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Business Practices Committee Report 61

Goldex CC

Notice 2014 of 1998

 

 

Department of Trade and Industry

 

Harmful Business Practices Act, 1988

 

I, Alexander Erwin, Minister of Trade and Industry, after having considered a report by the Business Practices Committee in relation to an investigation of which notice was given in Notice No. 1009 of 1997 published in Government Gazette No. 18116 of 11 July 1997, which report was published in Notice 2013 in Government Gazette No. 19243 of 18 September 1998, and being of the opinion that a harmful business practice exists which is not justified in the public interest, do hereby exercise my powers in terms of section 12 (1) (b) and (c) of the Harmful Business Practices Act (Act No. 71 of 1988), as set out in the Schedule.

 

 

A Erwin

Minister of Trade and Industry

 

Schedule

 

In this notice, unless the context indicates otherwise--

 

"harmful business practice" means--

a) directly or indirectly inviting the public to buy franchises; or
b) receiving funds from franchisees,

unless the parties comply with the conditions of full membership or associate membership of the Franchising Association of South Africa.

 

"the parties" means Goldex CC (CK94/35049/23) trading as Rampage, J. Rosen and J. Cawood, and any employee, agent or representative of any of the above-mentioned.

 

1) The harmful business practice is hereby declared unlawful in respect of the parties.

 

2) The parties are hereby directed to-
a) refrain from applying the harmful business practice;
b) cease to have any interest in a business or type of business which applies the harmful business practice or to derive any income therefrom;
c) refrain from at any time applying the harmful business practice; and
d) refrain from at any time obtaining any interest in or deriving any income from a business or type of business applying the harmful business practice.

 

3) This notice shall come into operation upon the date of publication hereof.