You would have thought that a large organisation like the
Times Media Group that claims to be a “premier newspaper and magazine publisher
with the most recognised brands in South Africa ” would know one of the
most elementary advertising legal requirements.
Included in its stable are the Sunday Times and its daily
offshoot The Times.
For
years The Times and perhaps other newspapers have been blatantly breaking the
law by carrying illegal CorporateSport advertisements for its business
breakfasts.
This firm that is in sports management and marketing claims
that these occasions “have become the most established breakfast forums in
Johannesburg, Cape Town and Durban and offer sponsors a cost effective and
focused environment through which to impact large captive business audiences
and enjoy the effective brand exposure.”
Part of Times Media's pledge |
Various high profile sporting personalities such as rugby
coach Brendon Venter; Proteas cricketers Hashim Amla and Dale Steyn and All
Blacks Kieran Read and Israel Dagg have been the stars of these events.
Sponsors of the breakfasts have included firms like Vodacom,
Mimecast international cloud based email managers, Landrover, Accenture the
business management consultants and McCarthy Toyota. The backers of these get
togethers must surely take some of the blame for what has been going on.
But
none of the top business people who have been involved in these breakfasts over
the years or anybody at the Times Media Group appear to have noticed that the
CorporateSport advertisements were illegal because the prices given excluded
VAT.
The VAT tax came into force in South Africa in 1991 and the South
African Revenue Service’s VAT Guide begins its “10 Important Principles” with
this: “All prices charged, advertised or quoted by a vendor must include VAT at
the applicable rate (presently 14% for standard-rated supplies).”
The earliest CoporateSport advertisement I could find was a
2013 one that gave the prices for individuals and tables of 10 marked
(excl.VAT). And the firm has been breaking the law like this since then or even
before that aided and abetted by The Times Media Group, which more than perhaps
any other type of business should have known better.
Another extract from the Times Media pledge |
When I pointed this out to Andrew Bonamour the Chief
Executive of Times Media in an email he replied promptly saying: “I will look
into it. Thanks.”
Oops almost a month later on 10 April I told him, “You need look no further than one of your own papers, today’s The Times.”
Oops almost a month later on 10 April I told him, “You need look no further than one of your own papers, today’s The Times.”
In
one of those quirks of life Wendy Knowler, that ace consumer expert, who writes
regularly for The Times, just happened to have a page spread about advertising.
In it she told us: “‘The price you see is the price you pay’” was the catchy
phrase devised by the Government “many years ago when value-added tax was first
introduced.”
“By
law,” she went on, “retailers had to advertise VAT-inclusive prices - and still
do. So that was intended to impress on consumers that no retailer could add tax
to an advertised price.”
But undeterred CorporateSport has been doing just that.
Bonamour passed the problem on to his General Manager
Reardon Sanderson who told me he had spoken to Ross Fraser, the head of
CorporateSport and “he will amend the adverts going forward. We should not have
a repeat of this,” he added.
Meanwhile my efforts to get comment from Fraser went
unanswered. I assume he got my 11 April email because I checked with his PA and
she phoned me back to say it had been received.
He seems to keep out of the limelight as I could find nothing about him on the internet. So perhaps not answering my emails is just part of his hideaway approach to life.
He seems to keep out of the limelight as I could find nothing about him on the internet. So perhaps not answering my emails is just part of his hideaway approach to life.
Evidently as a result of my inquiries an advertisement for the
11 May 2017 breakfast gives two prices for tables of 10 and two for
individuals. One is the (excl.VAT) price while the other one is the (incl.VAT)
price.
This
prompted me to email Reardon saying: “I suggest this is not right either. If ALL
advertised prices have to include VAT then the ones that don’t are surely not
legal. And this latest ad suggests you have a choice, to pay the price that
includes VAT or the one without it.”
I questioned why CorporateSport was so obsessed with pointing
out the Vat aspect in its ads. “Surely the Vat amount is given on all its
receipts and everybody who goes to the kind of event that it organises will
know that VAT will be charged,” I argued.
Reardon has yet to reply to this email.
Regards
The Times & Corporatesport finally get it right in the paper's 21 April edition although the '(incl. VAT)' is not necessary |
Jon,
the Spoil Sport; Consumer Watchdog and Poorman’s Press Ombudsman who evidently
reads the The Times a lot more thoroughly than they do at Times Media.
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