✔️ Legal & Regulatory References
1. Informal “standing fee” by guards is legally questionable
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National law: Under the Basic Conditions of Employment Act 75 of 1997 (BCEA), Section 34 prohibits deductions from remuneration unless the employee in writing agrees or the deduction is permitted by law, collective agreement, court order or arbitration award. Law Library+1
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For example:
“An employer may not make any deduction from an employee’s remuneration unless … the employee in writing agrees … or the deduction is required or permitted in terms of a law, collective agreement, court order or arbitration award.” SAFLII+1
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This means: if a guard is required by his employer to pay a “daily standing fee” as a condition of work, it may amount to an unlawful deduction or a “pay-to-work” scheme, which conflicts with Section 34.
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Municipal/By-law basis: If parking attendants are regulated by municipal by-laws which require registration, ID, conduct rules (see Statement 2 below), then an arrangement outside these may be unlawful.
2. Ekurhuleni’s Police Services By-Laws & parking-attendants/car-watchers regulation
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The Police Services By‑Laws of Ekurhuleni Metropolitan Municipality (Council Resolution PS 33/2002 as amended A-CP(01-2016)) regulate parking attendants and car-watcher services. Ekurhuleni+2Ekurhuleni+2
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Example provisions:
“No parking attendant or car watcher may … demand a donation or fee for guarding a driver’s vehicle.” Ekurhuleni+1
The by-law states organisations deploying parking attendants must keep attendance records, screen attendants, supply uniforms and ID cards. Ekurhuleni
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Thus, the municipal law explicitly prohibits a car-watcher from demanding a fee and requires registration and conduct protocols.
3. Johannesburg has multiple parking / public-roads / parking-grounds by-laws
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The Parking Grounds By‑laws, 2003 (City of Johannesburg) regulate parking grounds, parking bays, services on public roads. SAFLII
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The Public Roads By‑law, 2024 (City of Johannesburg) defines terms such as “parking area”, “parking bay”, “parking manager”, “parking marshal” (who may operate on public roads). Open By-Laws
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These by-laws show the city regulates services on public roads (including parking services by “parking marshals”).
4. PSIRA regulates private security, and car-guarding may fall under this oversight
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The Private Security Industry Regulation Act 56 of 2001 (PSIRA Act) provides for regulation of the private security industry. Government of South Africa
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If a car-guard performs a security service (guarding vehicles) as part of a scheme, this may fall within PSIRA’s definition of “security service provider.”
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Research and media note that the daily “standing fee” model is widespread and questioned as being exploitative. IOL+1
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Thus: There is a regulatory basis for the view that informal car-guard schemes may be operating outside legal compliance with PSIRA registration/oversight.
5. Labour law implications if guard is effectively an employee
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As noted above, Section 34 of the BCEA prohibits employer-imposed deductions without employee consent. SAFLII+1
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If a guard is treated as an employee (rather than independent contractor), and must pay to work or pay daily “standing fees,” this could amount to unlawful deduction or exploitative employment practice (contrary to labour law).
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The BCEA also sets rules for minimum conditions of employment. Thus, many aspects of “day-to-work pay model” may contravene labour protections.
6. If independent contractor, need clear contract / risk allocation
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While the BCEA primarily deals with employees, case law and labour policy note the difference between employee and contractor. If a guard is truly an independent contractor, the arrangement must reflect a commercial contract, risk allocation, services for reward, etc.
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However, typical informal “pay to work” models (tip only, no contract) may misclassify the worker and expose the operator to labour-law, contract-law and regulatory risk (PSIRA/municipal).
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Because municipal by-laws like Ekurhuleni’s require registration of attendants and set conduct requirements, the absence of formal contract/registration is a red flag.
๐งพ Additional specific by-law provisions you can cite
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Ekurhuleni Police Services By-laws (Annexure Code of Conduct for Parking Attendants & Car Watchers)
“No parking attendant or car watcher may … demand a donation or fee for guarding a driver’s vehicle.” Ekurhuleni
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BCEA Section 34 – Deductions from employees’ remuneration
“An employer may not make any deduction from an employee’s remuneration unless … the employee in writing agrees … or the deduction is required or permitted in terms of a law …” Department of Labour
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PSIRA Act 56 of 2001
“The object of this Act is to provide for the regulation of the private security industry … and to provide for matters connected therewith.” Government of South Africa
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City of Johannesburg Parking Grounds By-laws, 2003
Section 1 definitions include “parking ground”, “parking bay”, “pay and display parking ground” etc. SAFLII
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City of Johannesburg Public Roads By-law, 2024
Definition section: “parking marshals” means persons appointed by Council or service providers to render parking services in a parking bay. Open By-Laws
๐ Summary of how the laws map to your six statements
| Statement | Supporting legal/regulatory provisions |
|---|---|
| 1. The “standing fee” model is informal/exploitative and not positively authorised | BCEA Sec 34 (unlawful deductions) + municipal by-laws prohibiting attendants demanding fees (Ekurhuleni) |
| 2. Ekurhuleni’s by-laws contain explicit rules for parking attendants/car watchers | Ekurhuleni Police Services By-laws Sections & Annexure (registration, conduct, no fee demand) |
| 3. Johannesburg has by-laws regulating parking services on public roads | Johannesburg Parking Grounds By-laws, Public Roads By-law define parking services, marshals etc |
| 4. PSIRA regulates private security, car-guarding may fall under it, and research criticises the fee model | PSIRA Act 56 of 2001 + media/reports of exploitative model (IOL article) |
| 5. If guard is employee labour law forbids “pay to work” or unlawful deductions | BCEA Section 34 prohibits deductions; general labour law principle that employment must reward rather than charge the worker |
| 6. If contractor, need written commercial contract etc | Lack of written contract/arrangement means classification risk; supported by general labour law doctrine though less explicitly in one statute |
๐งญ What you can do with this info
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Use the specific by-law sections and national legislation to challenge the standing fee model (via complaint to metro police/by-law enforcement or labour inspectorate).
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When you ask to see a contract, registration or PSIRA number, you are relying on the legal requirement for registration under municipal by-laws (see Ekurhuleni) and PSIRA regulation.
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When you request receipts for fees paid, you’re invoking the municipal by-law prohibition on attendants demanding fees and labour deduction rules.
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When you collect evidence, you strengthen a potential complaint under the BCEA (if employment relationship) or municipal by-laws (if parking attendant regulation).
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Community action and collective complaints are reinforced because statutes and by-laws impose duties on the organisation deploying attendants (Ekurhuleni by-laws place obligations on the organisation). Ekurhuleni