Sourceworks (Pty) Ltd v Datacentrix (Pty) Ltd (2024/065728) [2025] ZAGPJHC 470 (19 May 2025)

Sourceworks (Pty) Ltd v Datacentrix (Pty) Ltd (2024/065728) [2025] ZAGPJHC 470 (19 May 2025)

The court found that the undertaking to remove Mr. Mosiane from the Transnet project was not binding, as there was no mutual intent or unconditional acceptance between Sourceworx and Datacentrix. Even if binding, such an undertaking would be contrary to public policy, as it would allow companies to trade in an employee's working conditions without the employee's consent, infringing constitutional protections against forced labour and servitude. The court further held that Sourceworx failed to demonstrate a protectable interest or irreparable harm necessary for interdictory relief, as no proprietary information or legitimate business interest was identified. Additionally, Mr. Mosiane had a...

Citation
[2025] ZAGPJHC 470
Parties
Applicant: Sourceworx (Pty) Ltd; Respondent: Datacentrix (Pty) Ltd; Respondent: Khumo Jacob Mosiane
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
19 May 2025
Case Number
2024/065728
Procedural Posture
Urgent Application / Final Judgment on Main and Interlocutory Applications
Outcome
Both the application to refer the matter for oral evidence and the main application are dismissed. Costs follow the result, taxed on the 'B' scale.
Judges
S D J Wilson
Legal Topics
Restraint of Trade, Public Policy, Joinder, Interdictory Relief
Labour Law Civil Procedure Restraint of Trade Public Policy Joinder Interdictory Relief

Case Brief

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Parties

Sourceworx (Pty) Ltd

Applicant

Datacentrix (Pty) Ltd

Respondent

Khumo Jacob Mosiane

Respondent

Procedural Posture

Urgent Application / Final Judgment on Main and Interlocutory Applications

Legal Issues

  1. 1 Whether an agreement between two companies to alter an employee's working conditions, absent an enforceable restraint of trade, is contrary to public policy.
  2. 2 Whether the undertaking to remove Mr. Mosiane from the Transnet project is binding and enforceable.
  3. 3 Whether Sourceworx has met the requirements for interdictory relief.

Ratio Decidendi

The court found that the undertaking to remove Mr. Mosiane from the Transnet project was not binding, as there was no mutual intent or unconditional acceptance between Sourceworx and Datacentrix. Even if binding, such an undertaking would be contrary to public policy, as it would allow companies to trade in an employee's working conditions without the employee's consent, infringing constitutional protections against forced labour and servitude. The court further held that Sourceworx failed to demonstrate a protectable interest or irreparable harm necessary for interdictory relief, as no proprietary information or legitimate business interest was identified. Additionally, Mr. Mosiane had a...

Court Disposition

Both the application to refer the matter for oral evidence and the main application are dismissed. Costs follow the result, taxed on the 'B' scale.

Orders

  • Khumo Jacob Mosiane is joined as the second respondent in these proceedings.
  • The application to refer the matter for the hearing of oral evidence is dismissed.