Illicit cigarettes flood local market
READ: Legal tobacco trade going up in smoke
It says the expansion of the illicit sector is endangering the last remaining jobs in the industry and causing the government to lose out on tax revenue of approximately R28 billion annually? Francois van der Merve from the South African Tobaco Transformation Alliance discussed this with eNCA.
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The Citizen
an hour ago
- The Citizen
Did the Viljoens leave Tammy Taylor Nails franchisees in the lurch?
While the Viljoens are living it up in Miami, Tammy Taylor franchisees in South Africa are wondering what will happen to them. Now that Peet and Melany Viljoen left the country, their Tammy Taylor franchisees have been left in the lurch. The principal franchisor, the Viljoens' Tammy Taylor Global Franchising, has left the country, but the salons still carry the Tammy Taylor brand name and logo despite South African and US courts forbidding the Viljoens from continuing to use it. Where does that leave the franchisees? Trudie Broekmann, a consumer lawyer from Cape Town and expert on the Consumer Protection Act (CPA), says a franchise operation can generally not operate without an engaged national franchisor which properly holds the legal rights to act as franchisor. ALSO READ: Did the Viljoens of Tammy Taylor-fame skip the country? The CPA's provisions regarding franchises were used in the application for an order against the Viljoens and Tammy Taylor Global Franchising recently, when Lebohang Hlathuka asked to be refunded the R600 000 she paid for a franchise. The court also ruled that the Viljoens be barred from using the Tammy Taylor brand name any longer. Tammy Taylor franchisees left to fend for themselves Broekmann says, from Hlathuka's recent judgment against the Viljoens, it is clear that at least those 'franchisees' who recently acquired their franchises from the Viljoens' entities do not have a valid franchise. 'These franchises would have to be reacquired or otherwise regularised by either a South African franchisor with a valid right for the relevant territory or with Tammy Taylor in the US. ALSO READ: US court rules Viljoens must pay real Tammy Taylor R71 million 'If earlier franchisees acquired their franchises validly from the Viljoens while they were authorised by Tammy Taylor to sell franchises, those franchisees have also been left in the lurch by the Viljoens' sudden departure. 'The older franchisees will have to negotiate new channels for their supplies and support. Even successful legal prosecution generally cannot rectify the devastation left behind by fraudsters. I can only commiserate with the non-complicit staff, franchisees and even customers of the franchisees who have been left to fend for themselves.' Judgment in US court against Viljoens A US court also issued an order at the end of June after the real Tammy Taylor sued the Viljoens for trademark infringement and breach of contract. The US judge ordered that the Viljoens' US Trademark Registration be cancelled and that Taylor's request for the maximum in statutory damages of $4 million against the Viljoens for counterfeiting the US-registered trademarks and breach of contract is granted. In addition, the judge ordered the Viljoens to scrub all references between them and the Tammy Taylor brand, including their website, from the internet. ALSO READ: Viljoens say Tammy Taylor will not get her R71 million [VIDEO] How do these judgments affect the Tammy Taylor franchisees in South Africa? Broekmann says the truth is that the franchisees are in a bind and there is probably not much they can do. 'Considering the rulings by the South Gauteng High Court and the California District Court in the US, it is clear that the Viljoens and their entities did not have the right to sell Tammy Taylor franchises since April 2022. 'Therefore, any 'franchisee' or potential 'franchisee' who contracted with them is entitled to claim their money back, along with damages. If these 'franchisees' attempt to conduct business as a Tammy Taylor salon they will be legally unauthorised and open themselves to being sued by Tammy Taylor Nails Inc in the US for breach of its intellectual property rights. 'I would suggest they instruct legal representatives to act very quickly to ensure that the Viljoens' assets are not dissipated or removed from the country to evade payment.' What can the Tammy Taylor franchisees do now? Broekmann says even the legitimate franchisees, who transacted with the Viljoens between April 2017 and April 2022 while they were authorised to sell franchisees, were left in the lurch by the Viljoens' hurried departure from South Africa. 'I assume their companies will not operate for much longer. I suggest the franchisees contact Tammy Taylor Nails Inc in the US to negotiate arrangements for support and supply of the correct Tammy Taylor products. Of course, there is no guarantee that the US company will be willing to support the South African franchisees and if so, at what cost.' ALSO READ: Judge orders Viljoens to immediately stop using Tammy Taylor trademark She says she has been inundated with requests for help from South African consumers who are victims of con artists and fraudsters. 'This judgment is a move in the right direction and demonstrates that our courts will come to the assistance of those who fall victim to business people who behave in contravention of the law, in particular the CPA, which regulates franchising.' Be careful if you want a franchise, lawyer warns Broekmann recommends that consumers who want to invest in a franchise involve an attorney to assist them throughout the process, as there are many potential pitfalls. 'The CPA requires a franchise agreement to be in writing and signed by the franchisor as well as the franchisee, but Hlathuka was forced to pay R600 000 before the contract was in place for a 'franchise opportunity that never existed'.' NOW READ: Hawks investigating Peet and Melany Viljoen for fraud with Tammy Taylor franchises
The South African
an hour ago
- The South African
Parents warned to monitor social media amid child abuse scandal
Social media law expert Emma Sadleir has urged South African parents to monitor their children's use of WhatsApp and other social media platforms. This follows a Gauteng High Court order directing Meta to shut down anonymous Instagram accounts and WhatsApp channels sharing child pornography involving local schoolchildren. According to SABC News , Sadleir and her team at the Digital Law Company filed the urgent court application after they uncovered disturbing material on the platforms involving school-aged victims. The content reportedly included graphic photos and videos, often accompanied by personal information such as the child's name, school grade, and school name. Speaking after the ruling, Sadleir urged parents to act immediately. 'I really urge every parent listening to go and look at their child's WhatsApp account, check if they are following any channels,' she said. 'Follow all the rules around digital hygiene, look after your children, and know what they're doing online,' she added. She also warned that WhatsApp, often not seen as a social media platform, has become increasingly dangerous. 'What we're seeing is that WhatsApp is actually more dangerous than the other platforms because of these huge channels. There's zero accountability, no identifiable person behind them and people are doing whatever they want,' she said. Sadleir stressed that young children should not be using social media, especially platforms like WhatsApp that offer limited oversight. She said many parents mistakenly believe that WhatsApp is a safer alternative. Unaware of its role in facilitating large, anonymous content-sharing groups. Following the court's decision, Meta is now required to shut down the offending channels and accounts. The ruling represents a rare legal intervention targeting encrypted platforms and anonymous accounts involved in the distribution of child sexual abuse material in South Africa. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1. Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X and Bluesky for the latest news.
IOL News
2 hours ago
- IOL News
Reactions to Minister Creecy's dissolution of the Road Accident Fund board
Transport Minister Barbara Creecy has dissolved the RAF Board. Image: File Minister of Transport Barbara Creecy's decision to dissolve the board of the Road Accident Fund (RAF) has been met with varied reactions from stakeholders, including the Association for the Protection of Road Accident Victims, the Parliament's Standing Committee on Public Accounts (Scopa), and ActionSA. The RAF has faced financial and administrative instability in recent years, including the suspension of its CEO, Collins Letsoalo, due to alleged corruption and his failure to appear before Scopa. The entity, funded entirely by South African motorists through the fuel levy, has over R50 billion in annual revenue. According to Creecy, the dissolution was necessitated by persistent governance and operational challenges at the RAF, which included protracted and costly litigation pursued by the RAF on accounting standards and the inconsistent handling of the suspension of the CEO. Other reasons include the frequent incurrence of default judgments against the RAF, deep divisions within the board, and failure to fill critical executive positions like Chief Claims Officer and Head of Legal. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Deputy President of the Association for the Protection of Road Accident Victims, Ngoako Mohlaloga, said that his organisation was aligned by Creecy's decision. "We are hoping that the minister's decision will be in the best interest of the victims because ours is for the victims. We are in alignment with the minister's decision and we are hoping that her decision will fulfil its core mandate, which is to investigate administration within the RAF, which will result in compensating victims," said Mohlaloga. He stated that the board must ensure the organisation runs smoothly and that systems are in place for the RAF to function optimally. Chairperson of Scopa, Songezo Zibi, warned that the dissolved board had to be replaced with one that is capable. "The dissolution of the board came as no surprise. We've noted as a committee a number of underperformances by the board in overseeing the Road Accident Fund... It's important that whoever steps in on an interim basis is capable, experienced, and strong-willed because it doesn't help to replace one weak and problematic board with another,' Zibi said. Earlier this year, Scopa heard that the head of legal lacked a law degree, a revelation made during the board's appearance before the committee. An inquiry was launched by the oversight committee to investigate allegations of maladministration, financial impropriety, and the misuse of public funds at the embattled entity. The board's dissolution, according to Zibi, was not unexpected. "We've noted as a committee a number of underperformances by the board in overseeing the Road Accident Fund. We've highlighted the numerous vacancies in critical posts. The accumulation of default judgments that the Road Accident Fund does not defend amounts to R5 billion at the moment, at a rate of up to 100 million per week. We had said in our committee that this board is failing, so the decision is not surprising." ActionSA welcomed the decision to dissolve the RAF board, citing the entity's history of mismanagement, corruption, and state failure. "The RAF has become a cesspool of mismanagement, corruption, and a symbol of state failure." The party had formally demanded the dissolution of the board after the RAF's appearance before Scopa and findings from the Special Investigating Unit (SIU). Creecy has requested the National Treasury to appoint an interim Accounting Authority and initiated a recruitment process for a new board. Other steps include establishing an expert advisory committee to review the RAF's business processes and have requested the SIU to consider expanding the scope of their investigation into the RAF.
