Mahaeene and Another v Anglogold Ashanti Ltd (2014/12111) [2015] ZAGPJHC 344; [2016] 1 All SA 592 (GJ) (6 October 2015)

Mahaeene and Another v Anglogold Ashanti Ltd (2014/12111) [2015] ZAGPJHC 344; [2016] 1 All SA 592 (GJ) (6 October 2015)

Section 7(1) of PAIA applies to the applicants' request because, although they are not cited parties in the certification application, their membership in the class sought to be certified makes them interested parties in the proceedings. The concept of 'party' in section 7(1) is not limited to formally cited litigants but extends to class members in certification proceedings. The term 'proceedings' in section 7(1) encompasses all litigious steps, including pre-summons applications such as class action certification. The applicants do not reasonably require the requested information for legal advice, as their attorney already possesses sufficient information to advise them, and their...

Citation
[2015] ZAGPJHC 344
Parties
Applicant: Mahaeene Mahaeene; Applicant: Motlajsi Thakaso; Respondent: Anglogold Ashanti Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
6 October 2015
Case Number
2014/12111
Procedural Posture
Review Application / Judgment on Application to Compel Disclosure Under PAIA
Outcome
Application dismissed with costs, including costs of two counsel.
Judges
Roland Sutherland
Legal Topics
Promotion of Access to Information Act, Class Action Certification, Early Discovery, Interpretation of Statutes
Administrative Law Civil Procedure Promotion of Access to Information Act Class Action Certification Early Discovery Interpretation of Statutes

Case Brief

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Parties

Mahaeene Mahaeene

Applicant

Motlajsi Thakaso

Applicant

Anglogold Ashanti Ltd

Respondent

Procedural Posture

Review Application / Judgment on Application to Compel Disclosure Under PAIA

Legal Issues

  1. 1 Does section 7(1) of PAIA exclude the applicants from obtaining information from the respondent due to the commencement of related proceedings?
  2. 2 Are the applicants, as members of a class in pending certification proceedings, entitled to access records under section 50(1) of PAIA?
  3. 3 Is the information requested 'reasonably required' for the exercise or protection of the applicants' rights?

Ratio Decidendi

Section 7(1) of PAIA applies to the applicants' request because, although they are not cited parties in the certification application, their membership in the class sought to be certified makes them interested parties in the proceedings. The concept of 'party' in section 7(1) is not limited to formally cited litigants but extends to class members in certification proceedings. The term 'proceedings' in section 7(1) encompasses all litigious steps, including pre-summons applications such as class action certification. The applicants do not reasonably require the requested information for legal advice, as their attorney already possesses sufficient information to advise them, and their...

Court Disposition

Application dismissed with costs, including costs of two counsel.

Orders

  • The application to compel disclosure is dismissed.
  • The applicants are ordered to pay the costs of the respondent, including the costs of two counsel.