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Labour Law3,788 views1 answerAsked 25 Mar 2026

Can my employer make me sign a restraint of trade?

My new employer wants me to sign a contract saying I can't work for any competitor for 2 years after I leave. Is this enforceable?

S

Sifiso M.

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Community Answers

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Justibly Editorial Team

25 Mar 2026

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Restraints of trade are enforceable in South Africa but courts apply a reasonableness test: does the employer have a legitimate proprietary interest to protect? Is the restraint reasonable in duration, geographic area, and scope? A 2-year nationwide ban is often found unreasonable unless you're very senior. Courts will enforce what is reasonable and sever what isn't.

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