Tiso Blackstar Group (Pty) Ltd and Others v Steinhoff International Holdings N.V (18706/2019) [2022] ZAWCHC 265; 2023 (1) SA 283 (WCC) (10 May 2022)

Tiso Blackstar Group (Pty) Ltd and Others v Steinhoff International Holdings N.V (18706/2019) [2022] ZAWCHC 265; 2023 (1) SA 283 (WCC) (10 May 2022)

The court found that Steinhoff failed to provide sufficient objective evidence that litigation was contemplated as likely at the time the PwC report was commissioned. The evidence presented, including the SENS announcement and the engagement letter, did not establish the dominant purpose of litigation, and Steinhoff's assertions were unsupported by underlying facts. The court held that the right to freedom of expression under section 16 of the Constitution entitles the applicants to access the report under section 50 of PAIA. The refusal to provide the report unjustifiably limited the applicants' rights, and Steinhoff did not discharge its burden under section 81(3)(a) of PAIA....

Citation
[2022] ZAWCHC 265
Parties
Applicant: Tiso Blackstar Group (Pty) Ltd; Applicant: Rob Rose; Applicant: The amaBhungane Centre for Investigative Journalism; Applicant: Karabo Mpho Letta Rajuili; Respondent: Steinhoff International Holdings N.V
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
10 May 2022
Case Number
18706/2019
Procedural Posture
Review Application / Judgment on Application for Access to Information Under PAIA
Outcome
Application granted in part; Steinhoff's refusal set aside and access to the PwC report ordered; application to strike out granted.
Judges
L.G. Nuku
Legal Topics
Promotion of Access to Information Act, Litigation Privilege, Freedom of Expression, Media Rights, Severability of Records
Administrative Law Commercial and Corporate Promotion of Access to Information Act Litigation Privilege Freedom of Expression Media Rights Severability of Records

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Parties

Tiso Blackstar Group (Pty) Ltd

Applicant

Rob Rose

Applicant

The amaBhungane Centre for Investigative Journalism

Applicant

Karabo Mpho Letta Rajuili

Applicant

Steinhoff International Holdings N.V

Respondent

Procedural Posture

Review Application / Judgment on Application for Access to Information Under PAIA

Legal Issues

  1. 1 Whether the PwC report held by Steinhoff is protected by litigation privilege under section 67 of PAIA.
  2. 2 Whether Steinhoff has provided sufficient evidence that litigation was contemplated as likely at the time the PwC report was commissioned.
  3. 3 Whether the applicants' right to freedom of expression entitles them to access the PwC report under section 50 of PAIA.

Ratio Decidendi

The court found that Steinhoff failed to provide sufficient objective evidence that litigation was contemplated as likely at the time the PwC report was commissioned. The evidence presented, including the SENS announcement and the engagement letter, did not establish the dominant purpose of litigation, and Steinhoff's assertions were unsupported by underlying facts. The court held that the right to freedom of expression under section 16 of the Constitution entitles the applicants to access the report under section 50 of PAIA. The refusal to provide the report unjustifiably limited the applicants' rights, and Steinhoff did not discharge its burden under section 81(3)(a) of PAIA....

Court Disposition

Application granted in part; Steinhoff's refusal set aside and access to the PwC report ordered; application to strike out granted.

Orders

  • The decisions of Steinhoff refusing Tiso Blackstar’s and amaBhungane’s PAIA requests are set aside.
  • Steinhoff is directed to supply Tiso Blackstar and amaBhungane each with a copy of the PwC report within ten days of this order.