South Africa Case Law

Bhijal Properties (Pty) Ltd and Another v Tongaat Paper Company (Pty) Ltd and Others (D12267/2024)

Bhijal Properties (Pty) Ltd and Another v Tongaat Paper Company (Pty) Ltd and Others (D12267/2024) [2025] ZAKZDHC 47 (31 July 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D12267/2024

Judge

Sibiya

The High Court upheld points in limine on urgency and lis alibi pendens, staying the application pending consolidated proceedings about the property and agreements.

• Lis Alibi Pendens
• Urgency
• Enforceability Of Contract
• Rectification Of Agreement
• Costs Award
• Lis-alibi-pendens

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

Malunga and Another v Sanqela (A93/2024)

Malunga and Another v Sanqela (A93/2024) [2025] ZAWCHC 133; [2025] 3 All SA 173 (WCC) (24 March 2025)

Court

Western Cape High Court, Cape Town

Case number

A93/2024

Judges

Allie, Da Silva-Salie, Holderness

The court held that the agreement constituted an alienation of shares as envisaged by section 15(2)(c) of the Matrimonial Property Act, as the option to purchase shares had been exercised and the agreement was binding. The respondent, Ms Sanqela, or her attorney, failed to make reasonable enquiries regarding the marital regime and spousal consent, as required by section 15(9)(a). The failure to discharge this duty meant that the protection of deemed consent was not available. The agreement was not entered into in the ordinary course of business, and ministerial approval for transfer of fishin…

Source excerpt

• Shareholders Agreement
• Matrimonial Property Act
• Spousal Consent
• Option Contract
• Ministerial Approval
• Enforceability Of Contract

SMD Technologies (Pty) Ltd v Tavares and Another (118592/24)

SMD Technologies (Pty) Ltd v Tavares and Another (118592/24) [2024] ZALCJHB 546 (13 December 2024)

Court

Labour Court Johannesburg

Case number

118592/24

Judge

Baloyi

The court found that the applicant established a clear right to enforce the restraint of trade agreement, as the first respondent had access to confidential information and trade connections, and her employment with a direct competitor posed a real risk to the applicant's interests. The first respondent failed to discharge the onus of proving that the restraint was unreasonable in duration or territorial scope, nor did she demonstrate that enforcement would render her economically inactive or unproductive. The court held that public policy and constitutional considerations did not outweigh th…

Source excerpt

• Restraint Of Trade
• Confidential Information
• Protectable Interest
• Enforceability Of Contract
• Balance Of Convenience

Simah Risk Advisors (Pty) Ltd v Van Niekerk and Others (Reasons) (15110/24)

Simah Risk Advisors (Pty) Ltd v Van Niekerk and Others (Reasons) (15110/24) [2024] ZAWCHC 369 (14 November 2024)

Court

Western Cape High Court, Cape Town

Case number

15110/24

Judge

E. D. Wille

High Court reasons confirming enforcement of restraint of trade and confidentiality undertakings, with an interdict against a competitor and related costs orders.

• Restraint Of Trade
• Confidential Information
• Final Interdict
• Urgent Interdict
• Enforceability Of Contract
• Public Policy Contracts

Defy Appliances (Pty) Ltd v Nyamunda and Another (D207/2024)

Defy Appliances (Pty) Ltd v Nyamunda and Another (D207/2024) [2024] ZALCD 20 (9 July 2024)

Court

Labour Court Durban

Case number

D207/2024

Judge

K Allen-Yaman

The Labour Court dismissed Defy Appliances’ bid to enforce a restraint of trade against a former employee who joined Samsung, finding no protectable confidential interest.

• Restraint Of Trade
• Confidential Information
• Protectable Interest
• Enforceability Of Contract
• Public Policy
• Irreparable Harm

Totally Board (Pty) Ltd v Meyer and Another (037796/2022)

Totally Board (Pty) Ltd v Meyer and Another (037796/2022) [2024] ZAGPPHC 417 (3 May 2024)

Court

North Gauteng High Court, Pretoria

Case number

037796/2022

Judge

Nyathi

The High Court enforced a restraint of trade against a former sales representative who joined a competitor, finding a protectable interest in customer connections and confidential information.

• Restraint Of Trade
• Final Interdict
• Protectable Interest
• Confidential Information
• Enforceability Of Contract
• Public Policy

Parrot Products (Pty) Ltd v van Staden and Others (074523/2023)

Parrot Products (Pty) Ltd v van Staden and Others (074523/2023) [2023] ZAGPJHC 1498 (3 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

074523/2023

Judge

Crutchfield

The High Court enforced a restraint of trade against two former employees, but limited it to one year and to Gauteng Province, with costs awarded against them.

• Restraint Of Trade
• Confidential Information
• Protectable Interest
• Enforceability Of Contract
• Duration And Scope Of Restraint
• Restraint-of-trade

Apple Steel Rule and Die (PTY) Ltd v Liebenberg and Another (C546/2022)

Apple Steel Rule and Die (PTY) Ltd v Liebenberg and Another (C546/2022) [2022] ZALCCT 59 (21 November 2022)

Court

Labour Court Cape Town

Case number

C546/2022

Judge

Rabkin-Naicker

The Labour Court enforced a restraint of trade against a former production manager, finding the second respondent was a competitor and the restraint reasonable.

• Restraint Of Trade
• Protectable Interest
• Enforceability Of Contract
• Public Policy
• Customer Connections
• Restraint-of-trade

Barkley-Wes Motors CC v Iceburg Trading 507 CC and Others (1147/2016)

Barkley-Wes Motors CC v Iceburg Trading 507 CC and Others (1147/2016) [2022] ZANCHC 30 (27 May 2022)

Court

Northern Cape High Court, Kimberley

Case number

1147/2016

Judge

Lever

High Court commercial judgment on an unpaid fuel account. The court dismissed jurisdiction and illegality objections, but held only the first defendant liable for the debt.

• Sale Of Goods On Credit
• Agency
• Monetary Jurisdiction
• Joint And Several Liability
• Enforceability Of Contract
• Payment On Account