They further alleges that the Respondent is interfering in their contractual relationship with the various Spar franchisees and by marketing, selling and installing similar media types in some of the Spar franchisees. Download and install the app on one of the devices you already have and you are ready to play. And before us the respondents did not contend that there was.

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In this regard, Mr Horwitz relied heavily on the dictum in Joel Melamed and Hurwitz v Cleveland Estates Pty Ltd [] ZASCA 4 ; 3 SA A. Mr Bakkes informed me on 15 September that Primedia nevertheless continued with media installations in his store, and that he was not sure when this would be removed. I am unable to agree therefore that there exists a dispute of fact between the parties and I believe that Counsel for the Respondent's reliance on the case to which the Honourable Judge refers to in the Joel Melamed decision is misguided.

Mar 10,  · Republic of South Africa. IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE HIGH COURT, CAPE TOWN) Radio Retail warrants that ZaPOP will pay it for in store The announcement is creating confusion in the market place and I consequently want to reaffirm that Primedia Instore remains the official and exclusive provider of instore media.

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Instore Radio - Webdemo is a web based internet radio station from Newcastle that plays genre of music. Instore Radio Productions are a team of experienced radio, music and production personnel who are committed to delivering high quality in-store music solutions, (with or without marketing messages).

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AirMedia developed a very compact media player for in-store and on site Radio and Television purposes that is now available for commercial applications. It is an extremely reliable and functional device for all retail applications allowing remote scheduling and many .

Clause 2. See Crookes NO and Another v Watson and Others 1 SA A at C. This kind of agreement is commonly known as a so-called stipulatio alteri. See also the matter of Joel Melamed and Hurwitz v Cleveland Estate Pty Ltd [] ZASCA 4 ; 3 SA A A - F where this principle was accepted. For ease of reference, one such agreement is also quoted hereunder. Hereinafter represented by , duly authorised to acton its. Obligations of Radio Retail.

Obligations of the Spar Retail Outlet. Exclusive right to ZaPOP. The Spar Retail Outlet grants ZaPOP exclusive right to do in store promotion within its business on media shown in annexure "A" hereto,.

This exclusive right shall be for a period of 24 months with effect from 1 August or from such other date as the parties may agree to in writing. The services that ZaPOP can offer can be obtained from Zapop's website. ZaPOP accepts the benefits flowing from such exclusive right by the signature of its duly authorised representative on this agreement. Commencement and cancellation. The Spar Retail Outlet confirms that it has satisfied itself with the nature of and benefits to be had from Radio Retail's and Zapop's in store promotion services.

The agreement takes effect when it has been signed by both parties. The Spar Retail Outlet may validly cancel the exclusive right of ZaPOP to so do in store promotion on 6 calendar months' written notice to Radio Retail, provided that such notice is given after the expiry of the agreed minimum period referred to in paragraph 4. For and on behalf of Spar Retail Outlet. For and on behalf of Radio Retail for Spar Pty Ltd.

For and on behalf of ZaPOP Pty Ltd. The provisions in this contract are similar to those of the first agreement with regards to the position of and the obligations placed on the Third Applicant ZaPOP. It later however, became evident that as at the time of instituting of proceedings on the 8 October It seems that the bulk of these types of agreements were only signed on 21 October The contention of the Respondent was that these agreements were therefore invalid and that none of the Applicant's, particularly.

Third Applicant have any right to sell or install the media services or media types referred to in Annexure "B" of the Applicant's Notice of Motion. I will now turn to consider whether in the absence of a signature by the Third Applicant on this type of agreement there was tacit acceptance by the Third Applicant, and whether the fact that the Respondent disputes this is a genuine dispute of fact.

DISPUTE OF FACT. In this regard, Mr Horwitz relied heavily on the dictum in Joel Melamed and Hurwitz v Cleveland Estates Pty Ltd [] ZASCA 4 ; 3 SA A. In the abovementioned case the court referred to the dictum of Standard Bank of South Africa Ltd and Another v Ocean Commodities Inc and Others 1 SA A at G - B the following was held.

See generally Festus v Worcester Municipality CPD at ; City of Cape Town v Abelsohn's Estate 3 SA C at ; Parsons v Langemann and others 4 SA C at , Bremer Meulens Edms Bpk v Flores and Another, a decision of this Court reported only in Prentice Halt, 1 A36; Blaikie-Johnstone v Holliman 4 SA D at B-E; Big Dutchman South Africa Pty Ltd v Barclays National Bank Ltd 3 SA W at E-F; Muhlmann v Muhlmann 4 SA W at B-D.

Then further:. This is an agreement between the Third Applicant and a third party the franchisee , who is not a party to this dispute. In the Joel Melamed decision, there was a dispute between the parties as to the existence of a tacit agreement and they had to lead evidence to convince the court of this fact. In this instance, however, the Respondent not being a party to the contract between the Third Applicant and the franchisees is in no position to deny the existence of a tacit agreement.

The mere fact that the Respondent denies this fact in itself does not warrant a conclusion that, that fact does not exist. I am unable to agree therefore that there exists a dispute of fact between the parties and I believe that Counsel for the Respondent's reliance on the case to which the Honourable Judge refers to in the Joel Melamed decision is misguided.

In applying the well established rule laid down in Plascon-Evans, I come to the conclusion that there is no real or bona fide dispute of fact between the Applicants and the Respondent. I will now to the issue of tacit acceptance with regards to the Third Applicant.

On the Applicants 1 version, the Third Applicant had indeed performed in terms of the contract by having delivered, in store promotions and services at the various Spar franchisees. The Respondent in their counter-application, states that the Applicants, including the Third Applicant, had conducted in store media advertising and promotions in the stores where they had valid pre-existing contracts.

Their version is that the Applicants had been interfering in their contractual rights. By saying this, the Respondent by implication admits that the Third Applicant had performed in terms of the contract.

On the undisputed evidence before me I am satisfied that there was tacit acceptance by the Third Applicant in respect of these contracts, despite not being signed by them. I will now to deal with the alleged unlawful interference by both parties. In the present matter, the mere fact that the Respondent was exercising rights in.

The same reasoning can be applied to the Respondent's counter-application, where it alleges that there was interference by the Applicants. The mere fact that the Applicants had entered into exclusive agreements with the Spar franchisees with whom the Respondent Stores had a pre-existing contractual relationship does not in itself constitute unlawful interference on the part of the Applicants.

The test for unlawful interference is set out in Van Heerden - Neethling Unlawful Competition 2 nd edition at - This type of conduct may naturally also occur in the context of commercial competition".

Fairness and honesty in competition are criteria that have been emphasised in many of the decided cases. The learned authors further state the following in relation to unlawful interference:. In Atlas Organic Fertilizers Pty Ltd v Pikkewyn Ghwano Pty Ltd 2 SA T Van Dijkhort J stated that a "delictual remedy is a valuable to a party to a contract who complains that a third party has intentionally and without lawful justification induced another party to the contract to commit a breach thereof".

See also Woodlands Dairy Pty Ltd v Parmalat SA Pty Ltd 2 SA ECD at B - D. Against this background I will now deal with the conduct of each party in order to ascertain whether there was unlawful interference. On 6 August The request was made in response to reports from franchisees like Lakeside Spar and Paarl East Spar that the Respondent's representatives had interfered with the Applicants rights in terms of their agreements they had concluded with the various Spar franchisees.

TO OUR VALUED CUSTOMERS. It has come to my attention that ZAPOP have announced that they have been awarded rights to provide in store media services in Spar Group stores.

The announcement is creating confusion in the market place and I consequently want to reaffirm that Primedia Instore remains the official and exclusive provider of instore media services for the Spar Group Super Spars, Spars, Kwikspar and Tops. Mike Prentice Group Marketing Executive - Spar and Julian Evans Group Merchandising Manager - Spar have endorsed this communication.

I trust that this letter serves to remove all confusion. Yours faithfully G. CHIEF EXECUTIVE OFFICER c. Prentice Spar J. Evans Spar ". The Respondent claims that it did in fact only send copies of such letter to the latter. If copies of this letter found their way to any of the Spar franchisees, this was not occasioned by the Respondent.

At that time, the Respondent was aware of the fact that the Applicants had dealings with the Spar franchisees and was busy with in store advertising and media services in some stores and if it was their intention not to influence the franchisees from doing business with the Applicants, they should have indicated same.

It is important to note that the letter or notice referred to earlier on had also raised concerns with the suppliers as to who was responsible for providing in store media or advertising of their products in the respective Spar franchisees.

It is further difficult to understand why they did not inform their own franchisees separately about the actions of the Applicants, and that the franchisees should not permit the Applicants from doing any in store promotions or advertising. The Applicants also cite other examples of conduct on the part of the Respondent as constituting unlawful interference at certain franchisees.

These are:. The owner was hesitant to allow the Respondent to do this and called the Applicant. The Respondent's representative nevertheless went ahead to install media in this store. Here it seems that there was reluctance on the part of the owner of the franchisee to allow the Respondent's representative to install media in his store due to the exclusive contract already entered into on the 30 March with the Applicants.

He was concerned he would be in breach of contract with the Second Applicant if the Second Respondent was allowed to install such media. Shawn Paulsen had also displayed some discomfort with the continued contractual relationship with the Respondent after it had concluded an exclusive contract with the Applicants. He, however, allowed the Respondent to install media despite his reservations.

Here it seems that the Spar Franchisee had unconditionally severed all links with the Respondent, if there indeed was such a relationship. The Respondent does not deny these events, nor does it claim in their Answering Affidavit, as they do in the cases of the Paarl East, Lakeside Kraaifontein, Kuilsriver Sonstraal and Bellville Spar Franchisees claim, that they had a contractual relationship with this Spar franchisee.

In my view, in this specific instance, this amounted to clear interference,. She claims that the Respondent had put up advertising material contrary to the agreement she had with the Respondent. The Respondent in their answer to the Applicants' allegations regarding interference in the contractual relationship with the abovementioned Spar franchisees contends that they have a contractual relationship with such Spar franchisees.

In particular, they contend that with regards to the Paarl East Superspar, Lakeside Spar. Kraaifontein Superspar. Kuilsriver Superspar, Sonstraal Superspar and Bellville Kwikspar, they lawfully exercised their contractual rights by sending their representatives to these stores. They also contend they were entitled to do in store marketing and make payments to the franchisees for services they were permitted to render.

These franchisees clearly wanted to avoid breaching their contractual relationship with the Applicants. Their position is therefore not similar to that of the Applicants. The Respondent also does not deny that various suppliers of products expressed confusion as to who was responsible for the in store marketing at various franchisees. Then a letter was sent out on 19 August The letter dated 19 August states that the Third Applicant had announced their rights to provide in store marketing in the Spar Group Stores.

In summary, it becomes clear that the actions of the Respondent were designed to unlawfully interfere with the exclusive contractual relationship the Applicants had with the Spar franchisees. I therefore find on the main application that the Applicants have made out a case that the Respondent unlawfully interfered in the Applicants' contractual relationship with the franchisees.

The Respondent's counter-claim is based on the fact that in terms of the agreements concluded between the Respondent and the "Primedia" Spar franchisees, it has the right to market, sell and install media services.

It is alleged that the Applicants are interfering with their contractual rights and the Respondent is therefore entitled to interdictory relief. This, as said earlier, does not amount to unlawful interference. There is also no evidence similar to that which the Applicants had presented by their individual franchisees that they had reservations or felt discomfort in continuing with the contractual relationship they had with the Respondent due to the interference and certain conduct of the Applicants.

The counter-application, therefore, is without merit and is accordingly dismissed. After having considered all the evidence, 1 am of the view that the Applicants have established that they have a clear right based on the various contractual agreements between them and the various Spar franchisees.

I am also satisfied that they have established that there is a reasonable apprehension that their commercial or business interest will suffer irreparable harm by the continued conduct of the Respondent. It is further clear that if regard is to be had to the attitude of the Respondent, by failing to acknowledge the existence of the rights of the Applicants and that they will not desist from exercising what they perceived to be an interference by the Applicants in their rights Respondent , which were shown not to be exclusive rights, there is clearly no other remedy available other than to restrain them from continuing to do so.

It follows that the Applicants are entitled to the relief sought with costs. In the result, the following order is made:.

The Application for Amendment in favour of the Applicants is granted with costs. The application to strike out is dismissed with costs. The main application succeeds with costs. The counter-application is dismissed with costs. The Respondent is interdicted from unlawfully competing with the Applicants by:. Making any false representations about or concerning the Applicants;. Interfering with the exclusive contractual relationships between the Applicants and the respective Spar franchisees, namely those as set out in.

Annexure "A" attached to the Notice of Motion as amended to include Nzhelele Spar, Pavillion Spar, The Hilt Spar, Vorna Valley Spar by soliciting any of these entities to breach or sever their agreements with the Applicants. Marketing, selling or installing media types listed in Annexure "B", as amended, in any of the entities set out in Annexure "A" to the Notice of Motion.

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Primedia - Wikipedia

KFM: KFM is a radio station based in Cape Town, South Africa. 947: 947 is a radio station that broadcasts on the 94.7FM frequency from Johannesburg, Gauteng, South Africa. Crimeline: Crimeline is an independent Initiative started by Primedia aimed at helping South African authorities fight crime through anonymous tip-offs.

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Primedia is a South African media groupheadquartered in SandtonJohannesburg. Primedia Instore Radio South Africa established in and its listing on the JSE Securities Exchange was completed in April Primedia remained listed on the JSE until 1 Octoberwhen its listing was terminated following a successful private equity transaction scheme of arrangements.

The Primedia Group is backed by Mineworkers' Investment Company MICEthos, the FirstRand Group and the Old Mutual Group Instore Radio South Africa Mutual Private Equity and Old Mutual Specialised Finance who are major shareholders. Primedia's advertising businesses are located principally in South Africa. This includes radio broadcasting, outdoor Karlee Perez, commuter and other out of home media opportunities, and spans both the traditional and non-traditional media sectors.

From Wikipedia, the free encyclopedia. South African media group. Amator Porno the American company formerly known as Primedia, see RentPath. For infomercial company, see PriMedia Inc.

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You can help by converting this articleif appropriate. Editing help is available. April SandtonJohannesburg. Retrieved 12 October Retrieved 21 January Authority control VIAF 1 WorldCat. Categories : Mass media companies of South Africa Companies based in Johannesburg Mass media in Johannesburg. Navigation menu Personal tools Not logged in Talk Contributions Create account Log in. Namespaces Article Talk.

Views Read Edit View history. Help Learn to edit Community portal Recent changes Upload file. What links here Related changes Upload file Special pages Permanent link Instore Radio South Africa information Cite this page Wikidata item. Download as PDF Printable version. Add links. Johannesburg [1]. SandtonJohannesburgSouth Africa. Phumzile Langa Chair of Primedia Board Omar Essack Group CEO. VIAF 1 WorldCat.