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The Cease And Desist Letter Non Compete is a crucial legal instrument in South African business practice, typically employed when a company discovers that a former employee, contractor, or business partner is violating their non-compete obligations. The document serves as a formal warning and the first step in legal enforcement of restraint of trade agreements. It must be carefully drafted to align with South African common law principles, which require that restraint of trade provisions be reasonable in terms of duration, geographic scope, and protected interests. The letter should detail specific violations, reference the original agreement, demand specific remedial actions, and outline consequences of non-compliance. It's particularly important in South Africa where the enforcement of non-compete agreements must balance constitutional rights to freedom of trade against legitimate business interests.

1. Sender Details: Full legal name, address, and contact information of the sending party

2. Recipient Details: Full legal name, address, and contact information of the party in breach

3. Date: Date of the letter

4. Subject Line: Clear indication that this is a Cease and Desist Letter regarding non-compete violation

5. Reference to Agreement: Specific details of the non-compete agreement including date signed and relevant clauses

6. Description of Violation: Detailed description of the specific actions that constitute the breach

7. Legal Basis: Reference to relevant legal framework and rights being enforced

8. Demand for Action: Specific actions required from the recipient to remedy the breach

9. Timeline: Clear deadline for compliance with the demands

10. Consequences: Statement of legal actions that will be taken if demands are not met

11. Closing: Formal closing including signature block and professional title