Ibex RSA Holdco Limited and Another v Tiso Blackstar Group (Pty) Ltd and Others
Ibex RSA Holdco Limited and Another v Tiso Blackstar Group (Pty) Ltd and Others [2024] ZASCA 166; 2025 (2) SA 408 (SCA) (4 December 2024)
The Supreme Court of Appeal held that the forensic investigation report was not protected by legal professional privilege or litigation privilege under section 67 of PAIA, as its dominant purpose was to investigate accounting irregularities and enable Steinhoff to produce financial statements, not to obtain legal advice or prepare for litigation. The evidence did not support the assertion that litigation was pending or contemplated at the time of commissioning the report. Even if privilege existed, it was waived by Steinhoff's publication of the overview, which disclosed the substance and key…
Source excerpt
- Promotion Of Access To Information Act
- Legal Professional Privilege
- Public Interest Override
- Corporate Fraud
- Disclosure Of Evidence
- Waiver Of Privilege