Spar sued E1m: Guard denies humiliating customer

A former Matsapha Spar security guard has denied allegations of humiling a customer, leading to the shop being sued a sum of E1 million.

The denial came after the customer, Ncobile Tsabedze, had accused Alice 9ilakati who was employed as the security supervisor, of labeling her a thief in full view of the public. Tsabedze also accused 9ilakati, together with her subordinate, of undressing and harassing her after she was allegedly falsely accused of stealing a deodorant and soap from the shop.

According to Tsabedze, the shop security guards humiliated her despite the fact that she had tried to reason with them when she left the shop with her items in her bag.

It was Tsabedze’s claim that she tried to explain that she had purchased the items from hawkers at a textile firm, but the security guards insisted that she had stolen them from the shop.

Responsibility

In her evidence in chief, the security guard identified as Masina narrated that on the day of the incident, she saw Tsabedze entering the shop with her bag. After some time, Masina stated that Tsabedze left the shop. As per her responsibility, she told the court that she searched Tsabedze, only to find that she did not have a slip for the items.

“I asked her where she had gotten the items from and she responded that she purchased them from the hawker at a textile firm. I reTuested for the slips as proof because I strongly believed that Tsabedze had taken the items from the shop. I then called my supervisor before we suggested a body search on Tsabedze,´ she told the court. Masina submitted that they took Tsabedze to the search room where the body search was conducted. At the time, she submitted that they were with the manager, who, however, remained outside when she and Alice conducted the

The former security guard identified as Masina, who denied the allegations that they harassed a customer, resulting in Matsapha Spar being sued E1 million, having a conversation with the representatives of the shop and their lawyer after giving her evidence. body search, which lasted for less than five minutes.

It was Masina’s evidence that the manager gave Tsabedze two options, to pay for the items or leave them at the shop. The security guard told the court that Tsabedze elected to pay for the items before her release. During cross-examination, 9eli Ndzinisa, who is representing Tsabedze in the matter, asked Masina what gave her the impression that his client had stolen the items. Masina responded that this was informed by the fact that the shop sold the same products.

Kiosk

Ndzinisa wanted to know where exactly the items were placed in the shop. Masina informed the court that the items were placed on shelves at the kiosk. She further explained that customers were made to pay instantly however, there were instances where customers were given the items to pay at the other tills if they had more items to buy at the shop.

“Did you see Ncobile reTuesting for the items from the kiosk and failing to pay for them"´ Ndzinisa asked Masina. In response, Masina told the court that she never saw Tsabedze reTuesting for the items and failing to pay for them. Instead, she submitted that she only met the customer at the door.

Ndzinisa put it to Masina that big shops like Matsapha Spar ought to have advanced security measures such as CCT9 cameras. He also put it to Masina that as a trained security guard, she ought to have reTuested Tsabedze to lead her to where she claimed to have purchased the items, other than falsely accusing her and humiliating her in full view of the public.

Ndzinisa put it to Masina that she was not the principal investigator in the matter. He stated that Masina was just called because it was easy to get her to try and defend the shop from liability. He stated that Masina’s evidence was planned, just to have the shop escape liability after humiliating his client in full view of the public.

The lawyer further put it to Masina that the shop was very busy on the day in Tuestion, as many people, including the textile firm worker were paid. However, Masina denied having been coached, stating that she never had any discussion with the shop owners since she left in 2017. In re-examination, Masina maintained that they never undressed and harassed Tsabedze during the body search. She also denied claims that Tsabedze cried as a result of the humiliation.

The matter continues at the High Court.