A husband and wife has been restrained by the Johannesburg High Court from allegedly attempting to poach clients from Gauteng-based freight company, Emlink.
Last week the court granted the company an urgent interdict to prohibit the couple, Rudolph Matthee and his wife Elize, from competing and diverting business away from them. Emlink operates in South Africa, Botswana, Namibia and other countries.
Rudolph Matthee had strong relationships with 151 clients of Emlink and the freight company was concerned he would try to solicit them away.
According to the company’s court submission, in July 2022 Emlink entered into an agreement with Matthee to bring in clients and he would receive 10% of Emlink shares and remuneration. He would be a consultant and salesperson for Emlink, dealing with a group of 151 clients with whom he had close personal relationships. Elize Matthee would continue to serve as a director of the Matthee’s previously distressed transport and freight forwarding company Clyroscan.
The Matthee couple had access to Emlink’s database and other interests as part of their work with the company. Legally, these are trade secrets.
The Matthees parted ways with Emlink in October 2023 when the company said it had obtained evidence that the Matthees were in breach of restraint clauses agreed to in 2022.
Emlink approached the court for an urgent interdict to halt the breach it believed the Matthees were perpetuating. On Wednesday last week Johannesburg High Court judge, Leicester Adams, ruled in Emlink’s favour, restraining the Matthees.
