G4S rejects Namdia's N$314m claim, offers N$4 200

Security firm G4S Secure Solutions Namibia told the High Court last week it would only accept liability of N$4 200 if found responsible for losses claimed by Namib Desert Diamonds (Namdia).

Namdia is suing the multinational company for N$314 million following last year’s multimillion-dollar diamond heist.

Namdia sued G4S about five months ago after 446 parcels of diamonds were stolen during the 18 January robbery at Namdia’s Windhoek headquarters.

Court filings dated 20 August show that Namdia and G4S entered a written agreement around May 2024. Under the contract, G4S was hired to provide 24-hour, seven-days-a-week remote monitoring and armed-response services for an initial 36-month period. The agreement included a 30-day termination clause.

Namdia's claim states that on 18 January, unidentified individuals unlawfully entered Namdia’s premises. In the wake of two fatalities during the robbery, 446 parcels of diamonds were stolen. The filing refers to the event as “the heist".

Namdia has accused G4S of breach of contract and negligence in performing its security obligations.

G4S denies culpability

The filing also alleges that a G4S employee, Samuel Shipanga, was complicit in the heist.

He has since been arrested and charged in connection with the incident. Namdia's own security officers Joel Angula and Charles Rhoman were also arrested and remain behind bars.

In a plea dated 20 February, G4S disputes Namdia’s claim, arguing that its contractual liability is strictly limited under the service agreements signed between the two parties.

 The company acknowledges some aspects of Namdia’s case but firmly disputes claims regarding service obligations, liability and the interpretation of contractual terms.

G4S and Namdia concluded two written G4S service agreements on or about 5 December 2023, for alarm monitoring and armed-response services at Namdia’s premises.

The 12-month contracts, effective from 14 December 2023, included provisions for renewal and termination by written notice.

Capped responsibility

The agreements set out that G4S would provide 24-hour alarm monitoring, verification and armed response services. The company says it continued delivering these services until May 2024, even though Namdia had not issued a formal termination.

Importantly, the agreements contained liability limitation clauses, stating that Namdia bore responsibility for insuring its property and that G4S’s liability for loss or damage was capped at three times the service charge, equivalent to N$4 200.

The contract excluded consequential damages or loss of profit unless a claim was submitted within two months of discovery.

G4S stresses that both parties recognised these clauses as governing their relationship.

It further argues that Namdia’s later signing of the “Namdia Contract” did not replace or override the earlier G4S agreements, but rather coexisted with them, with provisions clarifying which terms would prevail in case of conflict.

G4S asked the court to dismiss Namdia’s claims, or alternatively to limit any liability to N$4 200, in line with the contractual clauses, and to award its costs, including those for two instructed counsel.

Background

The Namdia diamond heist, one of Namibia’s most audacious and tragic robberies, took place in January at the Namdia headquarters in Windhoek. The heist resulted in the theft of large volumes of diamonds and left Namdia security executive Francis Eiseb and one of the suspects in the robbery, Max Endjala, dead.

In the aftermath, multiple arrests were made, including that of Angula, Rhoman and three family members, George Cloete, his wife Charmaine Cloete and his brother Bino Cloete, after authorities reportedly took note of their sudden and unexplained wealth, including daily purchases of houses and vehicles.

Only diamonds worth N$40.6 million had been recovered to date, with a significant portion of the stolen gems remaining unaccounted for.

Investigations revealed that some of the stolen diamonds were smuggled across the border into South Africa.

[email protected]