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South Africa decisions
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Future Packaging and Machinery (Pty) Ltd v Polti and Others (2025/034079) [2025] ZALCJHB 322 (14 July 2025)
The Labour Court enforced a restraint of trade and confidentiality agreement against a former senior employee, but limited the restraint to two years from suspension.
Ixia Trading 616 (Pty) Limited v Von Maltitz and Another (D8163/2024) [2024] ZAKZDHC 75 (18 October 2024)
The court found that the applicant had demonstrated a legitimate protectable interest in its business, customer connections, and confidential information, justifying interim relief. Despite the first respondent's challenge to the validity of the restraint of trade agreement, correspondence and documentation indicated that a valid agreement was concluded. The applicant did not waive its rights, and there was no need for joinder of additional parties. The requirements for interim relief were met, and the matter was referred to oral evidence to resolve disputes regarding the existence and breach…
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Newtown Motor Dealership (Pty) Ltd v Nale (16373-2021) [2024] ZAGPJHC 266 (21 February 2024)
The High Court enforced suretyship commitments for lease debts, holding that a separate share sale and cession did not defeat the creditor’s right to claim.
DSV South Africa (Pty) Ltd t/a DSV Air and Sea v Phoenix Neomed (Pty) Ltd (2022-011215) [2023] ZAGPJHC 1319 (16 November 2023)
The High Court dismissed an application for leave to appeal against summary judgment, finding the contract legible, the defence contractually barred, and vis maior not made out.
Uni-Span Formwork and Scaffolding (Pty) Ltd v SVK Holdings (Pty) Ltd and Others (26270/2021) [2023] ZAGPPHC 1902 (20 September 2023)
The High Court enforced a written settlement agreement, rejecting allegations of undue influence and lis pendens, and ordered payment with costs.
Dzuni Properties CC and Another v Italite Investments (Pty) Ltd (2021/6114) [2023] ZAGPJHC 824 (25 July 2023)
Leave to appeal was dismissed because the court found no reasonable prospects of success. Costs were awarded on the attorney-and-client scale.
MEC for Economic Development, Environment and Tourism: Limpopo v Leboho (87/2021) [2022] ZASCA 131; (2022) 43 ILJ 2695 (SCA); [2023] 1 BLLR 56 (SCA) (6 October 2022)
The Supreme Court of Appeal held that the dispute was about enforcement of the collective agreement, not its interpretation or application. The respondent's leave credits had been properly audited under the previous dispensation, and clause 7.3(a) of Resolution 7 of 2000 entitled him to retain and be paid for those credits upon retirement. The appellant's argument that a fresh audit was required was rejected, as the Resolution only required a subsequent audit where credits had not previously been audited. The regional court had jurisdiction to hear the matter, and the respondent was entitled…
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Nexcor 312 (Pty) Ltd t/a VNA Consulting v Member of the Executive Council of the Free State Department of Public Work and Infrastructure and Another (4028/2021) [2022] ZAFSHC 223 (1 August 2022)
An opposed application for payment under a professional services agreement was not decided on affidavit; the High Court referred the matter to trial.
Rocbit Drilling Equipment (PTY) Ltd v Peters and Others (J1344/21) [2022] ZALCJHB 174 (6 July 2022)
The court found that both the 2004 and 2017 restraint of trade agreements are extant and enforceable, as there was no written cancellation of the first agreement and no express or implied novation. The agreements cover different but complementary subject matter: the first restrains participation in manufacture and distribution of DTH hammers and bits within South Africa, while the second extends the restraint geographically and specifies nine companies with whom Ms Peters may not engage. The court held that Ms Peters breached the agreements by engaging with Smith Capital Equipment (SCE), both…
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Bidvest Protea (COIN) (Pty) Ltd v Seetharam and Another (D 14/2022) [2022] ZALCD 2 (28 February 2022)
The Labour Court enforced a restraint and confidentiality agreement against a former security-sector employee, reducing the restraint period from 24 to 12 months.
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