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04 JULY 2023 | INSURANCE LAW The Constitutional Court considered this and delivered a split decision on the debate. Can public policy considerations exclude the enforceability of an exclusion of liability clause? The Constitutional Court, by a narrow majority, says no in this case. On 28 June 2023, the Constitutional Court handed down judgment in the matter of Fujitsu Services Core (Pty) Ltd v Schenker South Africa (Pty) Ltd [2003] ZACC. This case deals with the proper interpretation of an exemption clause in the context of liability for losses suffered as a result of an employee’s theft of a consignment of laptops. The legal considerations in the case were: 1. whether the exemption clauses relied upon can be interpreted as excluding liability for wrongful acts committed outside the contractual context (i.e. theft by an employee); and 2. whether an exemption clause in the contract between parties was contrary to public policy, and therefore unenforceable. FACTS: Fujitsu, an importer, seller and distributor of laptops and related goods concluded a national distribution agreement with Schenker, a company which carries on business as a warehouse operator, freight forwarder, distributor and forwarding agent. The distribution agreement (which was subject to the terms of the South African Association of Freight Forwarders trading terms and conditions) provided that Schenker would collect, clear and carry goods and, thereafter, deliver them to Fujitsu in accordance with Fujitsu’s instructions. The agreement essentially identified two categories of goods which Schenker was permitted to deal with on behalf of Fujitsu: high value and normal, non-high value goods. High value goods included jewellery, precious stones and valuables, amongst other things. Clause 17 of the agreement recorded that Schenker would not accept or deal with high value goods on behalf of Fujitsu unless under special arrangements made in writing in advance. In the event Schenker was required to handle or deal with high value goods without prior written special arrangements, Schenker would not incur any liability “whatsoever”, specifically in respect of its negligent acts or omissions when handling such goods. In 2012, Fujitsu purchased a consignment of laptops and in doing so, it engaged Schenker’s services to assist with the logistics of the consignment, by importing the goods into South Africa and receiving them from the airline. Importantly, no prior special arrangements were made in writing permitting Schenker to deal with the high value goods for Fujitsu. When Fujitsu’s consignment arrived, one of Schenker’s employees collected the consignment of laptops, loaded them into an unmarked car, and never returned to work. Fujitsu instituted a delictual claim against Schenker for damages on the basis that Schenker was vicariously liable for the loss it suffered because of the theft. Schenker argued that it was not liable having regard to the exclusion of liability in clause 17 of the distribution agreement. Fujitsu argued that the exclusion of liability did not apply to intentional conduct such as theft. HIGH COURT The court, of first instance, rejected Schenker’s argument that it was excluded from liability for theft and upheld Fujitsu’s argument that clause 17 did not apply to intentional conduct such as theft. The court held that theft was an act outside the performance of the parties’ contract and the exemption clause did not apply. Put another way, Schenker could not rely on the exemption clause where the contract was not being executed, and if Schenker intended the exclusion clauses to apply to the delictual claim of theft, it ought to have made this clear in the contractual terms, which it held was not contemplated by clause 17. THE SUPREME COURT OF APPEAL (“SCA”) On appeal, the SCA held that the claim against Schenker in respect of the valuable goods was governed by the contractual clauses which excluded liability for any claim of “whatsoever” nature (whether in contract or delict) and whether for damages or otherwise “howsoever arising”. The SCA was of the view that these words should be accorded their ordinary and literal meaning and reasoned that they were “sufficiently wide enough in their ordinary import to draw into the protective scope of the exemption the deliberate and intentional conduct of the employees of Schenker”. The SCA also held that, because the goods were valuables, commercial rationale required that the goods be specified and special arrangements be made with Schenker to enable it to take steps to mitigate the risk of theft or any other potential claim. In the absence of any special arrangements, Schenker would not be liable “whatsoever” (whether in contract or delict) in respect of such goods nor incur liability in respect of its negligent acts or omission. Accordingly, the SCA overturned the decision of the High Court. CONSTITUTIONAL COURT On appeal to the Constitutional Court, the pertinent issue was whether exemption clauses, properly interpreted, exclude liability for a delictual claim for theft by employees. Fujitsu contended that the exemption clause should not be interpreted to exclude liability for theft by Schenker’s employee, especially where the employee’s actions were unlawful and not in accordance with the contract. Fujitsu submitted that on a proper interpretation of the contract, the words no claim “whatsoever” and “howsoever arising” do not include intentional acts. Finally, and although the point was not raised before the High Court or SCA, Fujitsu argued that enforcing a contractual term such as the exclusion from liability would bring exemption clauses out of step with the boni mores of the community and would be contrary to public policy. CONSTITUTIONAL COURT: MAJORITY JUDGMENT Zondo CJ. for the majority held that, on a proper reading of the clause, the loss for which Fujitsu sought to hold Schenker liable was the loss of goods which fell within the goods listed in clause 17. The majority considered Fujitsu’s position (that the clause does not apply to cases of deliberate or intentional conduct such as theft) against the commercial context in which the agreement was concluded and noted the peculiarity of the notion that a freight forwarder, which wanted to protect itself against the risk that may be posed by its employees in the course of dealing or handling the consumer’s goods, would want a clause in a contract that protects it against the risk of negligent conduct by its employees but does not protect it against the risk of intentional conduct such as theft on the part of its employees. On Fujitsu’s logic, Schenker sought to protect itself against a lesser risk and not protect itself against a bigger risk. The majority held that this construction of the agreement was neither sound nor sustainable, as it was not business-like and would not make sense for a businessperson or entity to protect itself against the negligent conduct but not against intentional conduct such as theft. The Court accepted that in terms of clause 17, the parties agreed that prior special arrangements had to have been made in writing before Fujitsu sent valuable goods to Schenker. Put differently, Schenker’s liability in respect of the special category of goods would depend on special arrangements being made before Fujitsu could send such goods to Schenker. The majority was of the view that this deal must be upheld unless there were valid reasons to the contrary. Zondo CJ. for the majority considered Fujitsu’s argument that clause 17 only applies in the execution of the agreement. He held that there was no merit in this submission as, if it were valid, it would mean that Clause 17 would protect Schenker from liability when, for example, its employee acts in accordance with the contract but not so when he or she acts in breach of the contract. The majority held that exemption from liability is required for conduct that is in breach of the contract or law and not for conduct that is in line with the contract and with the law. Even though it was only raised on appeal for the first time, Zondo CJ., considered Fujitsu’s contention that to the extent that clause 17 exempts Schenker from liability for loss arising from the theft of its employees, it is contrary to public policy and is therefore unenforceable. In doing so, he relied on Barkhuizen v Napier in which the Constitutional Court gave meaning to the phrase “public policy” and stated that: “What public policy is and whether a term in a contract is contrary to public policy must now be determined by reference to the values that underlie our constitutional democracy as given expression by the provision of the Bill of Rights. Thus a term in a contract that is inimical to the values enshrined in our constitution is contrary to public policy and is therefore unenforceable” . In addition, the Court elaborated on the public policy considerations and provided that: “Notions of fairness, justice and equity, and reasonableness cannot be separated from public policy. Public policy takes into account the necessity to do simple justice between individuals. Public policy is informed by the concept of ubuntu. It would be contrary to public policy to enforce a time limitation clause that does not afford the person bound by it an adequate and fair opportunity to seek judicial redress. Having regard to Barkhuizen, the majority held that there was nothing unfair or unreasonable about the terms of clause 17. On the contrary, it found that clause 17 was fair to both parties as Schenker agreed not to handle goods generally other than where there were special prior arrangements. This was to avoid the risk in doing so. If Fujitsu chose not to make prior special arrangements in writing with Schenker to handle the special goods, it chose to voluntarily assume the risk that, if something happened to the goods (including if they were stolen), it would be responsible for its choice. On the other hand, if Fujitsu made prior special arrangements with Schenker, Schenker could take out an insurance policy to cover the risk and pass on the cost to its customer by way of a higher fee, but if Fujitsu elected to send high value goods without prior written arrangement, Fujitsu bore that risk. The majority confirmed, as per Barkhuizen, that contracts that have been voluntarily and freely concluded should, as a general rule, be enforced unless there is something contrary to public policy about them. The Court also noted that there was nothing to suggest Fujitsu was in a weaker bargaining position than Schenker when the agreement was concluded. Accordingly, the majority held that there was nothing unfair or unreasonable about clause 17 and for that reason, it was found not to be contrary to public policy. In arriving at this conclusion, the Court considered various authorities which reject the proposition that it is contrary to public policy to have a clause in a contract which exempts one of the parties from liability for loss arising from the intentional conduct of its employees such as theft. In Goodman Brothers the clause in the contract was similar to clause 17 in substance, and the question was whether the clause absolved a contracting party (the respondent) from any liability to the other when goods were stolen by employees of the respondent. The Court in Goodman held that the theft by the servant is not theft by the employer - the theft is not for the benefit of the employer but for the benefit of the employee. To allow the employer to rely on a clause excluding liability for theft of an employee would not encourage theft, as the risk of theft being committed is the same regardless of whether the exemption clause is in place. The Court (in agreement with the Full Court in Goodman Brothers) held that there was nothing contrary to public policy with two contracting parties agreeing on exemption of the one party to the agreement from liability and leaving it to the other party to take out an insurance policy, should it wish to do so. Further, the majority relied on the decision in Fibre Spinners v Weavers where the SCA drew a distinction between an exemption clause purporting to exempt a party from liability for loss or damage arising from its own wilful conduct (in which such a clause would not be enforceable as it would be contrary to public policy) versus a situation where an exemption clause exempted an employer for liability for loss or damage to property arising from the wilful misconduct (e.g. theft) of its employees or agents. The SCA accepted, even by implication, that a clause in a contract that exempted a contracting party from liability for loss arising from the wilful misconduct of its employees such as theft is not contrary to public policy. Zondo CJ., for the majority, concluded that the making of prior special arrangements in writing by Fujitsu with Schenker before Fujitsu could send valuable goods to Schenker was a condition precedent to Schenker’s liability for anything that happened to those goods, including theft. Once it is accepted (as it was), that Schenker did not make prior written special arrangements, the condition precedent for Schenker’s liability has not been met or complied with and therefore Schenker is not liable. Accordingly, the Constitutional Court ruled that the SCA’s decision was correct and the appeal was dismissed. CONSTITUTIONAL COURT: MINORITY JUDGMENT Although the majority dismissed the appeal, the minority judgment penned by Mathopo J. held that, had he commanded the majority, he would have set aside the decision of the SCA. Mathopo J. disagreed with the majority’s interpretation of clause 17, which in his view was not anchored in the proper interpretation of contractual principles. He noted that the matter was essentially one of interpretation and the common intention of the parties must be ascertained from the language of the contract, which must be given its ordinary and grammatical meaning unless it would result in absurdity, repugnancy or inconsistency with the rest of the instrument. The minority, per Mathopo J., were of the view that it was remiss to focus on individual elements of the contract and interpret them in piecemeal fashion. In order to ascertain the purpose of the clause under consideration, the correct approach was to consider the purpose of the agreement on the one hand and on the other, to ensure that a contextual approach to the proper interpretation of the exemption clause was not ignored. The minority took the view that the literal interpretation of clause 17 involved a radical departure from the proper interpretation of the contract as it would have allowed Schenker to benefit from the unlawful conduct of its employees, in conflict with other provisions of the contract. Dealing with the qualifying phrases “of whatsoever” nature, “any such goods” and “howsoever arising”, the minority disagreed with Schenker’s submission that the words should be understood to mean that no liability for any claim of whatsoever nature – whether in contract or delict – would arise under such circumstances. The minority held that even if it was accepted that the qualifying words or phrases limited the liability of Schenker, there was no compelling reason to include theft from the exclusion of liability prescribed in the contract, as theft did not constitute the performance of the contract that required Schenker to collect and deliver the goods to or on behalf of Fujitsu. Ultimately, the minority concluded that Schenker’s appeal ought to be dismissed as clause 17 was not applicable to intentional conduct such as theft and it only applied to situations where the loss occurred in the performance or execution of the contract between the parties. If clause 17 applied, the minority reasoned it would be contrary to public policy as the clause would operate to prevent Fujitsu from obtaining judicial redress which would otherwise have been available to it, and enforcing an agreement in such circumstances would offend the principles of good faith and fairness. Further, any contract which envisioned and tolerated theft would be contrary to the doctrine of legality and public policy. CONCLUSION In conclusion, although the majority found that the exemption clause was not contrary to public policy, and was therefore enforceable, it is evident from the minority’s judgment that future circumstances and facts may very well present another opportunity for the Court to depart from this judgment and find that an exemption clause may be unenforceable. It is also evident from this judgment that broad and generic wording which aims to cast the net as wide as possible is not always the prudent approach. Contracting parties ought to ensure that any exemption or limitation of liability clauses are clear and unambiguous. The wording should also make it clear that the clause excludes liability for wrongful acts committed outside the contractual context, if this is the intention of the parties.

East Coast Radio (ECR) has partnered with business growth specialist Pavlo Phitidis on a campaign to highlight the vital importance that established businesses hold for KZN’s growth and prosperity. Called The KZN Future50 , this weekly radio feature takes the shape of a conversation between Pavlo and hosts Darren Maule and Sky Tshabalala featuring the KZN business of the week. Applications are now open for businesses who would like to be featured. Why become a KZN Future50 business? The intention is to support the business community, so this comes at no cost (yes, really). Exposure to ECR’s 1,3 million listeners at 7.50am, Monday morning peak traffic radio Exposure on their website (600 000+ unique users) & Facebook (470k followers) Get the people of KZN focused on what your business needs to get to its next level Be one of only fifty KZN business to watch The conversation will be about your business, what it does, why that matters and a call out to the audience to get behind your success and growth. If your next level growth opportunity is, amongst others, more customers, a funder, a key supplier, a specialist employee, access to information, or a listing with a retailer, Pavlo will extract it from the listeners and bring it home to you. Click here to hear examples, and apply HERE

By Desire Weaver (Business Leader) Growing up in a rural area in South Africa, and as a young girl, dreams of a life being a business owner seemed farfetched. However, after relocating to the city at the age of 15 years old, an exciting word of seemingly endless possibilities was introduced to me. Abafazi Logistics Management became that possibility in 2011, after I had acknowledged my potential in the business world, and within the logistics industry. My experience and reputation after 16 years in the industry motivated me to venture out and create my own business. With the support of my spouse, nothing was going to stand in my way to pave my own path as a successful entrepreneur in South Africa. Obstacles were inevitable, but my reputation and knowledge of the courier world kept me grounded. I decided to dive into this venture with all my heart and was determined to make it a success. I was blessed with positive credit references from people who believed in me. I left a permanent job which had huge potential. Some companies who trusted me, moved with me, as they wanted to show their commitment and loyalty. With the faith of these clients supporting me, and the encouragement of my ex-employer who soon became a supplier to Abafazi, I was able to start my business development journey. Abafazi Logistics Management is a 100% black woman owned EME Logistics Management Company, providing high-quality end-to-end logistics management services. Through our effective courier networks and industry partnerships we are able to provide an exceptional, value adding, and reliable service at competitive rates. Abafazi’s service includes our signature “one-source personalised service”, making it easy for our customers to effectively manage their courier needs and related administration. Our online administration system connects directly to our various service providers, helping us to track our clients' shipments at all times of the day. With our online administrative system, we are able to assist clients immediately with any queries or specific requirements. Abafazi Logistics Management is dedicated to exceptional communication with our clients, and we regard this as an important pillar of our business ethos. We understand the importance of getting it right first time – every time, and this is our mission. Because we take the time to understand our clients’ requirements, we are able to provide tailor-made services to suit their business needs and budget. Our customer centred approach has enabled Abafazi to identify innovative service solutions that help us to meet the changing needs of the industry and our customers. Through our commitment to customers and focus on exceptional service, we believe that Abafazi will build long term client relationships, based on confidence and trust. We are proud to be associated with many different clients from many different industries. Each of these clients will testify to our dedication and commitment in meeting tight deadlines, and in always ensuring exceptional communication. Abafazi recently was included in the 2022-3 Motus Business Fit Enterprise Development and Transformation Programme. This was an important and exciting time of growth and development for me. I gained much value from the programme by putting my heart into the process. It was a pleasure to receive support and encouragement from an appointed business mentor. It has been a great honour for me and Abafazi to be selected onto the Motus ESD Transformation Programme. Words from Desire Weaver: I love my business. My team and I do our best each day to ensure our customers are professionally serviced, and that their goods arrive “on time and in good condition”. I really want to grow my business, and believe I have the right attitude, organisational culture, and systems to support this growth. My mentor has helped me to gain confidence in believing that I have a good business, and that my estimated growth targets are possible. The BusinessFit team appointed by Motus helped me to structure my business in such a way that it has encourage me to think about the many critical aspects of my business. I have grown to understand my business better, and to better understand all that is needed to take my business to the next level. I now have confidence to introduce Abafazi Logistics Management as a capable logistics management service provider to the world at large. I am very grateful for the many opportunities I have had to learn about logistics management and business. I look forward to taking the knowledge I have gained over the past 12 years as a business owner within the logistics industry, and the golden nuggets of information I gained from the Motus BusinessFit mentoring process and using this experience and information to develop Abafazi Logistics Management further. Through the BusinessFit mentoring methodology, I learned to follow a defined set of principles, intending to create a compliant, productive, ethical, engaged, risk free, and sustainable business. My team and I at Abafazi look forward to working with companies from across South Africa and across the globe, to sharing with them our passion for exceptional logistics management services, and to adding value in their courier and logistics management requirements. Please contact Desire Weaver desire@abafazilogistics.co.za to hear how Abafazi Logistics Management can help you with your businesses courier needs.

The Bank Sector Education and Training Authority (BANKSETA) has awarded bursaries worth millions of Rands to deserving UKZN students since 2019. Students who benefitted recently are in the School of Accounting, Economics and Finance (SAEF) at the College of Law and Management Studies under the Dean and Head of School, Professor Mabutho Sibanda. BANKSETA promotes transformation and skills development for individuals in the banking sector which is essential for the creation of prosperity generally. The Authority donated R8,4 million towards the development of 111 SAEF postgraduate students in 2019 while this year it has awarded bursaries worth more than R3 million to SAEF and School of Education candidates. The awards make a significant difference to the life of each recipient while also helping to uplift their families and communities. BANKSETA bursary holders thanked the Authority for its support. Fourth-year Finance student Ms Juhi Bhaan was financially dependent on her single mother, proving to be stressful. ‘BANKSETA funding was such a relief for me and my mum – it lifted a weight off our shoulders. I am very thankful and will forever remember this support and contribution towards my education and personal development,’ she said. Postgraduate Diploma in Accounting candidate Mr Okuhle Dlame said high travel costs had been among several challenges he faced. ‘Another huge concern for me was whether my mum would be able to pay my tuition fees in time for me to receive my final results. BANKSETA has covered all my expenses including tuition fees, transport and even data enabling me to attend online lectures. Thank you BANKSETA for improving my financial knowledge through informative webinars and for making my dream of being a Chartered Accountant a step closer to coming true.’ The cooperation and generous support provided to UKZN and its students by BANKSETA are highly appreciated.

Building a brand takes effort and a deep understanding of your values and customers. In my latest article, I share practical insights on creating a brand that resonates and grows. From understanding your customers’ values to crafting a consistent experience. What is a brand, have you built your business into one, why does it matter, how do you do it? Building a brand is a process that takes time, effort, and a clear understanding of what you want your brand to represent. It all starts with your first engagement in the market, whether through a product or a person. This initial engagement ignites the first transaction, which provides you with valuable insights into the market and helps you learn about yourself in relation to what you are doing. As you continue to engage with customers, pay attention to those who come back for more and whom you enjoy serving. Double down on them as an affinity for the customers that matter is as important as an affinity for the product. Take the time to understand the values of the customers you enjoy serving and what matters most to them beyond transactions. Building relationships and getting the voice of the customer can help you tailor your brand to meet their needs. Your brand’s personality should match the values of the customers you enjoy serving. This alignment of values and value helps build trust, which is crucial in establishing a brand. Define the experience you want your customers, employees, suppliers, and the media to have in relation to this brand personality. Avoid the trap of trying to be everything to everyone, as this leads to a lack of focus and can dilute your brand. Craft an experience that can be reliably, predictably, and consistently delivered without you. Unless you create a relatable and repeatable experience that can scale, you cannot grow, and you cannot build momentum behind the brand. Recruit a team that transcends the functional activity you are trying to fill. Look for people who match the activities of the job that needs to be done, and then focus on values. An excellent team can help you scale your brand and provide the experience you want your customers to have. And then invest in your brand. If it’s a secret, and nobody knows about it, where is its value? Make sure people know about your brand by investing in marketing, advertising, and other promotional efforts. Finally, it’s essential to live and lead your brand. You are the custodian of your brand, and it’s up to you to ensure that your team understands the values and personality that your brand represents. As you live your brand, you’ll attract the right customers, employees, and suppliers, which will help you continue to grow and build momentum behind your brand. Building a brand is a journey, but by focusing on your customers, their values, and creating a consistent experience, you can build a brand that lasts. It’s up to you to invest in your brand, recruit the right team, and live and lead your brand to success. For more information contact Johan Taljaard T: +27 (0)31 880 2244 E: johan@aurik.co.za W: www.aurik.com

The winter solstice has past and we can again look forward to longer hours of sunshine (and shorter nights). In addition, this point on the solar calendar provides a good opportunity to set some intentions for the next half of the year. Many of the articles in this edition of Business Sense should provide some motivation to make some changes. On the front cover is Innovate Durban CEO, Aurelia Albert. By supporting and nurturing local talent, Albert aims to position Durban and the KZN region as leaders of innovation in South Africa. Page 3 In addition, says Liesel Kassier of TWIMS, to remain operational and resilient, businesses must find innovative solutions to ride out the loadshedding storm. Page 9. The KwaZulu-Natal Industrial Technology Exhibition (KITE), being held at the Durban Exhibition Centre between 18 and 20 July 2023, is an interactive hub for attendees to increase their knowledge and understanding of current industrial technology trends and legislation. Page 6. The importance of building a brand is unpacked by Aurik CEO, Pavlo Phitidis, who asks, “What is brand? Have you built your business into one, why does it matter, how do you do it?” Page 4. For those business owners, who among other needs, want to increase their brand’s visibility, Marlene Powell provides a solution for business owner through the C.A.R.E. ecosystem. Page 5. Jacquie Bhana will assist in helping her clients to confidently move forward, unencumbered by any feeling of being fake. Page 8. One of the highlights of the annual Standard Bank KZN Top Business Awards is the public competition to see who will win the much-desired accolade of being the top brand in the province. Page 7 . The BPO (Business Process Outsourcing) industry, led by Nutun, specialists in digital business services, has stepped forward as the shining star of realising the potential for South Africa’s unemployed. Page 10. Formulate a policy in the workplace governing sick leave for employees and give guidance to employees on what activities are acceptable, explains Johan van Deventer. Page 4. What better way to honour Youth Day than to inspire South Africans with moving accounts of today’s brave youngsters. Page 12. And world over, the term sustainability has become a buzzword, an ideal to focus on, and a positive step forward for business, our economy, and the greater good of mankind. Page 16. So get moving and we look forward to hearing of your successes.

World Oceans Day (8 June) was commemorated by the inaugural Ocean Festival on the KZN South Coast from 8 to 11 June. Forming part of the Ocean Festival programme was an ocean-themed mural crafted by renowned local artist, Giffy Duminy – with empowering partner Apex Environmental - which has brightened up the bridge to Premier Resort Cutty Sark in Scottburgh, the location for the festival. Commenting on the mural, Giffy said: “I have been very inspired by the many good people in KZN conservation for what they do to protect our local environment from modern threats. The Ocean Festival is a really great initiative that celebrates the ocean over World Oceans Day, it serves to remind us why it’s important to connect with the ocean to save it. This mural features some of my favourite marine life and celebrates the shallow reefs close to Scottburgh, inspired by the Marine Protected Area of Aliwal Shoal where I have been lucky to enjoy some incredible dives. We have such incredible biodiversity in our part of the world, and it is most definitely worth celebrating. I hope my mural sparks some fascination and questions about our beautiful ocean - the lungs of the planet and a source for so many.” The mural, which was arranged and overseen by the Ocean Festival organisers, has not only beautified the area, but emphasises the long-term impact of the Ocean Festival which is centred on the concept: ‘Be the change you want to be.’ Visitors to this year’s Ocean Festival got the chance to catch Giffy complete the mural, as well as engage in several great activities. These included the Halfway Toyota Beach Clean-up, Mahlongwa River Clean-up, Ocean Festival conservation talks, mountain bike ride, the Cutty Sark Pro presented by SMTH Shapes surf contest, the Leatherback Surfski Challenge, and Live Music featuring Qadasi & Maqhinga. Visit www.oceanfestival.co.za for more information.

Think of a situation where you or a member of your family suddenly experiences extreme tooth pain, has a swollen mouth, has a loose tooth or accidently knocks out a tooth. These are emergencies that cannot wait for a regular dentist appointment. Dental injuries also carry the risk of infections and faster treatment means that any additional health issues can be avoided. So, besides ensuring quick pain relief and assistance for your injury, emergency care will significantly reduce the potential or continued side effects of an injury or infection. In situations such as these, the quicker that you get medical help, the sooner the problem (and pain) will be resolved. If your dentist does not have an after-hour service, you need to familiarise yourself with a dental clinic such as Crown Dental Studio, that apart from standard dentistry, is equipped to handle such cases. We are able to assist at any time of day or night, seven days a week. WHEN WOULD YOU NEED TO VISIT AN EMERGENCY DENTIST? Chipped or Broken Tooth If you experience a broken tooth, having the extent of damage assessed so as to provide a suitable solution is important. An untreated broken tooth can sometimes lead to infections such as sepsis or osteomyelitis which is an infection of the bone. You may also develop an abscess which is very painful. Knocked Out Tooth An emergency dentist ensures that you receive faster treatment, which will make a big difference between whether or not your tooth is saved or lost. A knocked-out tooth may not always be lost for good. If you can get assistance, a dentist can successfully replant the tooth. However, you need to act quickly. Find the lost tooth, try to keep it in your mouth or place it in some milk, and get to a dental clinic to see what can be done to help. Dentists will also check to see if the tooth was completely knocked out and that no parts of the root are still attached. Thereafter a suitable course of action will be offered. Tooth Abscess A tooth abscess can cause throbbing pain. The main goal of treatment is to eliminate the infection. To achieve this, the emergency dentist may open up and drain the abscess. The dentist will have to make a small cut into the abscess to allow the pus to drain out. The area will then be washed with saltwater or saline. If a problem with your tooth has caused the abscess, you may need root canal treatment, or the tooth may have to be removed. You will also be prescribed pain killers and possibly a course of antibiotics. Failure to treat an abscessed tooth can lead to severe complications. Lost Filling or Crown Fillings or crowns are meant to protect already damaged teeth. Seeking immediate help when you notice that they are missing is important. Often, a missing crown or filling could be an indication of an underlying problem such as a cavity. There is also the danger of increased sensitivity to the affected tooth and further deterioration. Post-Dental Surgery Complications In case you notice anything out of the normal after a dental procedure – such as swelling, redness or pain – make sure to immediately visit a dentist to determine if the recovery process is going well. This is especially important for surgery treatments as it could be an indication of an infection. The staff at Crown Dental Studio understand the urgency and necessity of emergency dentistry services and will strive to accommodate you in the shortest possible time. Our dental rooms are well equipped with the latest dental technology, which ensures that we are able to provide wide-ranging services. We pride ourselves in providing professional, personalised After an emergency, we will refer you back to your regular dentist for continued follow-up. Crown Dental Studio is one of the few truly 24-hour dental practises in Durban as this is not limited to emergency dentistry treatment. New Address: 26 Mackeurtan Avenue, Durban North. T: +27 (0)81 207 8621 E: info@dramod.co.za W: www.dramod.co.za

Youth Day commemorates the Soweto Uprising in 1976, a reminder of the courageous scholars who fought for freedom and equality. What better way to honour their memory than to inspire South Africans with moving accounts of today’s brave youngsters. One such story is that of Smangele Chiyi. Growing up in KwaZulu Natal, Smangele seized every opportunity life presented. At school, she was involved in drama and sports, including athletics and netball. She strived to be a great role model for others but more than anything, she wanted to make her family proud. “My life suddenly changed forever in December 2017 when I visited my family in Johannesburg,” Smangele shares. “I went to a shop and was caught up in a robbery by four armed men. I remember hearing gunshots and falling to the floor covered in blood.” Smangele’s injuries were severe; she fought for her life in intensive care for two weeks. She pulled through but was paralysed from the waist down and when she was finally discharged from hospital, she faced the daunting task of rebuilding her life. “In February 2018, I started rehabilitation at the Natalspruit Hospital in Gauteng, and although I was scared, I told myself that I could get through this. The support I got from my fellow patients who also faced various life challenges was a big part of my recovery,” she says. With the guidance of social workers, psychologists and physiotherapists, Smangele began to heal and eventually, she was able to go home. But she says her return was met with mixed reactions. “My family didn’t know how to respond towards me. I had to assure them that even though I was in a wheelchair, I was not a different person, just differently abled,” Smangele explains. Fuelled by her own experiences, Smangele has made it her mission to inspire people with disabilities and those who are differently abled. Leading by example, Smangele is currently a learner at EduPower Skills Academy where she is doing a 12-month Learnership Programme: Contact Centre Level 3. In addition, Smangele has excelled in sports and she is the only woman to qualify for the Pietermaritzburg-based wheelchair basketball team, the Warriors. Smangele’s outstanding skills have earned her a place on the National Senior Women’s Wheelchair Basketball team (the AmaWheelie Girls) that will be participating in the African Para Games in Ghana in September. Smangele, an inspiration to all who encounter her, proves that with passion, determination, and a courageous mindset, it is possible to conquer adversity, rise above it, and achieve against all odds when fuelled by unwavering determination and self-belief. www.edupower.co.za

Eswatini Air, the national carrier of the Kingdom of Eswatini, has launched a new route between King Mswati III International Airport in Manzini, Eswatini, and King Shaka International Airport in Durban, South Africa. The route commenced operations on 5 May 2023. The route will be operated by an Embraer ERJ 145 aircraft with a maximum capacity of 50 passengers, and initially, three flights per week will be available on Mondays, Thursdays, and Saturdays, with plans to increase frequencies to seven times a week from June 2023, based on demand. Speaking about the new route, Mr Siboniso Duma the MEC for Economic Development, Tourism and Environmental Affairs and the leader of Government Business in KwaZulu-Natal said, “We are pleased to announce the launch of our new route between Eswatini and Durban. This route not only enhances the tourism potential between the two destinations but also strengthens trade relations. Eswatini is one of the key regional tourism markets and shares strong historical and cultural ties with the province of KwaZulu-Natal. Pre-pandemic, tourist arrivals from Eswatini averaged 290 000 per annum and in 2022 tourist arrivals demonstrated a strong recovery of 89%. This presents an exciting opportunity for Eswatini Air to grow as a partner in accelerating the recovery of tourism between the two destinations.” The introduction of this new route is expected to facilitate trade between KwaZulu-Natal and Eswatini, further strengthening the already strong economic relations between the two destinations. According to the World Bank, over 60% of exports from Eswatini come to South Africa, and over 80% of Eswatini’s imports come from South Africa. The new route will also provide a significant boost to the regional tourism market, with Eswatini being one of the key regional tourism markets and having strong historical and cultural ties with the province of KwaZulu-Natal. Deputy Chairperson of Economic Development and Planning Committee in eThekwini, Councillor Phili Ndlovu said, “We are excited about the launch of this new route into Durban as we work to drive the recovery of our tourism sector. As the eThekwini Municipality, we look forward to working closely with Eswatini Air, by creating awareness of the new route and providing support to the airline in an effort to demonstrate our commitment to strengthening relationships with our African counterparts and showing the socio-economic benefits of making tourism a priority in achieving a development agenda. Attracting more direct airlines to eThekwini remains key in order to boost tourism and trade.” To celebrate the launch of the new route, the government of KwaZulu-Natal and Eswatini Air, hosted a delegation of 40 Eswatini dignitaries on board the inaugural flight, which included the Minister of Public Works and Transport, the Minister of Tourism, key media, and select tour operators, in order to facilitate both tourism and trade on the new route. Mr Nkosinathi Myataza, ACSA Regional General Manager at King Shaka International Airport concluded by saying, “The inaugural flight reinforces the importance of the aviation industry and how it remains a key mode of transport, generating significant benefits for an economy, by enabling tourism and trade, more significant in the context of the IAfCTA (African Continental Free Trade Area). But more so, connecting friends and relatives of these two countries especially the KZN Region with a long history of fraternal relations. It can also not escape us that this is Africa month where we celebrate our continent.” www.invest.durban

A group of aspirant exporters recently flew the flag for the Pietermaritzburg and Midlands Chamber of Business at the closing event of the Global Export Accelerator Partnership (GEAP) programme in Cape Town. The group joined their colleagues from the three other participating chambers – Cape Town, Nelson Mandela Bay (Gqeberha/Port Elizabeth), and Johannesburg – to draw the curtain on a year-long programme to train about 150 black-owned small- and medium size enterprises to enter global markets. The participants completed a year of rigorous export training, dedicated mentorship sessions and market linkage activities in the GEAP programme. The initiative was made possible through the Employment and Skills for Development in Africa (E4D) Programme, funded by the German Federal Ministry for Economic Cooperation and Development (BMZ) and implemented by the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH. The event at the Cape Town International Convention Centre (CTICC) saw participants exhibit their offerings, and they were provided the opportunity to network with entrepreneurs, corporates interested in diversifying their supply chains, and funders interested in funding entrepreneurs and supporting the ongoing rollout of the GEAP programme. The programme included panel discussions on SME access to target-markets, government support, and finance. W: www.pmcb.org.za