As a general rule, agreements in restraint of trade are prima facie valid and enforceable unless they are against public policy. The constitution is the supreme law and grants the right to freedom of trade, occupation and profession to citizens only. Public policy is enshrined in the ...
During 1996, the final Constitution of South Africa was enacted which afforded protection to individuals to trade freely. The influence of this constitutional guarantee on the validity of a restraint of trade clause is discussed in Part IV. This is followed by an analysis of the meaning of ...