Online Reporter
Fidelis Munyoro, Harare Bureau
BULAWAYO Mining Company (Pvt) Ltd, trading as How Mine, has won its legal claim against DDNS Security Operations (Pvt) Ltd, trading as Securico to pay $675 000 in damages for the loss of gold bullion during transit.
Justice Joseph Chilimbe dismissed Securico’s counter-claim for $54 617,18 and further directed the company to cover legal costs.
The court established that Securico, as a public carrier tasked with the secure transportation of 11,95kg of gold bullion, failed to adequately account for the loss of the consignment, which occurred during an armed robbery.
In his ruling, the judge rejected Securico’s argument that the robbery was an act of superior force (vis major) that would exempt the company from liability.
“The defendant failed to discharge the onus of proving the defence of vis major,” he ruled.
“The evidence presented did not support the assertion of an objective impossibility to perform its obligations under the contract.”
The robbery occurred on October 4, 2022, 11km from How Mine along Old Tuli Road.
Securico’s convoy was ambushed by armed robbers who blocked the road with a Toyota GD6 truck and overwhelmed the security team.
The court heard that 15 robbers, some armed with AK-47 rifles, seized the gold and fled.
How Mine’s chief security officer, Mr John Makoni, testified that Securico’s guards failed to resist the attack or use the available security equipment, such as communication devices, to alert authorities.
He described the guards’ response as “cowardly” and suggested collusion between Securico’s employees and the robbers.
Mr Makoni recounted his pursuit of the robbers, during which he deflated the tyres of one getaway vehicle and exchanged gunfire, though the gold was never recovered.
“The defendant’s personnel neither resisted nor pursued the robbers,” he said.
Securico’s crew commander, Mr Marko Mukazi, defended his team’s actions, stating they were overwhelmed by a superior force and acted to preserve their lives.
“We were ambushed. The robbers threatened to set the vehicle on fire if we did not co-operate,” Mr Mukazi said.
The court questioned why Securico’s lead vehicle fled the scene without returning or alerting authorities.
Justice Chilimbe noted: “The defendant’s security arrangements were inadequate, and the decision to use unarmoured vehicles in a high-risk operation contributed to the loss.”
Securico also alleged that How Mine’s employees may have leaked information about the bullion run, compromising security. However, the court dismissed this claim as speculative.
On the counter-claim for unpaid invoices, Justice Chilimbe found that Securico failed to prove the amount was payable exclusively in US dollars, as the contract allowed payment in local currency.
The judge concluded: “Both parties operated under an oral contract fraught with risks, but the defendant, as a public carrier, bore strict liability for the safe delivery of the gold. The plaintiff succeeds in its claim and is awarded the full amount with interest.”
Securico must pay $675 000 plus 5 percent annual interest from October 4, 2022, and cover How Mine’s legal costs.
Advocate Thabani Mpofu instructed by Scanlen and Holderness Legal Practitioners represented How Mine, while Mr Romeo Chatereza from Dube, Manikai and Hwacha law firm argued the matter for Securico.
