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Restraint of trade agreements: Does an employer waive its restraints when dismissing an employee?
On 27 October 2025, the Labour Appeal Court (“LAC”) gave reasons for why it enforced a restraint of trade agreement on 30 July 2025, in the matter of Backsports (Pty) Limited v Motlhanke and Another (JA2025/091548) 2025 ZALAC 50 (27 October 2025).
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The Western Cape High Court’s decision in Cash Crusaders Franchising (Pty) Ltd v Cash Crusaders Franchisees 2024 (4) SA 141 (WCC) marked a significant development in the evolving interpretation of Section 18 of the Superior Courts Act 10 of 2013, particularly in the context of execution of orders pending appeal.
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In a landmark ruling, the Gauteng High Court (Johannesburg) has ordered the provincial Department of Health to immediately provide treatment to patients on a long-standing backlog list of cancer patients awaiting radiation oncology services in Gauteng, some of whom have tragically died while waiting.
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A UK colleague, Jayne McGlynn (Strategic Corporate Partner, M&A at DWF), recently described a “quiet crisis”: experienced GCs being “restructured” out and replaced by contract lawyers, junior leaders or “AI-powered” alternatives.
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