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South Africa decisions
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Zestibex CC t/a Silent Alarms v Willemse and Another (1094/2023) [2023] ZAFSHC 378 (26 September 2023)
High Court refused to enforce a restraint of trade where alleged poaching of employees and clients was unsupported and pricing information was not shown to be confidential.
CTrack South Africa (PTY) v Wright and Another (J736/2022) [2022] ZALCJHB 190 (29 July 2022)
The court found that CTrack and Fleetcam operate in substantially the same market space, and Wright's employment with Fleetcam constitutes a breach of the restraint of trade agreement. Wright possesses knowledge of CTrack's client base and developed trade connections that could be of commercial value to Fleetcam. The court held that CTrack has a protectable interest in its client relationships and confidential information. Wright failed to demonstrate that enforcement of the restraint for one year was unreasonable or contrary to public policy, and did not provide evidence that the geographic…
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A.M.V and Another v J.M.V and Others (73245/2014) [2014] ZAGPPHC 1025 (17 November 2014)
The court found that the first respondent, through the vehicle of the second respondent, unlawfully competed with the second applicant with the dominant purpose of inflicting harm, motivated by malice. This conduct was condemned as contra bonos mores and warranted an interdict. The third respondent was bound by her undertaking not to contact the second applicant's clients, and her subsequent contact constituted a breach. However, the restraint of trade clause was found to be unreasonable and unenforceable due to its unlimited duration, worldwide scope, and all-encompassing nature. No case of…
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Business Connexion (Pty) Limited v Petrus and Another; In re: Business Connexion (Pty) Limited v Strydom and Another (J981/2014; J1022/2014) [2014] ZALCJHB 209 (11 June 2014)
The Labour Court dismissed BCX’s urgent applications to enforce restraint-of-trade clauses against former employees and their new employer, finding BCX had waived enforcement in the Sasol context.
MLS Bank Ltd v Imperial Bank Ltd and Others (14292/03) [2003] ZAGPHC 5 (11 June 2003)
The High Court dismissed an urgent bid to stop a rival bank from employing former staff, finding no proof of malicious intent or unlawful competition.
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