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South Africa decisions
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Simah Risk Advisors (Pty) Ltd v Van Niekerk and Others (15110/2024) [2025] ZAWCHC 179 (29 April 2025)
The High Court dismissed leave to appeal and ordered execution of its restraint and confidentiality order to continue pending appeal processes.
Jacobs v KwaZulu-Natal Treasury (DA7/20) [2021] ZALAC 50; [2022] 3 BLLR 269 (LAC); (2022) 43 ILJ 1286 (LAC) (9 December 2021)
The Labour Appeal Court found that the evidence established the minutes of the selection panel were amended, corroborated by both the appellant and the respondent's witness, Mr Parthab. The respondent conceded this fact in oral argument. The appellant's affidavit was therefore truthful, and her disclosure in legal proceedings did not breach the confidentiality agreement. The arbitration award upholding the dismissal was not one a reasonable decision-maker could have made, and the Labour Court erred in refusing to interfere with the arbitrator's finding. The confidentiality agreement cannot be…
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Biobee Intergrated Crop Solutions (Pty) Ltd v Botha and Others (J 673/21) [2021] ZALCJHB 181 (6 July 2021)
The court found that the restraint of trade and confidentiality undertakings were valid and enforceable. The first respondent did not dispute the existence of the contract and failed to prove that enforcement would be unreasonable or contrary to public policy. She did not plead or prove any infringement of her constitutional rights under section 22. The evidence established that she had access to confidential information, customer relationships, and unique business techniques, and her employment with a competitor constituted a breach of the restraint. The applicant was entitled to specific pe…
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Incledon (Pty) Limited and Others v Slabbert and Others (J2237/16) [2017] ZALCJHB 164 (5 April 2017)
The Labour Court granted leave to withdraw an urgent restraint application and made no costs order, finding both sides had some responsibility for the litigation.
Absolute Africa Supply Chain Services (Pty) Ltd v Brink and Another (J2402/2016) [2016] ZALCJHB 437 (29 November 2016)
Labour Court matter on restraint of trade undertakings dismissed for lack of proof of breach, though the application was treated as urgent.
Hospitality Industrial and Commercial Underwriting Managers (Pty) Ltd v Dietrich and Others (38625/05) [2016] ZAGPPHC 55 (27 January 2016)
The court upheld the restraint of trade, awarded damages for breach and unlawful competition, rejected the copyright claim, and granted costs including the Anton Piller application.
Blastrite (Pty) Ltd v Mineral Sands Resources (Pty) Ltd and Others (21897/15) [2015] ZAWCHC 166 (9 October 2015)
High Court dismissed Blastrite’s bid to enforce exclusivity under a confidentiality agreement over garnet from the Tormin mine, finding clause 10 did not bar third-party dealings.
Hospitaliy Industrial and Commercial Underwriting Managers (Pty) Ltd v Dietrich and Others (38625/05) [2015] ZAGPPHC 715 (25 May 2015)
High Court case on a restraint of trade, unlawful competition and copyright. The court enforced the restraint, awarded damages, and rejected the copyright claim.
Misier Clothing Worker Primary Co-Operative Limited and Another v Pillay and Others (4724/2014) [2015] ZAKZDHC 22 (16 March 2015)
The court held that, as the applicants withdrew their claim for relief, there were no cogent reasons to deny the respondents their costs. The principle from Germishuys v Douglas Besproeiingsraad was applied, distinguishing between withdrawal and settlement on the merits. The applicants, having withdrawn their application, are not entitled to a costs order in their favour and must bear the respondents' costs.
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Digiterra (Pty) Ltd v Mentz and Another (38845/2014) [2014] ZAGPPHC 370 (18 June 2014)
High Court matter on rectification, confidentiality, and restraint of trade. The court granted confidentiality relief but dismissed the restraint and rectification claims.
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