Loureiro and Others v iMvula Quality Protection (Pty) Ltd

The Loureiro family contracted iMvula Quality Protection (Pty) Ltd to provide 24-hour armed guarding services at their Johannesburg home. After concerns about unauthorised access, Mr Loureiro expressly prohibited guards from using a pedestrian gate key for any purpose other than shift changes and required prior authorisation before admitting anyone. In January 2009, robbers disguised as police officers arrived at the property. The on-duty guard, Mr Mahlangu, opened the pedestrian gate without authorisation, allowing the robbers access to the home, where they held the family and staff hostage and stole goods worth over R11 million. Mr Loureiro sued iMvula in contract, while Mrs Loureiro and the children sued in delict. The High Court found iMvula liable in contract and delict. The Supreme Court of Appeal reversed this decision. The matter came before the Constitutional Court on appeal.

The appeal was upheld. The order of the Supreme Court of Appeal was set aside and replaced with an order declaring iMvula liable in contract to the first applicant and liable in delict to the second, third and fourth applicants for damages to be proved. iMvula was ordered to pay costs in all courts.

The case is significant for clarifying the contractual and delictual liability of private security companies in South Africa. It affirms that express contractual prohibitions can impose strict liability and that private security providers bear a heightened responsibility due to their role in safeguarding constitutional rights. The judgment strengthens accountability in the private security industry and integrates constitutional values into private-law disputes.