‘Defamed’ cash guard loses R2m lawsuit

A FORMER cash-in-transit security guard lost his R2 million lawsuit against G4S cash-in-transit service provider after he claimed the company labelled him a robber following a spate of robberies and attempted robberies.

Bongani Maliza turned to the high court in the Eastern Cape, Mthatha division, to claim damages against G4S and its regional director, Kevin Govender.

He said his good name was tainted during a conference call.

Maliza worked for the company at the time, which in 2018 experienced a sudden spate of robberies and attempted robberies involving its cashin-transit vehicle.

According to Maliza, Govender defamed him during the conference call, by saying “you are a robber and every staff member is afraid of you”.

Maliza had, meanwhile, left the company following a disciplinary hearing against him regarding gross misconduct in an unrelated matter.

Govender and the company had denied that Maliza was ever called a robber during the call.

According to Govender, he merely said that it had come to their attention via other employees that Maliza could possibly have been involved in robberies.

Govender said following the increased attacks on the cash-in-transit vehicles of the company in the area, and considering the nature of G4S's business, the information concerning Maliza was viewed in a serious light and required investigation.

Maliza testified that Govender, who chaired the conference call, stated that it had come to his attention that he (the plaintiff) was a robber and caused employees to be killed.

Judge Motilal Rugunanan remarked that during cross-examination, and as Maliza's testimony progressed, his evidence about what was said to him by Govender excluded the imputation that he was a robber, and morphed somewhat into an obscure assertion that Govender said that Maliza caused people to be killed.

Govender said shop stewards had raised concern that Maliza might be involved in the robberies.

Govender said he merely brought it to the attention of Maliza that concerns were raised by shop stewards that he and other individuals may possibly be involved. Govender said he mentioned this during the conference call, not to accuse Maliza of anything, but simply so that he was aware that these concerns were being investigated.

Govender said Maliza was in any event aware of the investigation, as he signed a document in which G4S's intelligence department stated that they were investigating allegations that Maliza could be involved in the robberies.

Maliza at first denied that he was ever present at any robbery involving G4S transit vehicles. He conceded however – after an incident in July 2018 at First National Bank Mthatha was put to him in court – that he was present as a G4S employee during that heist.

Judge Rugunanan commented that “this would undoubtedly have been a traumatic experience and it is improbable that he would have plainly forgotten about it”.

While the judge accepted the evidence of Govender as being true – that Maliza was never badmouthed during the conference call – the judge said the latter was a less impressive witness.

He subsequently dismissed his R2m claim.