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Employers, agencies and businesses protecting client relationships

Restraint of Trade Agreement

Stop a departing employee or consultant from taking your clients, staff and know-how to a competitor.

Quick answer

A restraint of trade agreement is a written agreement used by employers, agencies and businesses protecting client relationships in South Africa. This template covers access to clients & know-how, the restraint: period, area, scope, protectable interest & reasonableness, consideration and more, drafted with POPIA, the CPA and the ECT Act in mind.

The problem it solves: A key person resigns on Friday and opens up in competition with your client list on Monday.

R199

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What's inside

  • 01Access to clients & know-how
  • 02The restraint: period, area, scope
  • 03Protectable interest & reasonableness
  • 04Consideration
  • 05Interdict & damages on breach
  • 06POPIA data-protection clause

Good to know

Are restraints of trade enforceable in SA?+

Generally yes if reasonable in period, area and scope — our clause is written around that test.

When should it be signed?+

At the start of the engagement, when it's easiest to agree. Signing at resignation is far harder.

Is this legal advice?+

No. It's a professionally structured starting point. For high-value or unusual deals, have an attorney review your completed document.

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