Espionage claims in tobacco ‘war’
Allegations of espionage have been levelled against established cigarette manufacturers, including tobacco giant British American Tobacco of SA, in a Western Cape High Court application lodged by Carnilinx, the manufacturer of low-cost brands, says a Cape Argus report. Carnilinx claims that the Tobacco Institute of SA (Tisa) – of which Batsa is a principal member – has been carrying out covert, unlawful surveillance of its operations and tracking its vehicles in an effort to force it out of the industry.
In the application, Carnilinx alleged that Tisa contracted private security firm Forensic Security Services to conduct unlawful surveillance of its operations and track its vehicles. Carnilinx also claims Tisa played dirty and procured covert electric surveillance of its business premises, delivery vehicles and distributors, intercepted and detained its products, and reported its products to SARS and the police as illicit.
Tisa denied most of the incidents as well as the allegations of unlawful conduct.
In his judgment, Judge Lee Bozalek said the legal underpinnings of the case were not made explicit in Carnilinx’s papers. It was only when it presented its argument that it revealed that it relied on breaches of certain rights. However, he said there was ‘little value, if any’ to be gained from referring the matter to trial. Bozalek found, instead, that it was best that Carnilinx institute fresh proceedings.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
