appeal

Legal Issues

  1. 1 Whether the appellant was required to be registered as a security service provider under the Private Security Industry Regulation Act to render services for remuneration.
  2. 2 Whether the agreement between the parties was invalid and illegal due to non-registration under the Act.
  3. 3 Whether the appellant is entitled to retain payments received or claim further payment under an invalid and illegal contract.

Ratio Decidendi

The appellant rendered security services for remuneration without being registered as a security service provider, in direct contravention of section 20(1)(a) of the Private Security Industry Regulation Act. Section 20(3) explicitly invalidates any contract inconsistent with this requirement, and section 38(3) makes such conduct an offence. The argument that control by registered persons or entities suffices is rejected; the entity rendering the service must itself be registered. The agreement between the parties is both invalid and illegal. The appellant cannot claim payment under the contract nor retain payments already received, as the law does not permit enforcement or preservation of...

Court Disposition

Appeal dismissed with costs; application for reinstatement of appeal granted.

Orders

  • The application for the reinstatement of the appeal is granted.
  • The appeal is dismissed with costs.