South Africa Case Law

Lifman v Director of Public Prosecution Western Cape - Bail Appeal (CC35/2021)

Lifman v Director of Public Prosecution Western Cape - Bail Appeal (CC35/2021) [2023] ZAWCHC 302; 2024 (1) SACR 188 (WCC) (27 November 2023)

Court

Western Cape High Court, Cape Town

Case number

CC35/2021

Judge

Lekhuleni

The court found that the applicant failed to demonstrate, on a balance of probabilities, that amending his bail conditions to allow the return of his passport would be in the interests of justice. The seriousness of the charges, including murder and organised crime, and the potential sentence of life imprisonment, create a substantial risk of absconding if the applicant is permitted to travel internationally. The applicant's assertion that he would not abscond is insufficient, especially given the existence of another accused in Turkey whom the State has been unable to extradite. The court no…

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• Bail Conditions
• Flight Risk
• Prevention Of Organised Crime Act
• Constitutional Rights
• Balance Of Interests

Shoprite Checkers (Pty) Ltd v Johnson and Others (C 661/2022)

Shoprite Checkers (Pty) Ltd v Johnson and Others (C 661/2022) [2023] ZALCCT 55; (2023) 44 ILJ 906 (LC) (16 February 2023)

Court

Labour Court Cape Town

Case number

C 661/2022

Judge

Lagrange

The court found that Johnson's employment with OneCart would technically breach the restraint of trade clause in his Shoprite contract, as OneCart's business falls within the ambit of the restraint by virtue of its role as an agent for Shoprite's competitors in the digital marketplace. However, the court held that the confidential information Johnson was exposed to was largely generic, public-facing, or of limited strategic value to OneCart, and did not outweigh his right to take up new employment. The restraint, while breached, was not reasonable to enforce in the circumstances, as the propr…

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• Restraint Of Trade
• Confidential Information
• Employment Contract
• Ecommerce Competition
• Enforceability Of Restraint
• Balance Of Interests

Gauteng Boxing Promotors Association and Another v Wysoke (2022/11789)

Gauteng Boxing Promotors Association and Another v Wysoke (2022/11789) [2022] ZAGPJHC 312 (26 April 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2022/11789

Judge

Molahlehi

The High Court found a restraint of trade against a former employee unreasonable because it covered all of South Africa and was too broad to justify enforcement.

• Restraint Of Trade
• Enforceability Of Contracts
• Proprietary Interest
• Public Policy
• Balance Of Interests
• Restraint-of-trade

Nyembe and Another v S (CA&R67/2019)

Nyembe and Another v S (CA&R67/2019) [2019] ZAECMHC 78 (8 November 2019)

Court

Eastern Cape High Court, Mthatha

Case number

CA&R67/2019

Judge

H. S. Toni

High Court appeal against refusal of bail in a Schedule 6 murder case was upheld after the court found material misdirection and granted bail.

• Bail Application
• Exceptional Circumstances
• Onus Of Proof
• Schedule 6 Offences
• Balance Of Interests
• Bail-appeal

Bavisa v S (27/26/18)

Bavisa v S (27/26/18) [2018] ZAECPEHC 83 (2 October 2018)

Court

Eastern Cape High Court, Port Elizabeth

Case number

27/26/18

Judge

Toni

High Court appeal against refusal of bail upheld, with bail granted on conditions after finding the magistrate misdirected himself and delays were excessive.

• Bail Application
• Exceptional Circumstances
• Constitutional Rights
• Unlawful Detention
• Balance Of Interests
• Bail-appeal

Massmart Holdings Ltd and Others v Vieira and Others (J1945/15)

Massmart Holdings Ltd and Others v Vieira and Others (J1945/15) [2015] ZALCJHB 451 (3 November 2015)

Court

Labour Court Johannesburg

Case number

J1945/15

Judge

Van Niekerk

The court found that Vieira had access to confidential information and strategic business data during his employment with Massmart, which could be of commercial value to JDG Trading, a direct competitor. The restraint agreement was valid and enforceable, but the original 24-month duration was excessive given the nature of the information and industry practices. The court determined that a 12-month restraint period was reasonable, commencing from the date Vieira was suspended and ceased access to confidential information. The court balanced the interests of both parties and found that Vieira w…

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• Restraint Of Trade
• Confidential Information
• Enforceability Of Contracts
• Balance Of Interests