Cenprop Real Estate (Pty) Ltd v Holtzhauzen

On a rainy morning on 1 June 2013, the respondent slipped and fell on wet tiled flooring inside Goodwood Mall while walking to an ATM, sustaining a fractured elbow. Rainwater had been tracked into the mall, making the tiles slippery. The mall was owned by Naheel Investments (Pty) Ltd and managed by Cenprop Real Estate (Pty) Ltd, which had appointed independent cleaning and security contractors. The respondent sued the owner and manager for damages. The High Court dismissed the claim, but on appeal the full court upheld it. The appellants then appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, and the full court’s order granting the respondent’s claim was upheld.

The case clarifies the limits of the Chartaprops defence and reinforces that owners and managers of public premises retain a duty to take reasonable steps to guard against foreseeable dangers, particularly recurring risks such as wet floors during rainy weather. It also underscores that disclaimer notices must be clearly visible and properly implemented to have legal effect.