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South Africa decisions
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TWK AGRI (Pty) Ltd v De Lange and Another (2025/072515) [2025] ZALCJHB 294 (30 June 2025)
The Labour Court granted an urgent final interdict enforcing a restraint of trade and confidentiality undertaking against a former insurance broker.
TMA Express Road and Another v Scholtz and Another (2025/071413) [2025] ZAGPJHC 636 (25 June 2025)
The High Court upheld a restraint and confidentiality claim against a former logistics manager, enforcing a 12-month restriction and granting a final interdict.
Swaggers House of Beauty (Pty) Ltd t/a Atlantic Boutique v Dorfling (18748/2024) [2024] ZAWCHC 436 (26 November 2024)
The High Court dismissed a hairdresser restraint-of-trade application, finding no protectable interest, no client solicitation, and no proven harm.
Indwe Risk Services (Pty) Ltd v Coyne and Another (16343/2022P) [2023] ZAKZPHC 154 (28 November 2023)
The High Court enforced a restraint and confidentiality agreement in part, limiting it to six months and narrowing its scope, while refusing punitive costs.
Hylton Ackerman (Pty) Ltd t/a PC Worx Rustenburg v Theron and Another (J683/23) [2023] ZALCJHB 155 (26 May 2023)
The court found that a valid and enforceable restraint of trade agreement existed between the applicant and the first respondent. The respondents' argument that only a small overlap existed between the businesses was rejected; even minimal competition suffices to establish rivalry. The visit by Theron and a Prime representative to Helam Mining, a client of the applicant, was indicative of solicitation and breach of the restraint. The court concluded that Prime and the applicant are competitors and that Theron breached the restraint, prejudicing the applicant's protectable interests. The appli…
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TWK Agri (Pty) Ltd v Botha and Others (J125/2023) [2023] ZALCJHB 42 (7 March 2023)
Labour Court urgent application enforcing a 12-month restraint and confidentiality clauses against former employees who solicited clients and moved business to a competitor.
Cargocare Freight Services (Pty) Ltd v Raath (2021/37630) [2021] ZAGPJHC 497 (28 September 2021)
Urgent restraint-of-trade application dismissed after the court found no proof the respondent solicited clients and held the restraint’s scope was unreasonable.
Super Group Trading (Pty) Ltd v Labusschagne and Another (J2268/17) [2017] ZALCJHB 489 (14 November 2017)
The court found that the restraint of trade agreement between the applicant and the first respondent was valid and enforceable. The applicant acted expeditiously upon discovering the breach, and urgency was justified. The first respondent breached the agreement by joining a competitor and soliciting clients of the applicant, as evidenced by unchallenged testimony and declarations obtained from customers. The first respondent had access to confidential information and trade secrets, and there was a real likelihood of use or disclosure to the second respondent. The first respondent failed to pr…
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TWK Agriculture Ltd v Wagner and Another (C633/15) [2015] ZALCCT 50 (12 August 2015)
Labour Court case on enforcement of restraint of trade clauses against former insurance brokers after retrenchment and branch closure.
PSG Konsult Financial Planning (Pty) Ltd v Ballack and Another (12506/2010) [2010] ZAKZDHC 57; 2010 BIP 349 (KZD) (12 November 2010)
High Court final interdict enforcing a restraint of trade and confidentiality clauses against a former financial planner and his new company.
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