Report 74 Business Practices CommitteeNotice 1139 of 1999 |
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 432 of 1999 published in Government Gazette No. 19836 of 19 March 1999, which report was published in Notice 1138 in Government Gazette No. 20171 of 10/6/99, 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 -
| 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 Simply Bellissimo CC (96/31346/23) and its members, John Kenneth Kilian and Janet Alison Kilian, 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. |