MBABANE – A security firm, whose contract was terminated by the then NDRMA after rice was stolen in its warehouse, has lost its challenge against the termination of its services.
The High Court ruled against Reactive Force Security Services (Pty) Ltd after the company went to court when the National Disaster Management Agency (NDMA), now known as the National Disaster Risk Management Authority (NDRMA), terminated a security services contract following the theft of rice in the warehouse in Matsapha.
Judge Khontaphi Manzini granted absolution from the instance in favour of the NDRMA. Absolution from the instance basically states that ‘based on the evidence presented so far, there is not enough evidence for a reasonable court to find in favour of the plaintiff’.
In the High Court, Reactive Force Security Services sought to hold NDRMA liable following the termination of a service agreement between the parties.
The court was dealing with the application for absolution from the instance brought by NDRMA at the close of the security company’s case in terms of Rule 39(6) of the High Court Rules. The rule allows a defendant to apply for absolution after the plaintiff has presented its evidence.
NDRMA argued that Reactive Force Security Services had failed to place sufficient evidence before the court to establish a case requiring the defendant to present a defence.
In considering the application, the court referred to established legal principles governing absolution from the instance. The judgment noted that the test is whether there is evidence upon which a court, applying its mind reasonably, could or might find for the plaintiff.
The dispute arose from a service agreement, under which Reactive Force Security Services provided security services to NDRMA facilities.
Evidence before the court showed that on September 23, 2022, a theft was reported at the NDRMA warehouse in Matsapha. Two 30-kilogrammes bags of rice belonging to NDRMA were stolen.
During the plaintiff’s case, the director of Reactive Force Security Services testified as the sole witness.
The witness acknowledged that reports concerning the theft had been prepared and submitted to NDRMA management.
One report dated September 19, 2022 detailed an earlier incident involving bags of rice that had been found outside the warehouse fence. The report recommended that an additional security officer be deployed at the Matsapha depot because of the level of activity at the facility.
Another report dated September 23, 2022 addressed the theft of two bags of rice discovered missing from the warehouse. According to the report, investigations revealed that security cameras had been moved and that the warehouse door could not be properly secured.
The report urged NDRMA to repair the warehouse door to reduce the risk of similar incidents occurring in future.
The judgment states that during cross-examination, the security firm’s witness admitted that some of the security personnel deployed by Reactive Force Security Services had been implicated in the theft.
The witness further accepted the contents of a police report prepared by the Royal Eswatini Police Service. The police report confirmed that after investigations, two security guards who had been on duty at the NDRMA warehouse were arrested in connection with the theft.
The guards were identified as Sikhumbuzo Kenny Mmema and Malibongwe Mabelesa.
According to the police report, the stolen rice was recovered and the two individuals were convicted and sentenced to a fine of E2 000 or one year’s imprisonment. The matter was finalised before the Matsapha Circuit Court on September 26, 2022.
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