BACKGROUND AND SUMMARY The Application brought before the court concerned the enforcement of a restraint of trade agreement for a period of 12 (Twelve)months within the geographical area of Richards Bay, as well as certain confidentiality undertakings, to be held against Marshall Naidoo (“the First Respondent”), an erstwhile sales representative of North Safety Products (“the
SUMMARY In 2009, Hein Mocke (“Mocke”) registered H. Mocke Construction (Pty) Ltd (“Mocke Construction”), the First Respondent herein, so as to secure and procure the business of gold mining companies in respect of pipelining projects. Mocke had a competitive edge within the industry in terms of his revolutionary pipelining process, which entailed the rehabilitating and