Protection of Businesses

It is not unheard of that court cases involving South African companies take place in foreign territories. In the arbitration sphere, particularly, this happens fairly frequently because of international trade.

Judgments and arbitration awards against South African businesses emanating from or arising outside the Republic can be executed in South Africa, but only if, firstly, the permission of the Minister of Economic Affairs has been obtained. In practice, apparently, permission is hardly ever refused. This is in terms of the Protection of Businesses Act 1978.

A. Furnishing of information

It is a criminal offence to provide any information as to any business (whether it is carried on inside or outside of South Africa) in response to any order, direction or request in connection with any proceedings of a civil nature (ie, not a criminal case) outside of the Republic unless the Minister of Economic Affairs has given his permission.1

  1. Section 2 read with section 1(1)b.