The exploitation of car guards in South Africa is a complex socioeconomic issue that sits at the intersection of "informal" labor and organized retail management. While shopping centers benefit from the "security theater" and genuine crime prevention these individuals provide, the legal and financial burden is placed entirely on the guard.
It is an irrefutable that the "standing fee" system essentially turns the car guard into a paying customer of their own workplace, a practice that violates several core principles of South African labor and constitutional law.
1. The Financial Inversion: A "Salary" in Reverse
A Grade-E security guard costs a company roughly R5,000 to R6,000 per month (based on PSIRA regulations and the National Minimum Wage). In contrast, a car guard provides the same—if not higher—levels of visibility for zero cost to the center.
The "Standing Fee" Scandal: Many car guards are forced to pay between R20 and R100 per day to a site manager or security agency just for the "right" to work a specific row of parking.
The Unpaid Laborer: Beyond security, centers use car guards as unpaid janitors (cleaning litter) and trolley porters. This is a direct extraction of value where the center reduces its operational costs by offloading "minimum wage" tasks onto people who aren't even being paid.
2. The Legal Breach: Most Important Laws Broken
When center owners or "bay managers" treat car guards as employees regarding their duties but as "independent contractors" regarding their pay, they frequently violate the following:
A. The National Minimum Wage Act (NMWA)
South African law is clear: if an individual is under the "control and direction" of a manager (i.e., told when to arrive, what to wear, and given tasks like trolley collection), they are legally presumed to be an employee.
The Violation: Failing to pay the national minimum wage (currently approximately R27.58 per hour) while exercising control over the guard’s time and duties.
B. The Basic Conditions of Employment Act (BCEA)
The BCEA regulates leave, sick pay, and working hours.
The Violation: Car guards often work 12-hour shifts without regulated breaks, overtime pay, or UIF (Unemployment Insurance Fund) contributions. Because they are not "on the books," they have no protection if they are injured on duty (violating COIDA—the Compensation for Occupational Injuries and Diseases Act).
C. PSIRA Act (Private Security Industry Regulation Act)
All car guards are legally required to be registered with the Private Security Industry Regulatory Authority (PSIRA).
The Violation: Many agencies and centers bypass PSIRA regulations to avoid the costs of training and registration. Conversely, some agencies use PSIRA as a "club" to extort fees from guards, taking a cut of their tips under the guise of "administration fees."
D. The "Standing Fee" and Section 34 of the BCEA
Section 34 of the BCEA prohibits an employer from making deductions from an employee's remuneration unless it is for a specific, legally allowed reason (like a court order or medical aid).
The Violation: Charging a "bay fee" is effectively a negative wage. It is a deduction from potential earnings that has no legal basis in South African labor law. It constitutes an illegal "renting" of a workplace.
3. Crime Prevention Value vs. Corporate Negligence
A car guard’s presence is a "hard target" deterrent. While a smartphone-distracted security guard provides a "soft target" environment, the car guard’s survival depends on being active.
| Feature | Grade-E Security Guard | Professional Car Guard |
| Visibility | Intermittent (often in guard houses). | High (98% of time at bays). |
| Incentive | Fixed salary regardless of effort. | Tipping-based (performance driven). |
| Cost to Center | ~R5,000+ per month. | Negative Cost (Center often takes money). |
| Additional Value | Minimal. | Cleaning, trolley collection, customer aid. |
4. The Path Forward: Recognizing Value
The exploitation continues because car guards are often marginalized individuals, many of whom are foreign nationals or desperate citizens who cannot risk complaining to the Department of Employment and Labour.
For the exploitation to stop, center owners must:
Abolish Standing Fees: If a center benefits from the security presence, the guard should not pay to be there.
Provide Basic Infrastructure: Proper uniforms (high-vis gear), access to water, and shaded rest areas.
Basic Retainers: Instead of a "standing fee," centers should pay a basic daily retainer to cover trolley collection and cleaning services, allowing the guard to keep 100% of their tips as a "performance bonus."
The Moral Reality: A car guard is often the first and last person a customer interacts with at a shopping center. Treating them as a "nuisance" or a source of revenue via bay fees is not only a bad business strategy—it is a violation of the Constitutional right to fair labor practices (Section 23).
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