South Africa Case Law

Dewlal v Cebra Lancet RSA (Pty) Ltd (JS685/24)

Dewlal v Cebra Lancet RSA (Pty) Ltd (JS685/24) [2025] ZALCJHB 236 (18 June 2025)

Court

Labour Court Johannesburg

Case number

JS685/24

Judge

W Kruger

The court found that the Respondent's exception was not an irregular step under Rule 57, as the procedural requirements for notice only apply to exceptions based on vagueness and embarrassment, which was not the case here. The Applicant failed to demonstrate any procedural irregularity by the Respondent. On the merits, the Applicant's statement of case did not disclose a cause of action, as it relied solely on a confidentiality clause without specifying the breached terms. The Applicant did not plead the requirements for interdictory relief and sought damages not recognised in South African l…

Source excerpt

• Mutual Separation Agreement
• Confidentiality Clause
• Exception Procedure
• Interdictory Relief
• Damages In Lieu Of Specific Performance

168 Short Term Solutions Johannesburg (Pty) Ltd and Another v Heppell and Another (27664/2022)

168 Short Term Solutions Johannesburg (Pty) Ltd and Another v Heppell and Another (27664/2022) [2023] ZAGPJHC 300 (4 April 2023)

Court

South Gauteng High Court, Johannesburg

Case number

27664/2022

Judge

MIA

Urgent application to enforce a restraint of trade and confidentiality clauses was struck off the urgent roll because the court found the urgency self-created.

• Restraint Of Trade
• Section 197 Transfer
• Confidentiality Clause
• Urgency In Interdicts
• Reciprocity Defence
• Restraint-of-trade

Bailey and Others v Botshelo Water Board and Another (2554/2009)

Bailey and Others v Botshelo Water Board and Another (2554/2009) [2014] ZANWHC 20 (15 August 2014)

Court

North West High Court, Mafikeng

Case number

2554/2009

Judge

GUTTA

The court dismissed claims for general damages and defamation, holding the breach-of-contract claim unproved and the annual report publication substantially true and in the public interest.

• Breach Of Contract
• Confidentiality Clause
• Defamation
• Public Finance Management Act
• General Damages
• Truth And Public Interest

Ndlovu and Others v Liberty Properties (Pty) Ltd and Another (21564/01)

Ndlovu and Others v Liberty Properties (Pty) Ltd and Another (21564/01) [2002] ZAGPHC 19 (16 April 2002)

Court

High Courts - Gauteng

Case number

21564/01

Judge

Willis

The High Court upheld an exception, holding that a confidentiality clause is not in itself contra bonos mores or unconstitutional, and that no cause of action was disclosed.

• Exception Procedure
• Confidentiality Clause
• Contra Bonos Mores
• Constitutional Right Of Access To Court
• Exception-procedure
• Confidentiality-clause