On the night of the incident‚ when the alarm was activated‚ Red Alert tried to contact one of the key holders‚ the manager Olifant Sijadu‚ but he did not answer because his mobile phone battery was dead.
Reaction officer Tony Rooi went to the butchery and reported that “as far as he can see” all was in order.
Sijadu was greeted by the “smell of smoke” at the butchery the next morning and could not open the office door. It was then discovered that burglars had come through the roof and‚ using angle grinders‚ had cut open two safes.
The security company denied liability after the burglary‚ relying on a clause in its contract to that effect‚ even when they had been negligent.
Judge Pickering said there were two contradictory clauses in the contract – one exempting Red Alert from any liability for loss of or damage to property‚ and the other exempting the company‚ except in the case of negligence on their behalf.
The judge ruled on May 24 that the blanket indemnity “cannot be sustained” and said the security firm was liable to pay damages – which are yet to be determined – and the costs of the lawsuit.
Butchery sues security firm for robbery – and wins
Image: STOCK IMAGE
A security company has been found liable to pay damages to a butchery it was guarding after burglars set off an alarm‚ broke open two safes and escaped with cash.
“Somewhat ironically‚ given the fact that the phrase ‘not a sausage’ is originally derived from the Cockney rhyming slang ‘sausages and mash’ meaning ‘cash’‚ they got away with not a sausage from the butchery but a great deal of cash‚” said Judge Jeremy Pickering in a judgment handed down in the Grahamstown High Court.
Inyama Rama Butchery‚ trading in Buffalo Street‚ East London‚ sued its security company Red Alert (Pty) Ltd after the burglary in April 2012.
Red Alert had a contract with the butchery to provide monitoring‚ reaction‚ reporting and maintenance security services at the premises.
The butchery was obliged to nominate two key holders who could be contacted in case of emergency or an alarm activation so the security firm’s reaction officer could gain access to the premises.
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On the night of the incident‚ when the alarm was activated‚ Red Alert tried to contact one of the key holders‚ the manager Olifant Sijadu‚ but he did not answer because his mobile phone battery was dead.
Reaction officer Tony Rooi went to the butchery and reported that “as far as he can see” all was in order.
Sijadu was greeted by the “smell of smoke” at the butchery the next morning and could not open the office door. It was then discovered that burglars had come through the roof and‚ using angle grinders‚ had cut open two safes.
The security company denied liability after the burglary‚ relying on a clause in its contract to that effect‚ even when they had been negligent.
Judge Pickering said there were two contradictory clauses in the contract – one exempting Red Alert from any liability for loss of or damage to property‚ and the other exempting the company‚ except in the case of negligence on their behalf.
The judge ruled on May 24 that the blanket indemnity “cannot be sustained” and said the security firm was liable to pay damages – which are yet to be determined – and the costs of the lawsuit.
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