High Court ruling confirms legality of private firefighting services in South Africa
A firefighter battling a wildfire in Cape Town. The Gauteng High Court has ruled that private companies can provide firefighting services.
Image: Armand Hough Independent Newspapers
The Gauteng Division of the High Court has ruled private companies can lawfully provide firefighting services to clients.
It was dealing with a case between Fidelity SecureFire and City of Tshwane Metropolitan Municipality Emergency Services Department and others.
The court found that Fidelity SecureFire may lawfully provide private firefighting services across South Africa, dismissing an application by the City of Tshwane, with costs, including the costs of two counsel. The municipality had attempted to interdict Fidelity SecureFire from providing firefighting services.
The court said that the Fire Brigade Services Act 99 of 1987 does not prohibit private companies from rendering firefighting services to contracted clients. Fidelity SecureFire’s operating model is legally sound, and it may operate anywhere in the country, subject to contractual arrangements.
The judgment held that private firefighting services to contracted clients are lawful; the company does not operate as a municipal fire brigade; and there is no requirement to register as a designated service under section 4 of the Act.
Fidelity Services Group CEO Wahl Bartmann said the ruling brought “long-overdue legal certainty”. “Fidelity SecureFire exists to protect lives, assets, and critical infrastructure for clients who choose additional layers of protection,” he said.
“The court has confirmed that this can be done lawfully, responsibly, and nationally within the framework of South African law.”
Bartmann said the company remained open to co-operation with public authorities. “In a country like South Africa, where resources are often stretched, help and capability should be accepted with open arms. Public safety is not a competition; it is a shared responsibility,” he said.
Between January 1 and November 1, 2025, Fidelity SecureFire responded to 1,117 fire-related incidents, arriving first on scene in 75.9% of cases. It said these interventions saved lives, preserved business continuity, and prevented escalation of fires.
The company operates a tiered national response model with 600 first responder units, 34 second responder units, and 34 third responder units including fire engines and water tankers.