"We recently interviewed a software engineer for a position at our company. In the interview it came to light that the engineer had just left the employ of one of our main competitors and that he was bound by a restraint of trade in terms of his previous employment agreement with the company. We really want to appoint him because of his skills but we have concerns about the restraint. Is there any way around this?"

Explain the legal position regarding the validity and enforceability of restraints of trade in the SA law. Draw up a memorandum of advice for your client.