Good day, I am a small business owner re...

Asked by Steve on 27-02-2024 11:04:07
Question posted in the General Law category relating to Gauteng

Good day, 

I am a small business owner renting a shop in a Mall, this Mall has a particular rule that employees are not allowed to use their cellphones during the day, should the mall securities see so, they will take the phone away. 

I want to ask is this legal ?


Message from the Lawyer

Posted by Att. Patrick on 27-02-2024 11:09:25

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

Please keep in mind that our discussions is for general information purposes only. Our engagement on this website does not create an attorney-client relationship. 

When you say that "employees are not allowed to use their cellphones during the day", are you referring to -

(i) Mall employees who are hired by the Mall to act as cleaners, etc, OR are you referring to

(ii) YOUR businesses employees who are hired by your business (or other businesses) to work in the shops?

Message from the client

It is the second situation, employees employed by my business to work in my shop.

Message from the Lawyer

Posted by Att. Patrick on 27-02-2024 11:37:40

If you are talking about employees employed by your business to work in your shop, then there is absolutely NO LEGAL BASIS for the mall security to take their cellphones away, let alone speak to them! They are your employees. The mall security has absolutely no right to do anything to them. Why are they being treated differently to any customer coming to the mall? It makes no sense.

It is also an unjustifiable infringement on your employees' privacy and other constitutional rights. 

I think that you need to meet with your landlord and/or the mall security to understand what is happening, and to advise them that you've told your employees NOT to hand over any cellphone to a mall security, and that you will fight this "alleged rule" on the basis that it is completely unconstitutional. 

Answer Accepted

This answer was accepted on 27-02-2024 11:39:27

If you would like to view the entire answer, you will need to either login or register a FREE account.


DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not South African Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.