Flower seller allegedly abuses Cansa name

In a high court case in South Africa, a flower seller has been accused of abusing the Cancer Association of South Africa's (Cansa) name. Durbanite Vanessa Willemse has been temporarily stopped from plying her trade in soft toys and flowers at KZN coffee shops and restaurants pending the final outcome of the legal dispute.

Papers before Judge Isaac Madondo claimed that not only was Willemse contravening a restraint of trade agreement with business owner Hendrik Roux (trading as Rosebud Flower Sellers), but she allegedly continued selling stock in the name of Cansa without giving the organisation any revenue.

The judge granted an interim interdict against Willemse, denying her the right to trade in Durban, Verulam, Umhlanga, Empangeni, Richards Bay, the district of Umzinto, Port Shepstone, Pinetown, Stanger, Ballito, Camperdown, Pietermaritzburg, Ashburton, and the Lions River district, including Howick and the Midlands Meander but excluding Mooi River.

Roux, from Pinetown, said in an affidavit his business buys bulk soft toys like teddy bears, small toys, keyrings and fresh roses from certain suppliers. By getting permission from a charity organisation like Cansa, he is entitled to use their name to sell his goods. In return, Cansa receives 10% of the turnover. Roux said he enters into agreements with sub-contractors, like Willemse, who visit restaurants and coffee shops and sell the goods to their customers. The sub-contractors receive a commission.

CCTV
Roux said his business does not trade on Sundays, but in June this year he discovered that Willemse was selling his stock on these days to various restaurants in Durban without accounting to him for the sales. To make sure of his facts he visited restaurants and viewed CCTV footage that showed Willemse selling his wares on Sundays.

On June 29 this year, he confronted Willemse and ended his contract with her. Roux said, however, that Willemse was “undeterred” and continued selling the stock she should have returned when the agreement was terminated.

Source: News24

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