South Africa Case Law

Scholtz and Another v TMA Express Road (Pty) Ltd and Another (2025/071413)

Scholtz and Another v TMA Express Road (Pty) Ltd and Another (2025/071413) [2025] ZAGPJHC 750 (4 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/071413

Judge

DJ Smit

The court held that the restraint of trade clause was not overly broad, as its purpose is to prevent a former employee from exploiting customer connections, and the collateral effect of prohibiting dealings with new customers is justified. The order did not create a new contract but reflected the wide ambit of the restraint clause itself. The court found that a reasonable apprehension of harm, rather than proof of actual breach, is sufficient for a final interdict regarding confidential information. The facts demonstrated a risk of harm, including Mr Scholtz's possession and use of customer c…

Source excerpt

• Restraint Of Trade
• Confidential Information
• Final Interdict
• Urgent Application

Future Packaging and Machinery (Pty) Ltd v Polti and Others (2025/034079)

Future Packaging and Machinery (Pty) Ltd v Polti and Others (2025/034079) [2025] ZALCJHB 322 (14 July 2025)

Court

Labour Court Johannesburg

Case number

2025/034079

Judge

AH Shene

The Labour Court enforced a restraint of trade and confidentiality agreement against a former senior employee, but limited the restraint to two years from suspension.

• Restraint Of Trade
• Confidential Information
• Enforcement Of Contract
• Customer Connections
• Restraint-of-trade
• Confidential-information

Technical Systems (Pty) Ltd and Another v RTS Industries and Others (17470/2014)

Technical Systems (Pty) Ltd and Another v RTS Industries and Others (17470/2014) [2025] ZAWCHC 292 (14 July 2025)

Court

Western Cape High Court, Cape Town

Case number

17470/2014

Judge

Nuku

The High Court ordered the respondents to pay party-and-party costs after the merits were settled, finding their abandonment of the plant justified a costs award.

• Costs Award
• Confidential Information
• Copyright Infringement
• Interdictory Relief
• Expert Evidence
• Settlement Of Dispute

ADP Marine & Modular Proprietary Limited v Rocher and Others (5701/2022)

ADP Marine & Modular Proprietary Limited v Rocher and Others (5701/2022) [2025] ZAWCHC 281 (9 July 2025)

Court

Western Cape High Court, Cape Town

Case number

5701/2022

Judge

Sipunzi

The court found that the applicant failed to demonstrate any necessity or urgency for repeated preservation relief, as the Anton Pillar order of 25 July 2023 already secured the preservation of the seized information and documentation in the custody of the Sheriff. No evidence of threat or interference was presented. Regarding the request to use the seized material for criminal complaints, the court held that the SAPS has sufficient statutory mechanisms to obtain evidence for criminal investigations, and it is not the role of the civil court to dictate or facilitate the use of such material i…

Source excerpt

• Anton Pillar Order
• Preservation Of Evidence
• Copyright Infringement
• Confidential Information
• Discovery Procedure
• Criminal Complaint Utilisation

Voltex (Pty) Ltd v Venkatas and Others (D8229/2024)

Voltex (Pty) Ltd v Venkatas and Others (D8229/2024) [2025] ZAKZDHC 41 (9 July 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D8229/2024

Judge

Masipa

The High Court discharged a rule nisi enforcing a restraint of trade because the restraint period had expired, but ordered the respondents to pay costs.

• Restraint Of Trade
• Confidential Information
• Interim Interdict
• Costs In Motion Proceedings
• Restraint-of-trade
• Mootness

Van den Berg Water (Pty) Ltd t/a Oasis Water Lynnwood and Others v Oasis Water (Pty) Ltd and Another (989/2023; 988/2023; 1120/2023)

Van den Berg Water (Pty) Ltd t/a Oasis Water Lynnwood and Others v Oasis Water (Pty) Ltd and Another (989/2023; 988/2023; 1120/2023) [2025] ZASCA 98 (4 July 2025)

Court

Supreme Court of Appeal

Case number

989/2023; 988/2023; 1120/2023

Judges

Schippers, Nicholls, Meyer, Kgoele, Phatshoane

The Supreme Court of Appeal held that the post-termination provisions in the franchise agreements were clear and enforceable, requiring franchisees to return all proprietary materials, signage, and cease using Oasis' business system and intellectual property. The evidence established that the franchisees retained and used confidential information, client lists, and marketing strategies gained during the franchise period, and continued to exploit Oasis' business system after termination. The constitutional defences and CPA-based arguments were either not properly pleaded or unsupported by evid…

Source excerpt

• Franchise Agreements
• Post Termination Obligations
• Consumer Protection Act
• Confidential Information
• Trade Secrets
• Unlawful Competition

TWK AGRI (Pty) Ltd v De Lange and Another (2025/072515)

TWK AGRI (Pty) Ltd v De Lange and Another (2025/072515) [2025] ZALCJHB 294 (30 June 2025)

Court

Labour Court Johannesburg

Case number

2025/072515

Judge

Daniels

The Labour Court granted an urgent final interdict enforcing a restraint of trade and confidentiality undertaking against a former insurance broker.

• Restraint Of Trade
• Confidential Information
• Final Interdict
• Employment Contract
• Solicitation Of Clients
• Restraint-of-trade

TMA Express Road and Another v Scholtz and Another (2025/071413)

TMA Express Road and Another v Scholtz and Another (2025/071413) [2025] ZAGPJHC 636 (25 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/071413

Judge

Smit

The High Court upheld a restraint and confidentiality claim against a former logistics manager, enforcing a 12-month restriction and granting a final interdict.

• Restraint Of Trade
• Confidential Information
• Final Interdict
• Enforceability Of Contract
• Solicitation Of Clients
• Restraint-of-trade

Lynnwood Hair and Beauty t/a Skin PhD Lynnwood Bridge v Maseko (069613/2025)

Lynnwood Hair and Beauty t/a Skin PhD Lynnwood Bridge v Maseko (069613/2025) [2025] ZAGPPHC 699 (24 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

069613/2025

Judge

Mooki

Urgent application to enforce restraint and confidentiality undertakings failed because the applicant did not prove access to or misuse of confidential information.

• Restraint Of Trade
• Confidential Information
• Unlawful Competition
• Employment Contract
• Urgent Interdict
• Restraint-of-trade

Papadimos and Another v Old Mutual Property Proprietary Limited and Others (10395/2020)

Papadimos and Another v Old Mutual Property Proprietary Limited and Others (10395/2020) [2025] ZAWCHC 254 (20 June 2025)

Court

Western Cape High Court, Cape Town

Case number

10395/2020

Judge

Slingers

The High Court dismissed an application to compel discovery, finding the requests too broad and unsupported by specific relevance to the pleaded issues.

• Discovery Under Uniform Rule 35
• Relevance Of Evidence
• Confidential Information
• Legal Duty In Delict
• Abuse Of Process
• Discovery-under-uniform-rule-35