The High Court has ruled that security company DDNS Security Operations, trading as Securico, must pay How Mine US$675,000 in damages after losing nearly 12kg of gold bullion during an armed robbery on October 4, 2022.
The ruling, delivered by Justice Joseph Chilimbe on July 1, found Securico liable for the loss of 11.95kg of gold that was being transported from How Mine to Bulawayo. How Mine accused the security firm of gross negligence, including the use of unarmoured vehicles, inadequate communications equipment, and failing to provide competent guards.
In its defence, Securico argued the robbery was unforeseeable and amounted to vis major—an act of God or unavoidable event. However, Justice Chilimbe dismissed that claim, stating the company knowingly accepted the risk under inadequate security arrangements.
“Securico, as a public carrier, was strictly liable under the Praetor’s Edict to deliver the consignment intact,” the judge said. “It assumed the risk by accepting the commission despite clear security shortcomings, such as using soft-skinned vehicles and guards without panic buttons or airtime.”
The judge also criticised the firm’s failure to trigger alarms or call for backup, describing the response as bordering on negligence. He noted that while Securico had a policy of prioritising the preservation of life during armed encounters, such restraint did not excuse poor preparation.
“Where a carrier undertakes a high-risk operation and deliberately restricts its personnel from confronting attackers, it must also accept the elevated risk of loss, especially when its security measures are known to be lacking,” said Justice Chilimbe.
Ultimately, the court concluded that Securico failed to prove that the gold loss was due to an unforeseeable event and ordered the company to pay US$675,000 plus 5% interest from the date of the robbery until full payment is made.
Advocate Thabani Mpofu represented How Mine, while Romeo Chatereza appeared for Securico.