2018
Rm
  2017
Rm
 
29. CONTINGENT LIABILITIES        
  Performance guarantees given to customers, other guarantees and claims        
  From continuing operations 872   578  
  From discontinued operations     207  
  Total group 872   785  
  Buy-back and repurchase commitments not reflected on the statement of financial position        
  From continuing operations 94   102  
  From discontinued operation     24  
  Total group 94   126  
 

During 2018 the Barloworld Equipment division has entered into a 25% risk share agreement with Caterpillar Financial in South Africa and Portugal. The risk share agreement only relates to certain agreed upon customer risk profiles and relates to exposure at default less any recoveries. As at 30 September 2018 the maximum exposure of this guarantee was estimated to be R278 million.

In October 2017, the Barloworld Equipment South Africa (BWE SA) business received notification from the Competition Commission that it is investigating a complaint against the Contractors Plant Hire Association of which Barloworld Equipment was a member. The matter is ongoing but no action has been taken by the Competition Authorities.

The company and its subsidiaries are continuously subject to various tax and customs audits in the territories in which it operates. While in most cases the companies are able to successfully defend the tax positions taken, the outcomes of some of the audits are being disputed. Where, based on our own judgement and the advice of external legal counsel, we believe there is a probable likelihood of the group being found liable, adequate provisions have been recognised in the financial statements. The Namibian Directorate Customs and Excise performed an audit on the import and export records of Barloworld’s rental business in-country. Resulting from this audit, the company received notice of the Directorate Customs and Excise’s intention to impose a penalty relating to the immediate availability of certain original customs documentation. This matter is ongoing. At the date of this report, management was unable to conclude on the possible outcome of certain tax and customs matters, nor could management reliably measure the potential financial impact at this stage.