Backsports (Pty) Ltd v Motlhanke and Another

The applicant, Backsports (Pty) Ltd, employed the first respondent, Ofentse Retshidisitswe Motlhanke, as a Senior Stream Lead from 1 January 2024. He was summarily dismissed on 16 October 2024 following a disciplinary process. Motlhanke is the sole director of the second respondent, O Media Visuals (Pty) Ltd. After the dismissal, the applicant sought to enforce a 12‑month restraint of trade clause contained in the employment contract, alleging that the first respondent breached the restraint by soliciting the applicant’s employees, approaching its clients (including SuperSport Schools, Central Gauteng Athletics and Oban Productions), providing competing streaming services, and allegedly threatening and sabotaging the applicant’s assets. The applicant relied largely on rumours, WhatsApp messages, and alleged incidents involving third parties. The first respondent denied the allegations and contended that he had no access to confidential information or trade connections and that enforcement of the restraint would unjustifiably limit his right to earn a living, particularly as he had been dismissed.

The application to enforce the restraint of trade and related interdicts was dismissed with costs.

The judgment reinforces that employers seeking to enforce restraints of trade must clearly plead and prove protectable proprietary interests. It underscores that mere seniority or introduction to clients is insufficient without detailed evidence of confidential information or trade connections. The case is significant for affirming that enforcement of restraints against dismissed employees, particularly after short periods of employment, may be unreasonable and contrary to public policy.