“The legal principle they would like this court to develop can be summarised as follows: if there was a deliberate decision not to take on staff with the objective of evading the application of section 197, then this is a relevant consideration in determining that there was indeed a transfer of an undertaking as a going concern.
The foreign case law and domestic legal authority cited is certainly interesting. I am not sure this development is necessary but I am loathe to be dismissive of attempts to develop our law with reference to principles in operation in other jurisdictions. However, for reasons stated below, it is unnecessary to go down this path in any further detail in the present case”.
Whitcher J in Satawu & Putco v MEC: Gauteng for Roads & Transport & Autopax (J1142/15)  ZALCJHB 204 (15 July 2015) at pars [79[ and .