South Africa Case Law

AD All CC t/a Millenium Bodyguards v Joinbach (Pty) Ltd (22464/2022)

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

Court

North Gauteng High Court, Pretoria

Case number

22464/2022

Judge

Nyathi

The High Court upheld exceptions to a security-services claim, finding the plaintiff failed to plead PSIRA registration and that the renewal clause was an unenforceable agreement to agree.

• Breach Of Contract
• Security Services Regulation
• Pleading Requirements
• Unenforceable Agreement To Agree
• Private Security Industry Regulation Act
• Striking Out Particulars

Government Printing Works v Public Service Association and Another (JA35/24)

Government Printing Works v Public Service Association and Another (JA35/24) [2024] ZALAC 63; [2025] 2 BLLR 112 (LAC); (2025) 46 ILJ 915 (LAC) (28 November 2024)

Court

Labour Appeal Court

Case number

JA35/24

Judges

Nkutha-Nkontwana JA, Sutherland AJA, Govindjee AJA

The Labour Appeal Court found that the Labour Court failed to exercise its judicial discretion properly by refusing condonation solely on the basis of an inadequate explanation for delay, without considering the prospects of success. The delay, while lengthy, was not egregious, and the explanation was reasonable for part of the period, with the remainder attributable to the appellant's legal representatives. The appellant's prospects of success were excellent, as employing the second respondent as a security officer would contravene statutory requirements. The interests of justice and fairnes…

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• Condonation
• Late Filing
• Employment Equity Act
• Private Security Industry Regulation Act
• Judicial Discretion
• Prospects Of Success

AD All CC t/a Millenium Bodyguards v Kapa Bokoni Trading and Projects 10 CC (A 58/2024)

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

Court

North Gauteng High Court, Pretoria

Case number

A 58/2024

Judges

Swanepoel, Van der Schyff

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 contra…

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• Private Security Industry Regulation Act
• Illegality Of Contract
• Unjust Enrichment
• Pari Delicto Rule
• Reinstatement Of Appeal

Sithole v Enlightened Security Force (Pty) Ltd and Another (J376/12)

Sithole v Enlightened Security Force (Pty) Ltd and Another (J376/12) [2016] ZALCJHB 389; (2017) 38 ILJ 1202 (LC) (11 October 2016)

Court

Labour Court Johannesburg

Case number

J376/12

Judge

Lagrange

The court found that while the respondents failed to comply with the reinstatement order and did not attempt to implement it, the existence of a purported settlement agreement created sufficient doubt as to whether their non-compliance was mala fide. The respondents' statutory defence under PSIRA was not substantiated, as they did not prove the applicant's conviction fell within the relevant schedule. The settlement agreement, though questionable and likely subject to challenge, was not set aside in these proceedings, and the court could not do so mero motu. As a result, the respondents were…

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• Contempt Of Court
• Arbitration Award Enforcement
• Settlement Agreement
• Reinstatement
• Private Security Industry Regulation Act

G4S Secure Solutions (SA) (Pty) Ltd v Commissioner Ruggiero NO and Others (C389/2011)

G4S Secure Solutions (SA) (Pty) Ltd v Commissioner Ruggiero NO and Others (C389/2011) [2014] ZALCCT 35 (10 July 2014)

Court

Labour Court Cape Town

Case number

C389/2011

Judge

R Lagrange

Labour Court review of a CCMA award involving non-disclosure of criminal convictions, condonation for late filings, and substituted relief in a dismissal dispute.

• Condonation Of Late Filing
• Misrepresentation
• Dishonesty In Employment
• Private Security Industry Regulation Act
• Unfair Dismissal
• Labour-law

Vericon Outsourcing (Pty) Ltd v Minister of Safety and Security and Another (59156/08)

Vericon Outsourcing (Pty) Ltd v Minister of Safety and Security and Another (59156/08) [2010] ZAGPPHC 30 (12 April 2010)

Court

North Gauteng High Court, Pretoria

Case number

59156/08

Judge

B.R. Southwood

The court found, on the facts presented and not seriously disputed, that the applicant's employees perform functions that amount to safeguarding property against theft and other criminal acts at client premises. Their activities, including controlling access, conducting searches, supervising security measures, and reporting to client security controllers, fall within the statutory definition of 'security services'. Accordingly, both the applicant and its employees are required to register as security service providers and comply with the Act and its Code of Conduct. The applicant failed to ma…

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• Private Security Industry Regulation Act
• Declaratory Relief
• Review Of Administrative Action
• Registration Requirements
• Exemption From Statutory Obligations

Bertie Van Zyl (Pty) Ltd and Another v Minister of Safety and Security and Others; Montina Boerdery v Minister of Safety and Security and Others (11806/2005)

Bertie Van Zyl (Pty) Ltd and Another v Minister of Safety and Security and Others; Montina Boerdery v Minister of Safety and Security and Others (11806/2005) [2008] ZAGPHC 290; 2008 (6) SA 562 (T) (29 August 2008)

Court

High Courts - Gauteng

Case number

11806/2005

Judge

K Satchwell

The court held that the private security statute does not reach ordinary employees doing incidental in-house security, but struck down overbroad parts of section 28.

• Private Security Industry Regulation Act
• Constitutional Invalidity
• Code Of Conduct
• Minimum Wages
• Employment Regulation
• Private-security-industry-regulation-act

Private Security Industry Regulatory Authority v Anglo Platinum Management Services Ltd (588/05)

Private Security Industry Regulatory Authority v Anglo Platinum Management Services Ltd (588/05) [2006] ZASCA 176; [2007] 1 All SA 154 (SCA) (29 September 2006)

Court

Supreme Court of Appeal

Case number

588/05

Judges

Cameron, Nugent, Ponnan, Maya, Theron

The SCA held that the Minister could grant indefinite exemptions under the Act, but could not later cut them down by regulation 10(3).

• Ministerial Exemption Powers
• Retrospective Regulation
• Private Security Industry Regulation Act
• Administrative Action
• Regulatory Powers
• Administrative-law

Private Security Industry Regulatory Authority and Another v Association of Independent Contractors and Another (127/2004)

Private Security Industry Regulatory Authority and Another v Association of Independent Contractors and Another (127/2004) [2005] ZASCA 32; [2007] 1 All SA 221 (SCA); 2005 (5) SA 416 (SCA) (31 March 2005)

Court

Supreme Court of Appeal

Case number

127/2004

Judges

Howie, Streicher, Mthiyane, Conradie, Lewis

The Supreme Court of Appeal held that the association and its executive officer were security service providers under the Act and had to register.

• Private Security Industry Regulation Act
• Statutory Interpretation
• Registration Requirements
• Independent Contractor Status
• Interdict
• Executive Control