DRDGOLD Limited and Another v Nkala and Others (688/2016) [2023] ZASCA 9; 2023 (3) SA 461 (SCA) (6 February 2023)

DRDGOLD Limited and Another v Nkala and Others (688/2016) [2023] ZASCA 9; 2023 (3) SA 461 (SCA) (6 February 2023)

The Supreme Court of Appeal held that neither the certification order nor the declaratory order constituted an appealable 'decision' under section 16(1) of the Superior Courts Act. The certification order was a procedural device, not final or definitive of rights, and susceptible to alteration. The declarator was not dispositive of any relief and its impact remained uncertain until individual claims were brought. The interests of justice did not require piecemeal appeals, as such would delay the resolution of the class action and prejudice vulnerable claimants. Accordingly, the court lacked jurisdiction to entertain the appeal, and the matter was struck from the roll with costs, including...

Citation
[2023] ZASCA 9
Parties
Appellant: DRDGOLD Limited; Appellant: East Rand Proprietary Mines Limited; Respondent: Bongani Nkala and Sixty Eight Others
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
6 February 2023
Case Number
688/2016
Procedural Posture
Civil Appeal / Appeal From High Court Sitting as Court of First Instance
Outcome
Appeal struck from the roll for lack of jurisdiction; costs awarded to respondents including costs of three counsel.
Judges
Ponnan, Van der Merwe, Molemela, Mothle, Salie
Legal Topics
Class Action Certification, Appealability, Transmissibility of General Damages, Interests of Justice
Civil Procedure Delict Class Action Certification Appealability Transmissibility of General Damages Interests of Justice

Case Brief

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Parties

DRDGOLD Limited

Appellant

East Rand Proprietary Mines Limited

Appellant

Bongani Nkala and Sixty Eight Others

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Sitting as Court of First Instance

Legal Issues

  1. 1 Whether the certification order for the class action is appealable under section 16(1) of the Superior Courts Act.
  2. 2 Whether the declaratory order regarding transmissibility of general damages claims is appealable.
  3. 3 Whether the interests of justice require that either order be treated as appealable at this stage.

Ratio Decidendi

The Supreme Court of Appeal held that neither the certification order nor the declaratory order constituted an appealable 'decision' under section 16(1) of the Superior Courts Act. The certification order was a procedural device, not final or definitive of rights, and susceptible to alteration. The declarator was not dispositive of any relief and its impact remained uncertain until individual claims were brought. The interests of justice did not require piecemeal appeals, as such would delay the resolution of the class action and prejudice vulnerable claimants. Accordingly, the court lacked jurisdiction to entertain the appeal, and the matter was struck from the roll with costs, including...

Court Disposition

Appeal struck from the roll for lack of jurisdiction; costs awarded to respondents including costs of three counsel.

Orders

  • The matter is struck from the roll with costs, including the costs of three counsel.