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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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South Africa’s recent amendment to section 25B of the Income Tax Act introduces a material change in the taxation of income distributed by resident trusts to non-resident beneficiaries.
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On 28 January 2025, the Durban Labour Court in South African Container Depots (Pty) Ltd t/a Bidvest SACD v Sheriff: Durban Coastal, Provincial Commissioner: SAPS, NUMSA, RETUSA and others 2025 ZALCD 3 dismissed an urgent application by Bidvest to, amongst other things, have a protected strike declared unprotected on the basis of acts of extreme violence committed against its employees and those of its contractors,and interdicting the employees from striking until picketing rules had been agreed or issued by the CCMA.
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On 14 June 2023, the Democratic Alliance (“DA”) launched an application in the Pretoria High Court, challenging some of the most recent amendments to the Employment Equity Act 55 of 1998 (“EEA”), as unconstitutional and invalid.
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Times are changing, and shareholders are now playing a more prominent role in shaping corporate behaviour. Activist shareholders are increasingly pointing out issues including environmental, social, and governance (ESG) considerations.
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