Western Cape High Court Judge James Lekhuleni has ruled that a restraint of trade provision with the sole aim of stifling competition is against public policy and is unenforceable.

A Cape Argus report says Crazy Splash Swim School in Worcester sought to enforce a purported restraint of trade agreement against swimming coach Talitha Nortjé and two swimming clubs in the area.

Crazy Splash had asked the court for an interdict against Nortjé and the two clubs and to stop Nortjé from rendering swimming services within the Worcester area or anywhere within a radius of 50km for two years, arguing this was in an orally agreed restraint of trade agreement.

Crazy Splash also wanted Nortjé to stop advertising her swimming school or any other swimming coaching by herself on social media.

Lekhuleni said Crazy Swim failed to produce any written employment contract with a restraint of trade clause under its previous owner to confirm its allegations.

He said it could not be argued that Nortjé was taking any trade secrets, confidential information, or connections from Crazy Swim.

Dismissing the application, the judge said: ‘In my view, restraining the first respondent to practise her profession under these circumstances, would conflict with section 22 of the Constitution, which guarantees her right to freedom of trade, occupation and profession.’

Full Cape Argus report

Judgment