Advocate Sidney Pilane this week requested attorney Dutch Leburu and high court justice Key Dingake to postpone a case in which Nandos Holdings Botswana wants to abruptly terminate a master of franchise agreement with a citizen
Pilane, who is representing Nandos Holdings Botswana, asked to be given time to go and study the case as he has recently taken over from Munyaka Makuyana of Makuyana legal practice. The case has been postponed to May 26-29. Nandos Holdings filed for an urgent application on February 28 this year for termination of the franchise agreement which they entered into with Ethel Gaompone at Palapye on December 2011 to operate Nandos Palapye utilising the internationally recognised Nandos brand. It was supposed to expire on March 24, 2014.
Gaompone later filed her notice of opposition on March 3. The company wants her to stop identifying her restaurant as Nandos. She was given franchise rights to trade in Botswana for 10 years commencing on May 1, 2004 and ending April 30, 2014. Her argument is that the franchise agreement gives her a right to continue trading beyond the close of the business. She has since filed with the court a notice seeking certain documents from Nandos Holdings regarding the application by Jago Productions for the renewal of the sub-franchisee agreement.
Meanwhile, Nandos will on April 29 answer before Dingake why it took the law into its own hands notwithstanding that its application was still pending and stopped the necessary supplies and support to Nandos Palapye and effectively closed it on March 24, 2014. This paper has it on good record that on the said date, Gaompone suffered a loss as computers, which are controlled from South Africa were closed down. In addition, Nandos Holdings Botswana refused to supply Nandos Palapye with stock.
Botswana Guardian has been informed that Nandos Palapye is the only franchise in the country that makes more than P1 million a month. Other Nandos restaurants in the country are currently making below P500 000, inside sources have said. Leburu of Monthe Marumo and Company is defending Gaompone and Jago Productions.