CCT40/13

[2014] ZACC 4

2014 (5) BCLR 511 (CC)

2014 (3) SA 394 (CC)

Van der Westhuizen J

6 November 2013

20 March 2014

http://hdl.handle.net/20.500.12144/3725

Application for leave to appeal against a judgment and order of the SCA: Imvula Quality Protection (Pty) Ltd v Loureiro and Others (130/12) [2013] ZASCA 12; 2013 (3) SA 407 (SCA); [2013] 2 All SA 659 (SCA) (15 March 2013). The case was first heard in the Johannesburg High Court: Loureiro and Others v Imvula Quality Protection (Pty) Ltd (09/15228) [2011] ZAGPJHC 140 (30 September 2011).

Constitutional issue – wrongfulness – role of private security industry Contract for guarding services – breach of contract – express prohibition – strict liability – liability of security companies 2 Delict – wrongfulness – negligence – vicarious liability of security companies. Application for leave to appeal against a judgment and order of the Supreme Court of Appeal. The case concerned the liability of a private security company for the conduct of its employee, who granted robbers, masquerading as police officers, access to a property. The South Gauteng High Court, Johannesburg held the private security company liable under the law of contract and delict. On appeal a majority of the Supreme Court of Appeal overturned the High Court’s decision, finding that there was no breach of contract and that the company was not delictually liable. The Court held the private security company liable in contract for having contravened a strict term of the contract, which was not qualified by a reasonableness standard. The Court also held the company vicariously liable in delict. The company’s employee acted both wrongfully and negligently. The Court granted leave to appeal and upheld the appeal. Judgment: Van der Westhuizen J (unanimous).