Osman Tyres and Spares CC and Another v ADT Security (Pty) Ltd

Osman Tyres and Spares CC concluded a written security services agreement with ADT Security (Pty) Ltd in February 2005 for monitoring and armed response services at its Rustenburg premises. A burglary occurred at the premises, allegedly due to ADT’s failure to respond timeously and adequately to an alarm activation. The CC claimed contractual damages for losses suffered as a result of the burglary. Mr Shiraz Mohammed Osman, the sole member of the CC, also claimed delictual damages in his personal capacity for emotional shock and psychological harm. ADT relied on exclusionary clauses in the contract and applied for absolution from the instance at the close of the plaintiffs’ case, which the High Court granted.

The appeal was dismissed with costs, jointly and severally payable by the appellants.

The case clarifies the application of exclusionary clauses in security service contracts, confirms that such clauses can validly exclude liability for ordinary negligence (subject to statute), and reiterates the correct test for absolution from the instance. It also underscores the importance of proper pleading, evidence, and clarity when separating issues under Rule 33(4).