IN THE HIGH COURT OF SWAZILAND
HELD AT MBABANE
CIVIL CASE NO. 2050/08
In the matter between:
YKK SOUTHERN AFRICA (PTY) LTD …...........................APPLICANT
JAMES SIMON BOND ….................................................RESPONDENT
CORAM Q.M. MABUZA -J
FOR THE APPLICANT MR. M. SIBANDZE OF CURRIE & SIBANDZE ATTORNEYS
FOR THE RESPONDENT MR. Z. JELE OF ROBINSON BERTRAM
 Mr. Sibandze submitted that the court could discharge the interim order and enforce the restraint of trade. He stated that this was because they were independent of one another. I disagree.
 On the other hand Mr. Jele states that the restraint of trade agreement became operative upon the suspension of the Respondent on the 14/5/2007. I disagree. In my view it became operative when the Respondent resigned on the 20/10/2007. Its operation ends on the 20/10/2008.
 My reason for refusing to confirm the order in respect of restraint of trade is that Mr. Jele raised some pertinent and important submissions with regard to the said restraint of trade agreement which I would like if possible to address in a full judgment. I cannot do so immediately because of pressure of work and other urgent judgments which need my attention.
The points in limine are upheld and the interim order is discharged with costs on the ordinary scale.
 The Applicant is ordered to return the items attached including the hard drive except the following:
PC box (bond)
Berne (apparel catalog)
Identification Manual of Counterfeit Zippers
Well wise (i.e) Industrial Ltd
YKK Price list
YKK material stockings
Scovill Price list
Denim Price list
YKK Textual Summary Report
2007 James Bond commission chart
YKK Costing sheet
Price list for Mast group
Staff line magazine
YKK Test report
E-mail from EMBEE International
Berne apparel quotations.
Q.M. MABUZA -J