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South Africa decisions
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HG Molenaar and CO (PTY) Ltd v Wiggill and Another (C355/2022) [2022] ZALCCT 41 (2 September 2022)
The Labour Court dismissed an application to enforce a restraint of trade against a technician, finding no proven protectable customer or confidential-information interest.
Coyne Healthcare (Pty) Ltd v Coyne and Others (18586/2021) [2022] ZAWCHC 54 (19 April 2022)
The court found that the 2019 employment contract, which omitted restraint clauses, was invalid for lack of shareholder approval under section 75 of the Companies Act. However, the applicant failed to prove any breach of the non-solicitation clause by the first respondent, as no evidence showed that customers were solicited or lost to the second respondent. The information alleged to be confidential, such as customer identities, pricing, and product composition, was found to be public or generic in the industry and not protectable. The applicant did not establish a proprietary interest in con…
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NBC Holdings (Pty) Ltd v Chaane and Another (2020/2170) [2020] ZAGPJHC 429 (27 October 2020)
The High Court held a 12-month restraint of trade against two former NBC employees was enforceable, but dismissed the application because the restraint was nearly spent.
Micro-D Limited v Duba and Others (44997/2018) [2019] ZAGPJHC 6 (21 January 2019)
The High Court granted a final interdict enforcing non-solicitation restraints against former employees and their company after finding customer diversion and ongoing harm.
FNB Insurance Brokers v Grange (J252/18) [2018] ZALCJHB 77 (21 February 2018)
The Labour Court held the urgency requirements were met and enforced a valid restraint of trade against a former FNB Insurance Brokers employee.
Aramex South Africa (Pty) Limited v Van Schalkwyk and Another (C516/2017) [2017] ZALCCT 44 (4 October 2017)
The court found that Aramex and Van Schalkwyk entered into a valid restraint of trade and confidentiality agreement, which Van Schalkwyk breached by joining a direct competitor within the prohibited radius and period. Van Schalkwyk had access to confidential information and customer connections, and her undertakings not to use or disclose such information were insufficient given her conduct, including downloading confidential data and misrepresenting her intentions upon resignation. The restraint's duration and geographical scope were reasonable and necessary to protect Aramex's proprietary i…
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NEAH GES (Pty) Ltd and Another v Lamprecht and Others, Lamprecht v NEAH GES Africa (Pty) Ltd (33286/16) [2017] ZAGPPHC 102 (14 February 2017)
The court found that the applicants established a prima facie case for damages or reduction of the purchase price based on breaches of non-solicitation, failure to provide financial records, and non-disclosure of tax liabilities. The exceptio non adempleti contractus defence was held to be valid at this stage, excusing the applicants from payment pending action for damages. The restraint of trade and non-solicitation clauses remain binding and have not become void. The liquidation proceedings are stayed pending the outcome of the action for damages, and the counter application may be heard to…
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LG Electronics (Pty) Ltd v Neyt and Another (J2330/2016) [2016] ZALCJHB 412 (27 October 2016)
Urgent restraint-of-trade application struck off for lack of urgency; the Labour Court found the applicant delayed and that urgency was self-created.
Continuous Oxygen Suppliers (Pty) Ltd t/a Vital Aire v Meintjes and Another (J 2073/11) [2011] ZALCJHB 150 (17 October 2011)
The Labour Court enforced a restraint of trade against a former branch manager, narrowing the restraint period from two years to 12 months.
Kelly Group Limited v Capazorio and Others (15484/2010) [2010] ZAGPJHC 139 (7 December 2010)
High Court refused to enforce a restraint of trade against a former executive, finding the businesses were not the same or similar and no protectable interest was shown.
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