Tshwane Loses Bid to Ban Private Fire Services in Metro

The Pretoria High Court has dismissed the City of Tshwane’s attempt to have private firefighting services declared illegal, dealing a setback to the metro’s push to restrict volunteer and commercial fire response in the capital.

The dispute has been building since at least mid-2024 when Tshwane filed an application in the Pretoria High Court seeking an order to compel what it called “illegal fire services” to “cease operations immediately”. The metro’s case was that firefighting is a municipal function, that it had not resolved to outsource fire services, and that private operators were acting “without legal authority, regulatory approval, or formal agreements with the municipality”.

AfriForum said this week that the court had dismissed the metro’s case with costs, after the organisation’s legal team assisted the Sinoville Firefighting Association (SFA).

The SFA is a private volunteer firefighting group with its own equipment and vehicles.

There are scores of similar associations across the country, particularly in rural areas, where state firefighting capacity is non-existent.

According to AfriForum, the court found that firefighting services offered by businesses to clients, and by volunteers affiliated with associations, are not prohibited by legislation, while cautioning that private services may not interfere with powers granted to the municipal fire brigade under the Fire Brigade Services Act.

“This watershed decision is in the interest of all South Africans. Where vital municipal services such as firefighting fall short, it is volunteers, private businesses, and community organisations that step up,” AfriForum disaster-management specialist Tarien Cooks said.

The Democratic Alliance in Tshwane welcomed the judgment and urged the metro not to appeal, saying it should co-operate with private and voluntary firefighters.