South Africa Case Law

Golden Arrow Bus Services (Pty) Ltd and Another v South African Road Passenger Bargaining Council and Others (C315/21)

Golden Arrow Bus Services (Pty) Ltd and Another v South African Road Passenger Bargaining Council and Others (C315/21) [2025] ZALCCT 23 (9 April 2025)

Court

Labour Court Cape Town

Case number

C315/21

Judge

S Snyman

The Labour Court held that the exemption appeal decisions refusing GABS exemption from wage provisions under the 2018, 2020, and 2021 collective agreements were reviewable and unsustainable, as they were based on material errors of law, misconstrued the nature of unfair competition, and failed to consider relevant facts and special circumstances. The Court found that wage disparity resulting from historical compliance with collective agreements, in the context of new competitors entering the market at minimum wage, constituted unfair competition and threatened the future viability of GABS. Ex…

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• Collective Bargaining
• Exemption Procedure
• Unfair Competition
• Wage Disparity
• Review Under Lra
• Remedy Substitution

Backsports (Pty) Ltd v Motlhanke and Another (2025/009346)

Backsports (Pty) Ltd v Motlhanke and Another (2025/009346) [2025] ZALCJHB 68 (18 February 2025)

Court

Labour Court Johannesburg

Case number

2025/009346

Judge

M Makhura

The Labour Court dismissed an application to enforce a restraint of trade after finding no proven protectable interests, no sufficient breach, and no basis for further interdicts.

• Restraint Of Trade
• Enforceability Of Employment Contracts
• Protectable Proprietary Interest
• Unfair Competition
• Confidential Information
• Restraint-of-trade

Swaggers House of Beauty (Pty) Ltd t/a Atlantic Boutique v Dorfling (18748/2024)

Swaggers House of Beauty (Pty) Ltd t/a Atlantic Boutique v Dorfling (18748/2024) [2024] ZAWCHC 436 (26 November 2024)

Court

Western Cape High Court, Cape Town

Case number

18748/2024

Judge

P. S. Van Zyl

The High Court dismissed a hairdresser restraint-of-trade application, finding no protectable interest, no client solicitation, and no proven harm.

• Restraint Of Trade
• Protectable Interest
• Solicitation Of Clients
• Confidential Information
• Unfair Competition
• Restraint-of-trade

Automation & Control Components Gauteng (Pty) Ltd t/a MCA v Searle and Another (J 426/2024)

Automation & Control Components Gauteng (Pty) Ltd t/a MCA v Searle and Another (J 426/2024) [2024] ZALCJHB 305 (7 August 2024)

Court

Labour Court Johannesburg

Case number

J 426/2024

Judge

Prinsloo

The Labour Court enforced a one-year restraint and confidentiality agreement against a senior estimator who joined a direct competitor and could disclose trade secrets.

• Restraint Of Trade
• Confidential Information
• Enforceability Of Contracts
• Unfair Competition
• Employment Contracts
• Restraint-of-trade

Commercial Mobile Truck and Trailer Alignment Services Pty Ltd v Harmse (2024/007833)

Commercial Mobile Truck and Trailer Alignment Services Pty Ltd v Harmse (2024/007833) [2024] ZAGPPHC 772 (29 July 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024/007833

Judge

H F Oosthuizen

The High Court enforced a restraint of trade against a former operations manager, finding the employer had a protectable interest in goodwill and client connections.

• Restraint Of Trade
• Goodwill
• Trade Connections
• Enforceability Of Contracts
• Unfair Competition
• Restraint-of-trade

Sinosa Tech (Pty) Ltd v Macla Mining (Pty) Ltd (2022/029115)

Sinosa Tech (Pty) Ltd v Macla Mining (Pty) Ltd (2022/029115) [2024] ZAGPJHC 624 (9 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/029115

Judge

C Todd

The court found that the Respondent failed to deliver the chrome ore as required under the amended agreement and did not dispute the essential terms or the amount paid by the Applicant. The Respondent's alleged counterclaim was illiquid, speculative, and unsupported by credible evidence, and its inertia in pursuing the claim undermined its bona fides. The Respondent did not establish any contractual right to retain the deposit, nor did it provide reasonable grounds for disputing its indebtedness. The Applicant discharged its onus to establish the Respondent's indebtedness on a prima facie bas…

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• Winding Up Of Company
• Counterclaim
• Breach Of Contract
• Unfair Competition
• Deposit Repayment

Roxsure Insurance Brokers (Pty) Ltd v Tracetec (Pty) Ltd (21/34177)

Roxsure Insurance Brokers (Pty) Ltd v Tracetec (Pty) Ltd (21/34177) [2023] ZAGPJHC 937 (29 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

21/34177

Judge

Crutchfield

The High Court discharged an urgent rule nisi and dismissed an interdict application where the applicant failed to prove valid termination, unfair competition, or a clear right.

• Interim Interdict
• Contract Termination
• Unfair Competition
• Specific Performance
• Agency Relationships
• Interim-interdict

Bruniquel and Associates (PTY) Ltd v Manje General Suppliers (PTY) Ltd and Others (D7091/2021)

Bruniquel and Associates (PTY) Ltd v Manje General Suppliers (PTY) Ltd and Others (D7091/2021) [2022] ZAKZDHC 3 (17 February 2022)

Court

Kwazulu-Natal High Court, Durban

Case number

D7091/2021

Judge

Ploos van Amstel

High Court held a restraint of trade clause unenforceable, but protected the applicant’s confidential training material, client lists, and database.

• Restraint Of Trade
• Confidential Information
• Unfair Competition
• Interdict
• Employment Contract
• Restraint-of-trade

Golden Arrow Bus Service (Pty) v South African Road Passenger Bargaining Council and Others (CA 4/2020)

Golden Arrow Bus Service (Pty) v South African Road Passenger Bargaining Council and Others (CA 4/2020) [2021] ZALAC 20; (2021) 42 ILJ 1446 (LAC) (14 May 2021)

Court

Labour Appeal Court

Case number

CA 4/2020

Judges

Davis JA, Coppin JA, Savage AJA

The Labour Appeal Court held that the Labour Court had jurisdiction to review the exemption appeal ruling under s 158(1)(g) of the Labour Relations Act, as exemption procedures are mandated by the Act and subject to judicial supervision. The exemption appeal authority unduly restricted its inquiry to financial hardship and unintended consequences, failing to consider all relevant factors required by clause 13 of the collective agreement, including the interests of the industry in relation to unfair competition and economic stability. The authority's narrow approach constituted a gross irregul…

Source excerpt

• Collective Bargaining
• Exemption Procedure
• Ultra Vires
• Review Jurisdiction
• Unfair Competition

Com Office Systems Port Alfred CC v Ord and Another (2402/2019)

Com Office Systems Port Alfred CC v Ord and Another (2402/2019) [2019] ZAECGHC 97 (15 October 2019)

Court

Eastern Cape High Court, Grahamstown

Case number

2402/2019

Judge

M.J. Lowe

The High Court enforced a restraint of trade in part, limiting it to Port Alfred for one year and restraining a former employee and his company.

• Restraint Of Trade
• Confidential Information
• Unfair Competition
• Interdict
• Enforcement Of Contract
• Restraint-of-trade