A SECURITY services company in Harare has written to a school in Hatcliffe expressing disgruntlement over its refusal to pay for services provided and interviewing other service providers without telling it, contrary to the two parties’ contract.
The security company, Samasave Security, is not in dispute with Friendship High School’s decision to terminate the contract, but the manner in which it was done.
Paragraph 2 of the contract states that: “This agreement, together with the standard conditions of contract printed here, constitutes the whole contract between the parties and no variation or amendment hereof or addition hereto shall be valid unless reduced to writing and signed by the parties.”
All along, everything was not in dispute, particularly payment, but the tiff started around April last year when an administrator at the school was tasked with receiving payments and issuing receipts for use of the school’s facilities — grounds, halls and classrooms.
Anyone wanting to use the facilities was supposed to pay US$50, but along the way, the school head, Tayengwa Christophe Maponga, felt that funds were being misused and that the hirers were not being given receipts.
He then asked Samasave Security to be strict with receipts and at one time, the security discovered that the official had pocketed US$17 and not issued a receipt.
When Maponga was apprised of the issue, he was reportedly “softened” after a chat with the administrator (name supplied).
Following the tiff, payments to Samasave started being made in dribs and drabs.
The school allegedly resorted to paying half of the owed amounts.
Another spat occurred on October 13 last year when Samasave Security denied the administrator’s commuter omnibus access to the school premises saying it was not school property.
In October, the administrator’s husband sent an audio to one of the guards telling them that they had no right to deny his vehicle access to school premises.
The administrator stays in one of the classrooms at the school, a temporary arrangement that was made by the then head at the school (name supplied).
The arrangement was that she would stay in one of the classrooms for three months while she was looking for accommodation elsewhere, but she has clocked nearly two years staying at the school.
In an audio, her husband is heard boasting: “No one will remove me from here. I have a right to stay here to eternity. In fact, I’ll die staying here.”
More than a month after the incident, the school held interviews for a new service provider, but did not inform Samasave that it was terminating their contract.
In fact, neither the authorities nor the school development committee (SDC) were in possession of the contract.
They only got hold of the contract after getting a copy from Samasave’s lawyers.
Having won the tender to provide security at the school starting July 1, 2023, all along the security company was being paid in full until June last year.
Now, NewsDay understands Samasave is demanding payment for the June to December services which amounts to US$6 050.
But the school is arguing that it owes Samasave for November and December only.
The school is expected to hold an annual general meeting this term, but this paper understands that the SDC treasurer (name supplied) has left the country and is said to be working in Angola.
Maponga confirmed the dispute between the school and the service provider.
“Yes, there is an ongoing dispute. The service provider is refusing to be paid in ZiG,” he said.
“We pay service providers according to the currency we get.”
Asked if he heard gone through the contract and that it stated that payment was strictly in United States dollars, he quipped: “Wait, who told you about this case?”
Maponga refused to discuss the contents of the contract and, instead, referred NewsDay to the school’s lawyers, Makiya & Partners.
Contacted for comment, Makiya curtly responded: “It’s a closed chapter that one. We discussed and agreed on termination with their lawyers.”
Said SDC chairperson Justice Musanjeya: “Service provider is refusing to be paid in ZiG.”
He refused to comment on whether they had also paid their lawyer in the same currency.
Samasave co-director Kuchinei Saruchera declined to comment and referred NewsDay to his lawyer.
“Who told you about it?” he asked.
“Talk to my lawyer. I don’t have anything much to say.”
