SUMMARY The central issue in this appeal is whether the Appellant, the Advertising Authority of South Africa (the ASA), has jurisdiction over persons who are not its members and who have not consented to its jurisdiction. The respondent (Herbex), which carries on business marketing complementary medicines, is not a member of the ASA. Herbex launched
Summary Introduction and background facts The Plaintiff is a professional agency representing rugby players. The Defendant is Gary Botha, a professional rugby player and former Blue Bulls and Springbok Hooker at the time. On 5 October 2009, the Plaintiff (a UK based company), represented by its sole director, Mr Christian Abt, entered into a written