Mahaeeane and Another v Anglogold Ashanti Limited (85/2016) [2017] ZASCA 90; [2017] 3 All SA 458 (SCA); 2017 (6) SA 382 (SCA) (7 June 2017)

Mahaeeane and Another v Anglogold Ashanti Limited (85/2016) [2017] ZASCA 90; [2017] 3 All SA 458 (SCA); 2017 (6) SA 382 (SCA) (7 June 2017)

The majority held that the appellants failed to meet the threshold under section 50(1) of PAIA, as the records requested were not reasonably required for the exercise or protection of their right to claim damages. The court found that the appellants already possessed sufficient information to formulate their claims and that the request was aimed at evaluating the prospects of success rather than exercising the right itself. Furthermore, the certification application constituted the commencement of civil proceedings, triggering section 7(1) of PAIA and making the discovery rules applicable. As such, the appellants were not entitled to access the records under PAIA, and the appeal was...

Citation
[2017] ZASCA 90
Parties
Appellant: Mahaeeane Mahaeeane; Appellant: Motlajsi Thakaso; Respondent: Anglogold Ashanti Limited
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
7 June 2017
Case Number
85/2016
Procedural Posture
Civil Appeal / Appeal From Gauteng Local Division of the High Court, Johannesburg
Outcome
Appeal dismissed with costs.
Judges
Maya, Fourie, Molemela, Gorven, Mbatha
Legal Topics
Promotion of Access to Information Act, Class Action Certification, Right of Access to Information, Personal Injury Claims, Opt Out Rights, Discovery Procedure
Administrative Law Civil Procedure Labour Law Promotion of Access to Information Act Class Action Certification Right of Access to Information Personal Injury Claims Opt Out Rights +1 more

Case Brief

Summary, issues, holding and outcome

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Parties

Mahaeeane Mahaeeane

Appellant

Motlajsi Thakaso

Appellant

Anglogold Ashanti Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Gauteng Local Division of the High Court, Johannesburg

Legal Issues

  1. 1 Whether the appellants are entitled to access records from the respondent under section 50(1) of the Promotion of Access to Information Act (PAIA).
  2. 2 Whether the commencement of class action proceedings precludes access to records under section 7(1) of PAIA.
  3. 3 Whether the requested records are reasonably required for the exercise or protection of the appellants' rights to claim damages.

Ratio Decidendi

The majority held that the appellants failed to meet the threshold under section 50(1) of PAIA, as the records requested were not reasonably required for the exercise or protection of their right to claim damages. The court found that the appellants already possessed sufficient information to formulate their claims and that the request was aimed at evaluating the prospects of success rather than exercising the right itself. Furthermore, the certification application constituted the commencement of civil proceedings, triggering section 7(1) of PAIA and making the discovery rules applicable. As such, the appellants were not entitled to access the records under PAIA, and the appeal was...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.