Delta Blue Security, a reputable private security company operating for over 17 years, has secured a significant legal victory against the minister and the national commissioner of police.
The Pretoria High Court on Thursday granted urgent relief to the company following weeks of alleged unconstitutional conduct by members of the South African Police Service (SAPS).
The court order, described as a “firm judicial rebuke” to SAPS, compels the police to return over 200 firearms unlawfully seized from Delta Blue Security’s premises in Krugersdorp.
Additionally, confiscated vehicles must be released, and SAPS is required to provide reasonable notice and schedules for future inspections, which may only be conducted in the presence of the company’s representatives and legal counsel.
Unlawful conduct by SAPS
Phosa Loots Inc., the attorneys representing Delta Blue Security, issued a media statement confirming the court’s decision.
“The judgment confirms that law enforcement cannot bypass due process or act as a law unto itself,” the statement reads.
The legal team emphasised that the ruling vindicates the client’s rights and sends a clear message about the importance of constitutional compliance.
The court order follows weeks of alleged unlawful conduct by SAPS, including warrantless raids, the confiscation of firearms, unlawful arrests, physical assaults on employees, and repeated interference with Delta Blue Security’s lawful operations.
The company has expressed deep concern over these actions, which it claims undermined its ability to fulfil a standing high court directive to secure a mining site.
Delta Blue Security has also raised alarm over the apparent misuse of SAPS to settle private commercial disputes in the mining sector.
Vow to resist seizures
“Our client remains deeply concerned at the assault of its employees by SAPS members, now subject to IPID [Independent Police Investigative Directorate] investigations, and the interference with a standing high court directive obliging our client to secure a mining site,” reads the statement from Phosa Loots Inc.
The security company has reiterated its commitment to lawful cooperation with legitimate investigations and oversight by the courts, the IPID, and the Private Security Industry Regulatory Authority.
However, it has vowed to resist unlawful seizures, defamatory allegations, and harassment that threaten its operations and employees.
Phosa Loots Inc. highlighted the importance of accountability in the wake of the court’s decision.
“While the order represents a significant step toward accountability, our client remains deeply concerned at the apparent misuse of SAPS to settle private commercial disputes in the mining sector,” the statement said.
Company urges for factual reporting
Delta Blue Security has also urged the media and the public to approach SAPS’s claims with caution.
“Trial by media has no place in a constitutional democracy,” the statement reads, emphasising the need for due process and factual reporting.
“The judgment confirms that law enforcement cannot bypass due process or act as a law unto itself,” the attorneys stated.
They further described the ruling as a vindication of Delta Blue Security’s rights and a rebuke to SAPS’s alleged unconstitutional conduct.
Delta Blue Security has maintained that it is a fully licensed, accredited, and reputable security provider.
The company has dismissed allegations of impropriety or criminality as “false, defamatory, and without legal foundation.”
