Online Reporter
Michelle Musandinyoze, [email protected]
HAMILTON High School in Bulawayo has been ordered by the court to pay a local security firm US$12 800 in damages after unlawfully terminating a 12-month security services contract barely two months into its term.
The ruling was handed down by Bulawayo magistrate Ms Vimbai Chirayi, who granted default judgment in favour of Vanguard Security after the school failed to respond to court summons challenging the contract’s termination.
Court records show that Hamilton High School and its School Development Committee (SDC) were cited as defendants in the matter. However, the school did not file a response to the claim, prompting the court to rule in Vanguard Security’s favour.
“Default judgment is granted against the second respondent (Hamilton High School),” ruled Ms Chirayi.
According to court papers, the dispute arose after Hamilton High School abruptly terminated the contract with Vanguard Security citing alleged non-compliance with procurement procedures. The school issued a termination notice dated April 25 last year, which was served on Vanguard on May 7, stating that the contract would end on May 31.
The school argued that the hiring of Vanguard Security had not followed correct procedures, a claim the security company disputed.
Vanguard Security loss control officer Mr John Kamanga told the court that the company immediately sought clarification from the school on which specific procedures had allegedly been breached, but received no response.
“Despite our written requests for clarity, the school failed to engage us,” said Mr Kamanga in submissions before the court.
He said Vanguard later issued a second letter warning the school of its intention to pursue legal action should the matter remain unresolved, but again received no response, leaving the company with no option but to approach the courts.
Vanguard Security argued that the premature termination caused significant financial losses, including expenses incurred in training deployed guards and procuring security equipment specifically for the Hamilton High School contract. The company also claimed reputational damage, which adversely affected its prospects of securing future business.
In her ruling, Ms Chirayi ordered Hamilton High School to pay US$8 000 as compensation for unlawful termination of the contract as well as US$4 800 for loss of revenue covering the remaining 10 months of the agreement, calculated at US$480 per month.
