South Africa Case Law

Van den Berg Water (Pty) Ltd t/a Oasis Water Lynnwood and Others v Oasis Water (Pty) Ltd and Another (989/2023; 988/2023; 1120/2023)

Van den Berg Water (Pty) Ltd t/a Oasis Water Lynnwood and Others v Oasis Water (Pty) Ltd and Another (989/2023; 988/2023; 1120/2023) [2025] ZASCA 98 (4 July 2025)

Court

Supreme Court of Appeal

Case number

989/2023; 988/2023; 1120/2023

Judges

Schippers, Nicholls, Meyer, Kgoele, Phatshoane

The Supreme Court of Appeal held that the post-termination provisions in the franchise agreements were clear and enforceable, requiring franchisees to return all proprietary materials, signage, and cease using Oasis' business system and intellectual property. The evidence established that the franchisees retained and used confidential information, client lists, and marketing strategies gained during the franchise period, and continued to exploit Oasis' business system after termination. The constitutional defences and CPA-based arguments were either not properly pleaded or unsupported by evid…

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• Franchise Agreements
• Post Termination Obligations
• Consumer Protection Act
• Confidential Information
• Trade Secrets
• Unlawful Competition

K2014266944 South Africa (Pty) Ltd t/a Hyperion Development v Govender (22420/2024)

K2014266944 South Africa (Pty) Ltd t/a Hyperion Development v Govender (22420/2024) [2025] ZAWCHC 225 (23 May 2025)

Court

Western Cape High Court, Cape Town

Case number

22420/2024

Judge

Mangcu-Lockwood

The court found that the applicant established a protectable interest in the form of trade secrets and goodwill, including confidential admissions strategies, pricing models, and student leads. The respondent, by virtue of his senior managerial position, had access to this information and was involved in strategic planning and relationship cultivation central to the applicant's business. Project Y was found to be a competitor as defined in the restraint agreement, with sufficient overlap in business activities. The respondent's association with Project Y, regardless of whether services were p…

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• Restraint Of Trade
• Protectable Interest
• Confidential Information
• Trade Secrets
• Enforcement Of Employment Contract
• Final Interdict

Merchant West Specialised Finance (Pty) Ltd v Le Grange and Another (Reasons) (2023/063944)

Merchant West Specialised Finance (Pty) Ltd v Le Grange and Another (Reasons) (2023/063944) [2024] ZAGPJHC 1067 (22 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/063944

Judge

Raubenheimer

The High Court dismissed an urgent restraint-of-trade application for lack of a proved protectable interest and no shown breach of the restraint.

• Restraint Of Trade
• Protectable Interest
• Confidential Information
• Employment Contract
• Trade Secrets
• Restraint-of-trade

Genesis One Lighting (Pty) Ltd v Jamieson and Others (Application for Leave to Appeal) (3212/2019)

Genesis One Lighting (Pty) Ltd v Jamieson and Others (Application for Leave to Appeal) (3212/2019) [2024] ZAGPJHC 1055 (17 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

3212/2019

Judge

Van der Berg AJ

The application for leave to appeal was dismissed because the applicant failed to demonstrate a reasonable prospect that a court of appeal would reach a different conclusion. The grounds raised were either not properly advanced or had already been considered and rejected in the main judgment. The applicant's case on contempt was limited to non-delivery of documents, and broader allegations were not substantiated. Reliance on legal advice was a valid defence, as confirmed by Constitutional Court authority. The applicant did not seek a punitive order and cannot now do so on appeal. Regarding th…

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• Leave To Appeal
• Contempt Of Court
• Interim Interdict
• Trade Secrets
• Coercive Vs Punitive Orders

Pika Chemical & Technical (Pty) Ltd t/a Afritech v Nolte and Others (4093/2024)

Pika Chemical & Technical (Pty) Ltd t/a Afritech v Nolte and Others (4093/2024) [2024] ZAWCHC 230; [2024] 4 All SA 625 (WCC) (30 August 2024)

Court

Western Cape High Court, Cape Town

Case number

4093/2024

Judge

B Manca

The High Court granted an interim interdict protecting Afritech’s confidential fruit-drying formulation and restraining use or disclosure pending trial.

• Confidential Information
• Fiduciary Duty
• Interim Interdict
• Unlawful Competition
• Trade Secrets
• Confidential-information

Protecta Security Pty Ltd v Daney (14479/2024)

Protecta Security Pty Ltd v Daney (14479/2024) [2024] ZAWCHC 327 (12 July 2024)

Court

Western Cape High Court, Cape Town

Case number

14479/2024

Judge

Kusevitsky

The court dismissed most of a security company’s restraint application, finding no protectable interest, no confidential information, and an overbroad nationwide restraint.

• Restraint Of Trade
• Protectable Interest
• Public Policy
• Confidential Information
• Trade Secrets
• Interdict

Evrigard (Pty) Ltd Another v Select PPE (Pty) Ltd and Others (2022-22743)

Evrigard (Pty) Ltd Another v Select PPE (Pty) Ltd and Others (2022-22743) [2024] ZAGPJHC 183 (26 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/22743

Judge

Nowitz

The High Court upheld an exception to particulars of claim in a commercial delict case involving passing off, unlawful competition, and confidential information.

• Passing Off
• Unlawful Competition
• Misuse Of Confidential Information
• Quantification Of Damages
• Pleading Requirements
• Trade Secrets

Luxor Paints (Pty) Ltd v Gecko Coating SA (Pty) Ltd and Others (5809/2022)

Luxor Paints (Pty) Ltd v Gecko Coating SA (Pty) Ltd and Others (5809/2022) [2023] ZAFSHC 281 (14 July 2023)

Court

Free State High Court, Bloemfontein

Case number

5809/2022

Judge

Opperman

The court found that the applicant had established a valid cause of action and had already instituted proceedings against the respondents for unlawful competition and misappropriation of confidential formulae. The evidence demonstrated that the respondents possessed documents and digital data vital to the applicant's case, and there was a real and well-founded apprehension that such evidence could be destroyed or concealed. The execution of the Anton Piller order was conducted with appropriate safeguards and did not result in undue prejudice to the respondents. The applicant provided a compre…

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• Anton Piller Order
• Urgent Interdict
• Confidential Information
• Unlawful Competition
• Trade Secrets
• Condonation For Late Filing

Spur Group (Pty) Limited v Montgomery and Another (C119/2023)

Spur Group (Pty) Limited v Montgomery and Another (C119/2023) [2023] ZALCCT 21 (10 May 2023)

Court

Labour Court Cape Town

Case number

C119/2023

Judge

Rabkin-Naicker

The Labour Court enforced a restraint of trade against a former development manager who had access to confidential restaurant expansion information.

• Restraint Of Trade
• Trade Secrets
• Confidential Information
• Enforceability Of Contracts
• Restraint-of-trade
• Trade-secrets

Universal Blending (Pty) Ltd v Henderson (2021/21636)

Universal Blending (Pty) Ltd v Henderson (2021/21636) [2023] ZAGPJHC 266 (24 March 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2021/21636

Judge

WESLEY

The applicant failed to prove ownership of the Roadsaver product formula. The respondent's version, supported by documentary evidence and consistent with the history of supply and negotiations with Pilot Lubricant CC, was not so improbable as to be rejected on the papers. The applicant did not adequately address the respondent's evidence or provide sufficient explanation for the acquisition of ownership. As all relief sought was predicated on the applicant's ownership, the application could not succeed.

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• Unlawful Competition
• Trade Secrets
• Ownership Of Intellectual Property
• Confidential Information