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South Africa decisions
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Surgical Innovations (Pty) Ltd v Bouwer and Others (2024/132565) [2024] ZAGPJHC 1273 (6 December 2024)
The High Court enforced restraint of trade agreements against two former employees of Surgical Innovations, rejecting arguments that arbitration and mootness barred urgent relief.
B Sure Insurance Advisors (Pty) Ltd v Schnepel and Another (J29/24) [2024] ZALCJHB 142 (22 March 2024)
The Labour Court dismissed an urgent restraint-of-trade application after finding the applicant had not proved that the new employer was a competitor.
Kalex Flavours and Fragrances (Pty) Limited and Others v Muller (27224/2020) [2020] ZAGPJHC 283 (9 November 2020)
The court found that the respondent had breached the restraint of trade agreement during his employment by diverting business to a competitor and exploiting confidential information and customer relationships. The respondent failed to provide a substantive version in his answering affidavit and did not rebut the applicants' case with credible evidence. The court held that the applicants were entitled to protect both categories of proprietary interests—customer relationships and trade secrets. The respondent's tender for a six-month restraint was inadequate given the depth and duration of his…
Source excerpt
S A Sight Enhancement Initiative v Benade and Others (278/2019) [2019] ZAFSHC 119; 2020 (5) SA 211 (FB) (5 July 2019)
The court enforced a restraint of trade against a former contractor of a nonprofit eye-care organisation, holding the restraint was not void merely because the applicant was an NPO.
Graffiti Design Proprietary Limited v Teffu and Another (J4376/2018) [2019] ZALCJHB 10 (22 January 2019)
The Labour Court enforced a restraint of trade and confidentiality agreement against a former employee who joined a competitor and had access to confidential business information and customer relationships.
Best Advice Financial Services (Pty) Ltd v Smith and Another (1991/2018) [2018] ZAFSHC 46 (10 May 2018)
The court enforced a restraint of trade in part, finding the respondent had solicited former clients, but reduced the restraint period from three years to six months.
Costa NO and Others v Arvum Exports (Pty) Limited and Others (969/2016) [2017] ZASCA 113 (21 September 2017)
The Supreme Court of Appeal held that a trustee resolution did not authorize Mr Costa to conclude fruit-supply agreements, and no plant breeders’ rights infringement was shown.
How Do You Want It (Pty) Ltd t/a Dreadlocks Studio One v Matyumza and Others (1147/2016) [2016] ZAECELLC 7 (27 September 2016)
The High Court enforced a restraint of trade against former salon employees, but only for East London, after finding urgency, breach, and limited territorial jurisdiction.
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