Call us now:
In this guide
By Onah Attorneys Inc • Updated July 2026 • Legal information, not a substitute for advice on your specific matter.
You signed it on day one without reading; now the dream offer sits across town and the old employer waves the restraint. South African law’s position surprises both sides: restraints are ENFORCEABLE by default — but only as far as they protect a real interest, and courts trim or dump unreasonable ones. Here is the actual test, from both chairs.
The starting point: valid unless unreasonable
Since Magna Alloys: restraints are enforceable, and the party ESCAPING one bears the onus of proving enforcement would be unreasonable/contrary to public policy. That onus placement decides close cases — the employee who signed must build the unreasonableness case, not just resent the clause.
The real test: protectable interests
Restraints protect only two recognised interests: TRADE CONNECTIONS (customer relationships the employee could carry away) and CONFIDENTIAL INFORMATION/trade secrets (real ones — pricing models, formulations, pipelines; not general skills). No protectable interest = bare anti-competition = unenforceable. The receptionist restrained nationally for two years loses for the employer; the account director with the client book on speed-dial loses for the employee. Your FUNCTION, not your title, decides.
Reasonableness: scope, area, duration
Courts weigh the interest against the restraint’s reach: 12-24 months is commonly sustained where interests are real; national bans on regional roles fail; ‘any capacity in any related business’ overreach gets severed. Partial enforcement is the norm — courts BLUE-PENCIL: trimming area, time and scope to what the interest justifies rather than voiding everything. Drafting matters both ways: severable, graduated clauses survive surgery; monoliths sometimes die whole.
Employee playbook
Before signing: negotiate (duration, area, garden-leave pay, carve-outs for existing contacts) — day-one leverage exists and is wasted universally. Before jumping: get the clause assessed against your actual function and the new role’s overlap; structure the move (different segment, no solicitation undertakings, clean-device hygiene — taking the client list converts a defensible move into an injunction with costs). Under attack: undertakings short of full capitulation settle many disputes; urgent-court economics pressure employers too.
Employer playbook
Enforce fast — restraints die of delay (urgency evaporates, damages speculative); the urgent interdict is the weapon and it needs evidence NOW: what information, which clients, what overlap. Enforce selectively — suing everyone teaches courts your restraints are reflexive. And draft like enforcement is real: role-specific interests recited, tiered durations, severability, choice of forum. A restraint written as furniture gets treated as furniture.
Frequently asked questions
I signed a restraint — can I ever work in my industry again?
Almost certainly yes: restraints hold only to protect real connections/secrets within reasonable time and area. The industry-wide lifetime reading exists only in the fear, not the law.
Is a restraint without extra payment valid?
Yes — consideration isn’t required for validity in SA. Compensation (restraint pay) does, however, weigh in the reasonableness balance and in negotiations.
My old employer sent a letter — must I resign from the new job?
No knee-jerk moves: the letter starts a negotiation. Function-overlap analysis, undertakings, and response strategy resolve most matters without anyone resigning or litigating.
How fast can they interdict me?
Urgent applications can hit within days-weeks of the move — which is why both sides’ preparation happens BEFORE resignation day, not after service.
Speak to an Attorney Today
Get straight answers about restraint of trade from a firm that fights to win. First consultation — no obligation, full confidentiality.
Call 011 042 8039 Request a Callback