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Administrative Law [2017] ZASCA 90

Mahaeeane and Another v Anglogold Ashanti Limited (85/2016)

Mahaeeane and Another v Anglogold Ashanti Limited (85/2016) [2017] ZASCA 90; [2017] 3 All SA 458 (SCA); 2017 (6) SA 382 (SCA) (7 June 2017)

The majority held that the appellants failed to meet the threshold under section 50(1) of PAIA, as the records requested were not reasonably required for the exercise or protection of their right to claim damages. The court found that the appellants already possessed sufficient information to formulate their claims and that the request was aimed at evaluating the prospects of success rather than exercising the right itself. Furthermore, the certification application constituted the commencement of civil proceedings, triggering section 7(1) of PAIA and making the discovery rules applicable. As…

  • Promotion Of Access To Information Act
  • Class Action Certification
  • Right Of Access To Information
  • Personal Injury Claims
  • Opt Out Rights
  • Discovery Procedure
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