New Salt Rock City (Pty) Ltd and Others v Kilken Platinum (Pty) Ltd and Others (2022/042145) [2024] ZAGPPHC 500 (28 May 2024)

New Salt Rock City (Pty) Ltd and Others v Kilken Platinum (Pty) Ltd and Others (2022/042145) [2024] ZAGPPHC 500 (28 May 2024)

The court held that while evidence obtained by theft or illegal means should generally be excluded, it may be admitted if it is relevant to the main application and the interests of justice require its consideration, particularly where it concerns the probity of the Board of directors. The right to privacy diminishes in the context of business and communal activities, and public interest in accountability prevails over confidentiality in such cases. The court struck out extensive portions of the applicants' affidavits and annexures for being scandalous, vexatious, irrelevant, or constituting impermissible attacks on credibility, and for introducing new matter in reply without leave. Only...

Citation
[2024] ZAGPPHC 500
Parties
Applicant: New Salt Rock City (Pty) Ltd; Applicant: Zamien Investments 102 (Pty) Ltd; Applicant: Cshell 80 (Pty) Ltd; Respondent: Kilken Platinum (Pty) Ltd; Respondent: Kilken Holdings (Pty) Ltd; Respondent: Kilken Investments (Pty) Ltd; Respondent: Kilken Enterprises (Pty) Ltd; Respondent: David Gavin Willoughby; Respondent: Salim Ahmed Bobat; Respondent: Mikaeel Moti; Respondent: Izak Siewert Wiid Rossouw; Respondent: Zunaid Abbas Moti; Respondent: K2016200284 (Pty) Ltd; Respondent: Clevepark (Pty) Ltd; Respondent: Glencore International AG Limited; Respondent: Imbani Minerals (Pty) Ltd; Respondent: Rustenburg Platinum Mines Limited; Respondent: South African Revenue Service; Respondent: Mahendren Moodley; Respondent: Manogh Maharaj; Respondent: Ashruf Kaka
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 May 2024
Case Number
2022/042145
Procedural Posture
Interlocutory Application / Application to Strike Out Portions of Affidavits Prior to Main Hearing
Outcome
Application to strike out granted in substantial part; only limited relevant material retained.
Judges
BAM
Legal Topics
Striking Out Scandalous Matter, Delinquent Directors, Evidence Obtained Illegally, Shareholder Disputes, Oppressive Conduct, Costs Punitive Scale
Civil Procedure Commercial and Corporate Striking Out Scandalous Matter Delinquent Directors Evidence Obtained Illegally Shareholder Disputes Oppressive Conduct Costs Punitive Scale

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

New Salt Rock City (Pty) Ltd

Applicant

Zamien Investments 102 (Pty) Ltd

Applicant

Cshell 80 (Pty) Ltd

Applicant

Kilken Platinum (Pty) Ltd

Respondent

Kilken Holdings (Pty) Ltd

Respondent

Kilken Investments (Pty) Ltd

Respondent

Kilken Enterprises (Pty) Ltd

Respondent

David Gavin Willoughby

Respondent

Salim Ahmed Bobat

Respondent

Mikaeel Moti

Respondent

Izak Siewert Wiid Rossouw

Respondent

Zunaid Abbas Moti

Respondent

K2016200284 (Pty) Ltd

Respondent

Clevepark (Pty) Ltd

Respondent

Glencore International AG Limited

Respondent

Imbani Minerals (Pty) Ltd

Respondent

Rustenburg Platinum Mines Limited

Respondent

South African Revenue Service

Respondent

Mahendren Moodley

Respondent

Manogh Maharaj

Respondent

Ashruf Kaka

Respondent

Procedural Posture

Interlocutory Application / Application to Strike Out Portions of Affidavits Prior to Main Hearing

Legal Issues

  1. 1 Whether portions of the applicants' affidavits should be struck out for being scandalous, vexatious, irrelevant, or obtained illegally.
  2. 2 Whether evidence obtained by theft or illegal means may be admitted if relevant to the main application.
  3. 3 Whether new matter was impermissibly introduced in reply and should be struck out.

Ratio Decidendi

The court held that while evidence obtained by theft or illegal means should generally be excluded, it may be admitted if it is relevant to the main application and the interests of justice require its consideration, particularly where it concerns the probity of the Board of directors. The right to privacy diminishes in the context of business and communal activities, and public interest in accountability prevails over confidentiality in such cases. The court struck out extensive portions of the applicants' affidavits and annexures for being scandalous, vexatious, irrelevant, or constituting impermissible attacks on credibility, and for introducing new matter in reply without leave. Only...

Court Disposition

Application to strike out granted in substantial part; only limited relevant material retained.

Orders

  • The specified paragraphs and annexures are struck out as detailed in the judgment.
  • Respondents are granted leave to file answering affidavits to retained new matter within 20 days.