Protection of Businesses Act 99 of 1978

Protection of Businesses Act, 1978 (No. 99 of 1978)

to restrict the enforcement in the Republic of certain foreign judgments, orders, directions, arbitration awards and letters of request;
to prohibit the furnishing of information relating to businesses in compliance with foreign orders, directions or letters of request; and
to provide for matters connected therewith.

(English text signed by the State President.)
(Assented to 20 June 1978.)

Be it enacted by the State President, the Senate and the House of Assembly of the Republic of South Africa, as follows:-

Prohibition of enforcement of certain foreign judgments, orders, directions, arbitration awards and letters of request and furnishing of information relating to businesses in compliance with foreign orders, directions or letters of request.

1. (1) Notwithstanding anything to the contrary contained in any law or other legal rule, and except with the permission of the Minister of Economic Affairs.

(a) no judgment, order, direction, or letters of request delivered, given or issued or emanating from outside the Republic in connection with any civil proceedings and arising from any act or transaction contemplated in subsection (3), shall be enforced in the Republic;

(b) no person shall in compliance with any order, direction, or letters of request issued or emanating from outside the Republic in connection with any civil proceedings, furnish any information as to any business whether carried on in or outside the Republic.

(2) The permission contemplated in subsection (1) (b) may-

(a) be granted either by notice in the Gazette or by written authority addressed to a particular person;

(b) be granted subject to such conditions as the said Minister may deem fit;

(c) relate only to specified goods or businesses or classes of goods or businesses, or to orders, directions or letters of request issued in or emanating from a specified country;

(d) if it is granted by notice in the Gazette, relate only to specified persons or classes of persons.

(3) In the application of subsection (1) (a) an act or transaction shall be an act or transaction which took place at any time, whether before or after the commencement of this Act, and is connected with the production, importation, exportation, refinement, possession, use or sale of or ownership to any matter or material, of whatever nature, whether within, outside, into or from the Republic by, on behalf of or of producers of such matter or material.

Offences and penalties

2. Any person who contravenes the provisions of section 1 (1) (b) shall be guilty of an offence and on conviction liable to a fine not exceeding two thousand rand or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.

Repeal of section 2 of Act 94 of 1974

3. Section 2 of the Second General Law Amendment Act, 1974, is hereby repealed.

Short title and commencement.

4. This Act shall be called the Protection of Businesses Act, 1978, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.

Commencement

4 August 1978