Report 71 Business Practices Committee

Notice 1137 of 1999
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Department of Trade and Industry

 

Consumer Affairs (Unfair 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 1950 published in Government Gazette No. 18531 of 12 December 1997, which report was published in Notice 1136 in Government Gazette No. 20170 of 10 June 1999, 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 Consumer Affairs (Unfair Business Practices) Act, 1988 (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 the administering or managing of a timeshare rights pooling scheme whereby--

i)the parties, or any business in which the parties have any interest, acquire or offer to acquire, either on their own or its behalf or on behalf of a third party, any right to or interest in the exclusive use or occupation, during determined or determinable periods during any year, of accommodation; and
ii)the parties, or any business in which the parties have any interest, confer or purport to confer on any person any right to or interest in the exclusive use or occupation, during determined or determinable periods during any year, of accommodation;

unless the parties comply with the conditions of full membership or associate membership of the Timeshare Institute of South Africa.

 

"the parties" means JCS Development (Pty) Ltd, trading as Leisure Club, Bishum Dwarika Maharaj (ID 620509 5167 085), 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 there from;
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.