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South Africa decisions
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Zisiwe v Naude N.O and Others (KP309/2018) [2025] ZANWHC 106 (23 June 2025)
The High Court dismissed an application for further particulars in a will dispute, holding the request was not strictly necessary for trial preparation.
Rose v National Prosecuting Authority and Others (056281/2025) [2025] ZAGPPHC 549 (15 May 2025)
The court held that the accused's representations to the National Prosecuting Authority are privileged and made on a without-prejudice basis, as confirmed by the NPA's PAIA Manual and relevant case law. The applicant, as a private prosecutor, does not stand in the same position as the NDPP, as he acts in his own interest and not in the public interest. Disclosure of the representations would confer an unfair advantage in criminal proceedings, allowing the applicant to tailor his evidence to the accused's version. The exceptions to the privilege rule do not apply in this case, and the applican…
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VBS Mutual Bank (In Liquidation) v KPMG Incorporated (2021/8826) [2022] ZAGPJHC 567 (18 August 2022)
The court held that KPMG's insurance documents created after 10 March 2018 are privileged, as they were brought into existence in contemplation of litigation following VBS's curatorship. However, documents relating solely to disciplinary hearings or criminal proceedings against individuals, and not KPMG itself, are not privileged and must be discovered. Audit documents from 2016 and 2018 were found not to be relevant to the 2017 audit at issue, as their production was based only on speculation. The manuals guiding the 2017 audit were deemed to contain relevant information and must be disclose…
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Amabhungane Centre for Investigative Journalism NPC and Another v Minister of Justice and Correctional Services and Others (25978/2017) [2019] ZAGPPHC 384; [2019] 4 All SA 343 (GP); 2020 (1) SA 90 (GP) ; 2020 (1) SACR 139 (GP) (16 September 2019)
The court found that RICA is unconstitutional in several respects: it fails to provide for post-surveillance notification to subjects, undermining access to courts and remedies for abuse; the appointment process for the designated judge lacks sufficient independence from the executive, compromising the safeguards against abuse; the statute does not prescribe adequate procedures for the management, storage, and destruction of intercepted data, leaving privacy rights vulnerable; and it does not expressly protect legal privilege and journalistic sources, which are essential to fair trial and fre…
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Mothuloe Incorporated Attorneys v Law Society of the Northern Province and Another (213/16) [2017] ZASCA 17 (22 March 2017)
The Supreme Court of Appeal held that the Law Society was entitled under s 70(1) of the Attorneys Act to direct the appellant to produce books and records for inspection. The appellant's refusal to comply, and his attempt to impose conditions before releasing trust funds, constituted unprofessional conduct. The assertion of attorney-client privilege was rejected, as privilege belongs to the client and cannot be used by the attorney to avoid inspection. The late introduction of PAJA and constitutional arguments was impermissible, as these were not pleaded and would amount to trial by ambush. T…
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National Director of Public Prosecutions and Another v Mahomed (596/05) [2007] ZASCA 138; 2008 (1) SACR 309 (SCA); [2008] JOL 21052 (SCA) (8 November 2007)
The majority held that the retention of copies of unlawfully seized materials by the registrar for the limited purpose of preserving a reliable record, in case future disputes arise regarding legal privilege or fair trial rights, is justified. The limitation on the respondent's privacy is negligible, as the materials are held under seal and not accessed except by court order. This serves the interests of justice by ensuring that any future challenge to the lawfulness of the search or the scope of privileged material can be fairly adjudicated. The court found no authority to preserve materials…
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National Association of Pharmaceutical Wholesalers and Others v Glaxo Wellcome (Pty) Ltd and Others (1) [2002] ZACT 33 (23 May 2002)
The Tribunal partly granted discovery, ordering disclosure of one document relied on by the respondents’ expert, and dismissed the set-down application subject to directions.
Janit and Another v Motor Industry Fund Administrators (Pty) Ltd. (570/93) [1994] ZASCA 110; 1995 (4) SA 293 (AD); [1995] 1 All SA 395 (A) (12 September 1994)
The court found that the respondents had a clear right to protect the confidentiality of their board meetings and that Janit had unlawfully obtained and possessed the tape recordings, knowing they were stolen. Janit's conduct, including threats to publicize confidential information and refusal to recognize its confidentiality, gave rise to a reasonable apprehension of harm. The supplementary discovery of the tapes was not a bona fide litigation step but an abuse of process aimed at coercing the respondents to settle on Janit's terms. The court held that privileged and confidential information…
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