Judicial interpretation of the enforceability of restrains of trade clauses under Cameroon Labour Law: Lessons from South Africa and Canada

Abstract

This thesis critically examines the judicial interpretation of restraint of trade clauses under Cameroonian Labour Law, with comparative insights from South Africa and Canada. In Cameroon, restraint of trade clauses within employment contracts are governed by a legal framework that is underdeveloped and inconsistently applied. The absence of clear statutory guidance and limited jurisprudence creates legal uncertainty, often to the detriment of both employers and employees. Courts tend to either uphold such clauses rigidly or disregard them entirely, without systematically balancing the competing interests of contractual freedom and the right to work. This thesis explores how South African and Canadian courts have developed sophisticated legal tests to assess the enforceability of these clauses, particularly through the principles of reasonableness, public interest, and proportionality. Both jurisdictions offer rich jurisprudence balancing employers' legitimate business interests with employees’ rights to earn a livelihood and compete in the job market. For example, the South African approach, rooted in common law and constitutional values, provides a flexible yet principled framework for judicial discretion. Similarly, Canadian courts adopt a context-specific analysis, emphasising clarity in contractual drafting and the necessity of the restraint. Through doctrinal and comparative legal analysis, this thesis evaluates whether these foreign legal principles can be adapted to the Cameroonian context to enhance judicial consistency and fairness. The thesis also investigates the socio-economic and legal environments in Cameroon to assess the viability of transplanting or modifying these doctrines. Ultimately, this thesis aims to contribute to legal reform by proposing a coherent framework for interpreting and enforcing restraint of trade clauses in Cameroon and the OHADA region, informed by comparative best practices and tailored to local realities. The findings will also be beneficial to legislators in Cameroon, South Africa, and Canada, offering suggestions for labour law reform, and will serve as a resource for legal researchers, lawyers, employers, and employees.