Kalma & Ors v African Minerals Ltd & Ors

Kalma & Ors v African Minerals Ltd & Ors

The court found that the threshold for considering anonymity was met, as each witness demonstrated genuine subjective fear of violence or loss of livelihood. Balancing the public interest in open justice, potential prejudice to the defendant, and common law fairness, the court determined that anonymity should be granted, mitigated by the formation of a confidentiality club.

Parties
Claimants: Kadie Kalma & Others; Defendant: African Minerals Limited; Defendant: African Mineral (SL) Limited; Defendant: Tonkolili Iron Ore (SL) Limited
Jurisdiction
England and Wales
Judgment Date
29 January 2018
Procedural Posture
Civil / Pre Trial Interlocutory Application
Outcome
Application for witness anonymity granted
Legal Topics
Witness Anonymity, Open Justice, Fair Trial, Confidentiality Club
Civil Procedure Witness Anonymity Open Justice Fair Trial Confidentiality Club

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Kadie Kalma & Others

Claimants

African Minerals Limited

Defendant

African Mineral (SL) Limited

Defendant

Tonkolili Iron Ore (SL) Limited

Defendant

Procedural Posture

Civil / Pre Trial Interlocutory Application

Legal Issues

  1. 1 Whether six witnesses should be granted anonymity to mitigate risk of reprisals
  2. 2 Whether a confidentiality club should be established to balance fairness and open justice

Ratio Decidendi

The court found that the threshold for considering anonymity was met, as each witness demonstrated genuine subjective fear of violence or loss of livelihood. Balancing the public interest in open justice, potential prejudice to the defendant, and common law fairness, the court determined that anonymity should be granted, mitigated by the formation of a confidentiality club.

Court Disposition

Application for witness anonymity granted

Orders

  • Anonymity order for six witnesses
  • Formation of a confidentiality club with membership to be determined