RTS Industries and Others v Technical Systems (Pty) Ltd and Another

The dispute arose from alleged misappropriation of confidential information and copyright infringement relating to auger manufacturing processes and machinery belonging to Technical Systems (Pty) Ltd. The third appellant, a former employee of the first respondent, had access to confidential technical drawings and processes and was bound by confidentiality and restraint undertakings. After leaving employment, he became involved in competing entities that manufactured and sold similar products. In 2015, the parties agreed to a consent order restraining the appellants from using the confidential information, infringing copyright, and competing for a defined period, and establishing a detailed expert-driven process to determine when lawful competition could resume. In 2019, the respondents alleged that the appellants breached the 2015 order by manufacturing and selling auger products before completing the prescribed process. The High Court granted an interim interdict in March 2020 enforcing compliance with the 2015 order. The appellants sought to appeal that order.

The appeal was struck from the roll. The appellants were ordered to pay the respondents’ costs jointly and severally, including the costs of two counsel.

The case reaffirms South African appellate jurisprudence on the non-appealability of interim interdicts and underscores that leave to appeal does not oblige an appellate court to entertain an appeal where the order lacks final effect. It emphasises the constitutional standard that appealability depends on the interests of justice, assessed case by case, and cautions against piecemeal appeals that undermine judicial economy.