What is a shareholders’ agreement? It’s a contract between shareholders outlining the rights, responsibilities, and obligations of each shareholder, it provides a framework for the governance of the company, and it ensures a clear understanding between the shareholders about its management, operation and control.

The general principle is that restraint of trade clauses are valid and enforceable unless they are contrary to public policy. Public policy is determined by reference to the values and principles enshrined in the Constitution, such as human dignity, equality and freedom.