P'nP acting 'reasonably'
2003-07-07 08:27
Philip de Bruin
Johannesburg - If the situation of poisoned food at supermarket giant, Pick 'n Pay, is not addressed shortly and "any product" could probably be contaminated, Pick 'n Pay supermarkets countrywide could have to close their doors.
The alternative is that the group - "at astronomical costs" - tests each product on its shelves to determine whether it is "clean".
This was the reaction of Faan Coetzee - an experienced civil law attorney from Gauteng - on Sunday after a fourth product was withdrawn from Pick 'n Pay shelves at the weekend because it could possibly be poisoned.
Coetzee said the way in which Pick 'n Pay has handled the crisis thus far was legally acceptable and above board. "Their actions are tested by using the so-called reasonable man test. What would a reasonable chain store have done in the situation Pick 'n Pay finds itself in?
"By immediately informing the public about products that pose a possible threat and by immediately withdrawing those products from their shelves, Pick 'n Pay is doing what is legally required of it. Reasonable precaution is being taken to protect the public. At the moment, no court will expect the group to close its shops or test each product it sells.
"But the situation could change radically if there is a suspicion that any product at Pick 'n Pay supermarkets could be contaminated - in other words, if more products are identified that could possibly be poisoned and management no longer knows which products are safe and which are not.
"In such a situation, Pick 'n Pay would have to close its doors indefinitely until it can assure the public that all its products are without poison and safe for human consumption.
"The alternative is that the group tests each and every product on Pick 'n Pay's shelves before it goes on sale," Coetzee said.
Shaun Summers, chief executive of Pick 'n Pay, said they were aware that some shops would have to close if they can no longer guarantee that the products they sell are clear of poison.
"I don't want to speculate about this now, but this is one of many scenarios that could play out as the drama unfolds. We discussed this issue with our legal representatives from the start and are acting on their advice.
"However, if it is in the interest of the public that we close certain shops or even test everything on our shelves, we will not hesitate to do so," he said.
- Beeld