Skip to content
Close Menu
ConvictionConviction
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

The ANC could pay the electoral price for a Home Affairs directive issued under a DA minister

October 23, 2026

Carrim’s battle, Sibiya’s bail refusal and alleged staged kidnapping headline lower court cases

October 23, 2026

Gauteng department and MEC ordered to honour R68.3m housing settlement

October 23, 2026
Facebook X (Twitter) Instagram
Trending
  • The ANC could pay the electoral price for a Home Affairs directive issued under a DA minister
  • Carrim’s battle, Sibiya’s bail refusal and alleged staged kidnapping headline lower court cases
  • Gauteng department and MEC ordered to honour R68.3m housing settlement
  • Judge clears man who pleaded guilty to buying suspected stolen Huawei phone
  • SARU HR manager’s feud with boss escalated from grievance to dismissal
  • Widow challenges R768,000 share of husband’s death benefit allocated to his mother
  • Even looting has levels: How racial capitalism shapes what the poor desire
  • Former coal miner qualifies for compensation for work-related back disease
Facebook X (Twitter) Instagram
ConvictionConviction
Sonneblom
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » Cold wars erupt as rivals clash over recruited staff and confidential information
Commercial Law

Cold wars erupt as rivals clash over recruited staff and confidential information

Fruit terminal companies have accused Maersk Logistics and several former employees of using confidential information to set up rival cold storage facilities.
Kennedy MudzuliBy Kennedy MudzuliMarch 10, 2026No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
Share
Facebook Twitter LinkedIn Pinterest Email
  • Southern African Fruit Terminals and Coldharvest claim that Maersk Logistics and the former employees used confidential business systems and insider knowledge to launch their own competing cold storage operations.
  • Maersk Logistics, along with Nel, Pienaar, Lewis, and Lovember, argued that the claim was flawed because it did not specifically allege malicious intent.
  • The High Court disagreed, allowing the unlawful competition claim to proceed to trial.

A dispute over whether a competitor can recruit employees and use confidential company information to build a rival business is now heading to trial.

Southern African Fruit Terminals (Pty) Ltd and Coldharvest (Pty) Ltd brought the case against Maersk Logistics and Services South Africa (Pty) Ltd, together with Marius Nel, Desmond Pienaar, Shaun Lewis, and Franco Lovember.

Southern African Fruit Terminals and Coldharvest allege that Maersk Logistics and the four former employees relied on confidential operational information and insider knowledge from their staff to set up competing cold storage facilities.

Judge D Wille of the High Court in the Western Cape dismissed the objections raised by Maersk Logistics and the four individuals, ruling that the allegations, if proven, could support a claim for unlawful competition.

Businesses built around specialised systems

Southern African Fruit Terminals and Coldharvest run businesses that cool, store, and prepare fruit and other perishable products for export. They say their operations depend on specialised internal systems to manage cooling, workflow, compliance, and pricing.

They maintain that this information is part of their confidential business systems, accessible only to a select group of employees bound by confidentiality agreements. They argue it gives them a competitive edge in the export fruit logistics sector, an advantage that would greatly benefit any newcomer to the market.

Allegations of a coordinated recruitment scheme

Southern African Fruit Terminals and Coldharvest allege that Maersk Logistics built two cold storage facilities designed to compete directly with them.

They also claim that Nel and Pienaar were still on their payroll when they allegedly gave technical advice to Maersk Logistics about developing the new facilities, advice which, according to the companies, was based on confidential knowledge acquired during their employment.

Southern African Fruit Terminals and Coldharvest further allege that Lewis and Lovember, both former employees, had access to confidential personnel and operational information that was later used by Maersk Logistics to run its competing business.

They claim this alleged scheme helped Maersk Logistics hire 23 managers and operational staff from their teams, allowing Maersk to shortcut the time and costs involved in building its own operational systems and workforce from scratch.

The legal argument raised by Maersk Logistics

Maersk Logistics and the four individuals challenged the legal basis of the claim before the matter could go to trial.

They argued that persuading employees to move to another company is usually legal, unless the goal is to destroy a competitor’s business. Because of this, they said Southern African Fruit Terminals and Coldharvest needed to allege malicious intent as part of their claim.

Judge Wille rejected this argument, explaining that South African law does not require proof of malice in claims involving interference with contractual relationships.

Judge Wille also reaffirmed that confidential business information is legally protected in employment relationships. He noted: “An employee who takes his employer’s confidential information and uses it to compete with their employer or former employer acts unlawfully, even after the employment relationship has ended.”

Case proceeds to trial

Judge Wille concluded that the documents filed by Southern African Fruit Terminals and Coldharvest clearly outline an alleged plan to use confidential information and employee recruitment to gain an unfair competitive advantage.

He said the claim describes “a springboard scheme to exploit an unlawful competitive advantage, resulting in economic harm.”

Because the claim was properly pleaded, the court ruled that Maersk Logistics and the four individuals must now respond to the allegations.

The High Court dismissed the objections with costs, ordering Maersk Logistics and the individual defendants to submit their next set of documents by 17 April 2026.

Conviction.co.za

Get your news on the go. Click here to follow the Conviction WhatsApp channel.

Commercial litigation Confidential information employment law Unlawful competition Western Cape High Court
Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
Kennedy Mudzuli

Multiple award-winner with passion for news and training young journalists. Founder and editor of Conviction.co.za

Related Posts

First 90 days after disaster can define years of legal fallout, experts warn

October 18, 2026

Tenant who withheld R1.4 million in rent, citing maintenance failures, ordered to leave property

October 13, 2026

Suspected needle-like object in hamburger puts restaurant food safety under legal scrutiny

October 12, 2026
Leave A Reply Cancel Reply

Prove your humanity: 4   +   7   =  

Subscribe to our newsletter:
Top Posts

Your driving licence at the gate: What estates can actually legally scan

Sponsor: My Estate LifeSeptember 6, 2026

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024
Don't Miss
Opinion
6 Mins Read

The ANC could pay the electoral price for a Home Affairs directive issued under a DA minister

By Mike MathabelaOctober 23, 20266 Mins Read

Home Affairs asylum directive

Carrim’s battle, Sibiya’s bail refusal and alleged staged kidnapping headline lower court cases

October 23, 2026

Gauteng department and MEC ordered to honour R68.3m housing settlement

October 23, 2026

Judge clears man who pleaded guilty to buying suspected stolen Huawei phone

October 23, 2026
Stay In Touch
  • Facebook
  • Twitter
  • WhatsApp
Demo
About Us
About Us

Helping South Africans to navigate the legal landscape; providing accessible legal information; and giving a voice to those seeking justice.

Facebook X (Twitter) YouTube WhatsApp Twitch RSS
Latest posts

Your driving licence at the gate: What estates can actually legally scan

Sponsor: My Estate LifeSeptember 6, 2026

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024
OUR PICKS

LPC warns against unregulated legal services, clarifies legal consultant ruling

October 17, 2026

The R400,000 award for ‘white trash’ and ‘dumb people’ insults that cost a woman her home

October 21, 2026

FNB customer demands R15,100 refund after fraudsters drain account using stolen phone

October 17, 2026
© 2026 Conviction.
  • Home
  • Buy Now
  • Law & Justice

Type above and press Enter to search. Press Esc to cancel.

Powered by
Necessary cookies enable essential site features like secure log-ins and consent preference adjustments. They do not store personal data.
None
Functional cookies support features like content sharing on social media, collecting feedback, and enabling third-party tools.
None
Analytical cookies track visitor interactions, providing insights on metrics like visitor count, bounce rate, and traffic sources.
None
Advertisement cookies deliver personalized ads based on your previous visits and analyze the effectiveness of ad campaigns.
None
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.
None
Powered by