Property owners are legally responsible for shopping complex security - lawyer

The Midday Report has received complaints from tenants at a Joburg shopping mall who claim that they have been robbed numerous times.

This has sparked questions around whose responsibility it is to provide security at shopping centres.

Ray White spoke to Mark Leathers, Partner and Attorney at Mc Naught & Company.

Leathers says while a tenant is responsible for the security of their own shop, the onus lies on the property owner to provide general security around the building, depending on the agreement.

With regards to the common areas, the walkways, parking area - that is going to depend on the terms of the lease agreement and also the monetary turnover of the tenant.

Mark Leathers, Partner and Attorney at Mc Naught & Company

Generally, the answer is going to be that the owner has to provide a safe environment and this requirement stems from sections 48 onward of the Consumer Protection Act.

Mark Leathers, Partner and Attorney at Mc Naught & Company

Leathers says there is no legal definition as to what is required to ensure security, but the property owner needs to take steps that are objectively fair and reasonable to keep the property safe for tenants and customers.

He says tenants under the Consumer Protection Act can opt out of the lease without penalty and refer non-compliance to the Consumer Commission.

A Landlord merely saying it's not my problem - I am not concerned - is definitely not acting in the best of faith towards the tenant.

Mark Leathers, Partner and Attorney at Mc Naught & Company

Click on the link below to listen to the full audio....


This article first appeared on 702 : Property owners are legally responsible for shopping complex security - lawyer


Recommended

by NEWSROOM AI

CapeTalk welcomes all comments that are constructive, contribute to discussions in a meaningful manner and take stories forward.

However, we will NOT condone the following:

  • Racism (including offensive comments based on ethnicity and nationality)
  • Sexism
  • Homophobia
  • Religious intolerance
  • Cyber bullying
  • Hate speech
  • Derogatory language
  • Comments inciting violence.

We ask that your comments remain relevant to the articles they appear on and do not include general banter or conversation as this dilutes the effectiveness of the comments section.

We strive to make the CapeTalk community a safe and welcoming space for all.

CapeTalk reserves the right to: 1) remove any comments that do not follow the above guidelines; and, 2) ban users who repeatedly infringe the rules.

Should you find any comments upsetting or offensive you can also flag them and we will assess it against our guidelines.

CapeTalk is constantly reviewing its comments policy in order to create an environment conducive to constructive conversations.

Read More
Wits Nehawu members down tools over salaries

Wits Nehawu members down tools over salaries

Nehawu Wits acting secretary Tumisho Madihlaba says negotiations with management deadlocked resulting in a strike.

'Husband-proof' grocery list goes viral, could save your relationship!

'Husband-proof' grocery list goes viral, could save your relationship!

Indian woman creates a shopping list with each item alongside a small drawing of a vegetable, including meticulous bullet points.

5 reasons why online shopping is going hybrid (online and in the ‘real world’)

5 reasons why online shopping is going hybrid (online and in the ‘real world’)

The Money Show’s Bruce Whitfield interviews Yuppiechef cofounder Andrew Smith.

Online shopping may be shifting traditional mall culture

Online shopping may be shifting traditional mall culture

People are shopping differently, with online shopping becoming more attractive, but does this mean malls are on the decline?

Azania enters the parking bay wars!

Azania enters the parking bay wars!

"Nothing quite like parking and taking up four spaces," said the guy who hogged a total of four parking bays at a shopping mall.

May the Fourth be with you, a celebration of Star Wars Day

May the Fourth be with you, a celebration of Star Wars Day

May 4 marks "May the Fourth be with you," Day celebrated by fans George Lucas' fans of his Star Wars global movie franchise.

Popular articles
Nhlanhla Nene asks trade unions for ideas on how to fund wage increase demands

Nhlanhla Nene asks trade unions for ideas on how to fund wage increase demands

Nene asked unions representing Eskom workers to provide ideas to fund wage increases after negotiations with Eskom deadlocked.

[WATCH] Man finds it hard to open his Zam-Buk & pleads for an easier opening tin

[WATCH] Man finds it hard to open his Zam-Buk & pleads for an easier opening tin

Tourists wake up at the crack of dawn to bag the best sunbed and one man even suffers a broken toe in the melee.

How Steinhoff shares doubled in just five days

How Steinhoff shares doubled in just five days

Founder of Herenya Capital Advisors, Petri Redelinghuys, explains how the embattled Steinhoff managed to double its share price in 5 days

Parents no longer have to travel with children's birth certificates

Parents no longer have to travel with children's birth certificates

The new Home Affairs upgrades to the system include printing parents details at the back of the child's passport.

Woolworths explains reasons for rice mix recall

Woolworths explains reasons for rice mix recall

The retailer announced it is recalling its rice mix product for fear of contamination with the Listeria bacteria.

Home Affairs set to undergo an upgrade in move to paperless system

Home Affairs set to undergo an upgrade in move to paperless system

A new live capture system will cover birth, marriage and death registrations.

Criminals targeting homes with aluminium windows, warns neighborhood watch

Criminals targeting homes with aluminium windows, warns neighborhood watch

The Panorama, Welgelegen and Plattekloof Neighbourhood Watch has identified a new house break-in trend.