Keylite Chemicals v Harmony Gold Mining Company Limited (07/882) [2007] ZAGPHC 258 (28 March 2007)

Keylite Chemicals v Harmony Gold Mining Company Limited (07/882) [2007] ZAGPHC 258 (28 March 2007)

The court found that the applicant had satisfied all requirements under section 50(1) of the Promotion of Access to Information Act. The applicant demonstrated a substantial need for access to the General Conditions of Purchase and product complaint or quality reports to exercise and protect its contractual rights and reputation. The application was not barred by section 7(1) of the Act, as no other proceedings had been instituted and no alternative legal mechanism for production existed. The applicant laid a proper foundation for its request, specifying the rights to be protected, the records required, and how access would assist in exercising those rights. The respondent did not oppose...

Citation
[2007] ZAGPHC 258
Parties
Applicant: Keylite Chemicals; Respondent: Harmony Gold Mining Company Limited
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
28 March 2007
Case Number
07/882
Procedural Posture
Review Application / First Instance Judgment
Outcome
Application granted. The respondent is ordered to furnish the applicant with the requested records and to pay the costs of the application.
Judges
B H Mbha
Legal Topics
Promotion of Access to Information Act, Contractual Rights, Pre Action Discovery, Goodwill and Reputation
Administrative Law Commercial and Corporate Promotion of Access to Information Act Contractual Rights Pre Action Discovery Goodwill and Reputation

Case Brief

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Parties

Keylite Chemicals

Applicant

Harmony Gold Mining Company Limited

Respondent

Procedural Posture

Review Application / First Instance Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to access the respondent's General Conditions of Purchase in use on 25 September 2003.
  2. 2 Whether the applicant is entitled to access product complaint or quality reports relating to Contract VRB 206/0007/03.
  3. 3 Whether the requirements of section 50(1) of the Promotion of Access to Information Act 2 of 2000 are satisfied.

Ratio Decidendi

The court found that the applicant had satisfied all requirements under section 50(1) of the Promotion of Access to Information Act. The applicant demonstrated a substantial need for access to the General Conditions of Purchase and product complaint or quality reports to exercise and protect its contractual rights and reputation. The application was not barred by section 7(1) of the Act, as no other proceedings had been instituted and no alternative legal mechanism for production existed. The applicant laid a proper foundation for its request, specifying the rights to be protected, the records required, and how access would assist in exercising those rights. The respondent did not oppose...

Court Disposition

Application granted. The respondent is ordered to furnish the applicant with the requested records and to pay the costs of the application.

Orders

  • The respondent must furnish the applicant, within ten days of receipt of this order, with copies of all records of the Harmony Gold Mining Company Limited General Conditions of Purchase in use on 25 September 2003.
  • The respondent must furnish the applicant with all product complaint or quality reports in respect of Harmony Gold Mining Company Limited Contract VRB 206/0007/03.