Tshwane goes to court in bid to douse volunteer firefighting services

The Citizen

4 days ago

Tshwane moves to court, citing safety and legal concerns over volunteer firefighting and unauthorised use of city resources.
The City of Tshwane is accusing volunteer firefighting services of operating illegally, interfering with the city's command and control structures during emergency incidents and compromising incident scene management.
The city also put a stop to AfriForum's Neighbourhood Watch and cleaning operations.
City spokesperson Lindela Mashigo said the city has filed a court application to enforce compliance with legislation.
Tshwane accuses volunteer firefighting groups of illegal operations
'These entities are functioning without legal authority, regulatory approval or formal agreements with the municipality, in direct contravention of national and local legislation governing emergency services.
'This development presents serious safety, legal and operational concerns that the city cannot ignore,' he said.
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Mashigo said the city views this court action as necessary to restore order, protect public safety and ensure the regulation of emergency services.
'The provision of fire services is a constitutional mandate reserved exclusively for municipalities, as set out in Schedule 4, part B of the constitution of South Africa, 1996.
'Accordingly, any decision to outsource such services must be made by the municipal council following a rigorous process that includes public consultation, as required by the Municipal Systems Act (Act 32 of 2000).'
City has not adopted resolution to outsource its fire services
Mashigo said to date, the city has not adopted any resolution to outsource its fire services, nor has it entered into service level agreements with any private providers.
'Furthermore, the Fire Brigade Services Act (Act 99 of 1987) stipulates that any fire service operating outside a municipality must obtain a formal designation from the relevant provincial authority.
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'None of the private fire services operating in Tshwane, including Fire Ops SA, Fidelity Secure Fire, Sinoville Firefighting Association and Laudium Disaster Management, has obtained such designation from the Gauteng MEC for cooperative governance and traditional affairs, as required by law,' he said.
'Moreover, they draw water from municipal fire hydrants without authorisation, contributing to unaccounted water losses and violating city bylaws.
'Beyond the legal infringements, these private services function on a 'for-profit basis', selectively targeting affluent suburbs and industrial areas, while ignoring the broader community,' he said.
City made efforts to engage with entities
'They also issue no burn permits in contradiction of the city's official procedures, creating confusion and undermining the authority of legitimate emergency services.'
The city has made multiple efforts to engage with these entities.
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Directives were issued and engagements were referred to the appropriate disaster management authorities. However, these services remained noncompliant, he said.
'When letters of demand were served, they were met with threats and resistance. Despite several attempts at resolution, no cooperation was achieved.'
The Sinoville Firefighting Association (SBBV) hit back and said they will continue to save lives and serve the community, despite the court application.
SBBV hit back
SBBV founder Johan Botha said the SBBV operates within the law and was not illegal.
'The SBBV is a volunteer organisation from the community, for the community. Not a single cent of SBBV's income is spent on salaries,' he added.
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Botha said SBBV has applied for official recognition, which was denied.
'It is time Tshwane emergency services recognises that organisations such as the SBBV are their allies.'