Staff Reporter
SECURITY company, G4S Namibia Pty Ltd, has said that it is only liable to pay a total amount of N$4 200 in damages claimed by state-owned enterprise Namib Desert Diamonds (Ltd) Pty (Namdia).
This is after Namdia sued G4S for negligence after its employee, Samuel Shipanga, a security guard, also stole during an armed response to a heist at Namdia’s premises which happened on 18 January 2025.
Namdia claims that G4S breached the written agreement by being grossly negligent in rendering its services and by failing to react and prevent the theft of the diamonds, despite being present at the premises at the relevant time, and thus demanded N$314 million, equivalent to the value of the 446 parcels of diamonds stolen during the heist.
The lawyer representing G4S, Charles Visser, has however repudiated this claim, stating that on or about 5 December 2023 in Windhoek, the parties concluded two written G4S Service Agreements (G4S Agreements), one operating downstairs and the other upstairs.
Visser said that in terms of these agreements, G4S was appointed to render certain alarm monitoring and response services to the plaintiff and that such services would be rendered for a period of 12 months and for as long thereafter until terminated upon one month’s written notice.
Visser said that it was incumbent upon Namdia to ensure that its premises and its contents were insured and, thereby, tacitly accepted that no liability would arise against G4S in the event of loss at its premises.
“In the event of any liability for any loss or damages suffered by the plaintiff as a result of the negligence or dishonesty of any employees or agents of the defendant, acting in the course and scope of their employment, the defendant’s liability would be limited to an amount equal to three times the service charge as quantified in clause 6.2 of the G4S Agreements,” Visser said.
He stressed that G4S was induced thereby to believe that the relationship between the parties would continue to be regulated by the G4S Agreements (inclusive of the limitation of liability clauses) and acted to its prejudice in executing the Namdia contract without making specific provision for these clauses.
He concluded that only in the event of any liability being established against G4S, the security company would, in terms of clause 6 of the G4S Agreements, be limited to paying an amount of N$4 200 in damages arising from the heist.
Photo: G4S Namibia
