South Africa Case Law

Tabletpot Admin (Pty) Ltd v Jolliet and Another (2025/061274)

Tabletpot Admin (Pty) Ltd v Jolliet and Another (2025/061274) [2025] ZAGPJHC 605 (17 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/061274

Judge

Crutchfield

The court found that the applicant had established a clear right to enforce the restraint of trade and confidentiality undertakings, as these were valid contractual terms and the first respondent had breached them by joining a direct competitor. The applicant demonstrated a protectable interest in its confidential information and customer connections, which the first respondent had access to during his employment. The court accepted that the applicant did not need to prove actual harm, only the potential for harm due to the first respondent's new role. However, the court found the original ge…

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• Restraint Of Trade
• Confidential Information
• Interdictory Relief
• Employment Contracts

City of Tshwane Metropolitan Municipality v Phanyane and Others (2024/032979)

City of Tshwane Metropolitan Municipality v Phanyane and Others (2024/032979) [2025] ZAGPPHC 551 (30 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024/032979

Judge

Du Preez

The High Court dismissed a third defendant’s exception to a municipality’s alternative breach-of-contract claim arising from an alleged irregular procurement.

• Exception To Pleadings
• Breach Of Contract
• Municipal Finance Management Act
• Irregular Expenditure
• Employment Contracts
• Exception-to-pleadings

Esmarie Dreyer Physiotherapy Incorporated v Shuab Omar t/a Omar Physiotherapy (2024/126905)

Esmarie Dreyer Physiotherapy Incorporated v Shuab Omar t/a Omar Physiotherapy (2024/126905) [2024] ZALCCT 64 (12 December 2024)

Court

Labour Court Cape Town

Case number

2024/126905

Judge

R Lagrange

The court found that the restraint of trade clause in the respondent's employment contract was intended to prevent the respondent from competing with the applicant by rendering physiotherapy services at the Rondebosch Medical Centre premises, regardless of whether he did so as an employee of another practice or in his own name. The clause's purpose was to protect the applicant's relationships with referring doctors and existing clients from being exploited by former employees. The court rejected the respondent's narrow interpretation that the restraint only applied to employment by third part…

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• Restraint Of Trade
• Employment Contracts
• Enforceability Of Contractual Terms

Select PPE (Pty) Ltd v Holmes and Another (2024/115703)

Select PPE (Pty) Ltd v Holmes and Another (2024/115703) [2024] ZALCJHB 484 (3 December 2024)

Court

Labour Court Johannesburg

Case number

2024/115703

Judge

S Snyman

The court found that USP is not a competitor of SPPE, as USP is a manufacturer selling PPE to retailers and not to end-user customers, while SPPE is a retailer. SPPE failed to provide credible evidence that USP had expanded into retail or was competing for SPPE's customers. Applying the Plascon Evans rule, the version of USP's CEO was preferred. Holmes's employment at USP does not breach the restraint of trade covenant, as there is no competition or similarity in business. SPPE did not establish a protectable interest in trade connections, as Holmes had no customer relationships or influence.…

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• Restraint Of Trade
• Confidential Information
• Interdict Requirements
• Employment Contracts
• Protectable Interest

Candi and Company (Pty) Ltd v Rhode and Others (24820/2024)

Candi and Company (Pty) Ltd v Rhode and Others (24820/2024) [2024] ZAWCHC 437 (28 November 2024)

Court

Western Cape High Court, Cape Town

Case number

24820/2024

Judge

Van Den Berg

The court partly enforced a restraint dispute, rejecting the broad 12-month, 10-kilometre restraint but interdicting the respondents from soliciting the applicant's clients.

• Restraint Of Trade
• Protectable Interest
• Unlawful Competition
• Interdict
• Employment Contracts
• Restraint-of-trade

DDP Vervoer v Commission for Conciliation, Mediation and Arbitration and Others (JR1877/2022)

DDP Vervoer v Commission for Conciliation, Mediation and Arbitration and Others (JR1877/2022) [2024] ZALCJHB 438 (13 November 2024)

Court

Labour Court Johannesburg

Case number

JR1877/2022

Judge

RN Daniels

The Labour Court dismissed a review of a CCMA award, upholding findings that the employees were dismissed and that their dismissals were unfair.

• Unfair Dismissal
• Jurisdiction Of Ccma
• Employment Contracts
• Procedural Fairness
• Unfair-dismissal
• Ccma-jurisdiction

SA Ranger Forces Security Division CC v Wannenburg and Another (J326/24)

SA Ranger Forces Security Division CC v Wannenburg and Another (J326/24) [2024] ZALCJHB 424 (5 November 2024)

Court

Labour Court Johannesburg

Case number

J326/24

Judge

Beckenstrater

The Labour Court dismissed an application to enforce a restraint of trade, finding the respondent's customer connections predated employment and were not materially enhanced.

• Restraint Of Trade
• Employment Contracts
• Customer Connections
• Confidential Information
• Restraint-of-trade
• Employment-contracts

Automation & Control Components Gauteng (Pty) Ltd t/a MCA v Searle and Another (J 426/2024)

Automation & Control Components Gauteng (Pty) Ltd t/a MCA v Searle and Another (J 426/2024) [2024] ZALCJHB 305 (7 August 2024)

Court

Labour Court Johannesburg

Case number

J 426/2024

Judge

Prinsloo

The Labour Court enforced a one-year restraint and confidentiality agreement against a senior estimator who joined a direct competitor and could disclose trade secrets.

• Restraint Of Trade
• Confidential Information
• Enforceability Of Contracts
• Unfair Competition
• Employment Contracts
• Restraint-of-trade

W.E Deane S.A (Pty) Ltd v Alborough and Others (16341/2021)

W.E Deane S.A (Pty) Ltd v Alborough and Others (16341/2021) [2024] ZAGPPHC 634 (14 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

16341/2021

Judge

A Vorster

The High Court dismissed exceptions to particulars of claim alleging breach of employment duties and unlawful competition, holding the claims were not bad in law on the pleadings.

• Breach Of Fiduciary Duty
• Restraint Of Trade
• Unlawful Competition
• Employment Contracts
• Damages
• Misuse Of Confidential Information

Isimangaliso Wetland Park Authority v Sibiya and Others (16706/2022P)

Isimangaliso Wetland Park Authority v Sibiya and Others (16706/2022P) [2024] ZAKZPHC 38 (16 April 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

16706/2022P

Judge

Mossop

The applicant failed to provide a comprehensive and satisfactory explanation for the delay of several years in instituting the legality review. The explanation offered was brief, incomplete, and did not cover the entire period of delay, as required by law. The attempt to shift the burden of explanation to the deponent was rejected, as the applicant itself is responsible for accounting for the delay. No evidence of malfeasance or concealment was presented, and no condonation for the late review was sought. The delay was found to be unreasonable and prejudicial to the respondents. The threshold…

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• Undue Delay In Review
• Conversion Of Fixed Term Contracts
• Legality Review
• Condonation For Late Review
• Employment Contracts