High Court dismisses Tshwane's application against private firefighting companies

The High Court in Pretoria has rejected the city of Tshwane's application to stop private firefighting companies from operating in and around the metro.

The municipality approached the court seeking an order declaring that it is illegal for any private entity to provide firefighting services within its jurisdiction.

Tshwane maintains that such services are the sole responsibility of the local government.

The municipality’s application cited only two respondents: Fidelity Secure, which provides private firefighting services to its clients and the Sinoville Firefighting Association, a voluntary firefighting group that offers free services to surrounding areas.

In his ruling, Judge Norman Davis said there is currently no legislation in the country that regulates private firefighting services or expressly prohibits them.

Davis said extinguishing fires either by private individuals or companies is not an offence under the Fire Brigade Services Act.

He said what Fidelity and Sinoville are doing is similar to a person using a fire hydrant at theirhome to douse a blaze, while waiting for the municipality’s brigade for extra assistance.

“There can also be no doubt that, in an emergency and, in the absence of the CTMM's (City of Tshwane Metro Municipality) fire brigade, a person may use a fire hydrant in order to douse a fire to save lives or even property,” reads an excerpt from Davis' judgment.

“None of this should detract, however, from the fact that, once on the scene, the CTMM's (City of Tshwane Metro Municipality) fire brigade shall be entitled to exercise its powers and discharge the obligations provided for in section 8 of the Fire Brigade Services Act and that it is the only party with such powers.”