Nampak Glass (Pty) Limited v Vodacom (Pty) Limited and Others (2814/2018)
Nampak Glass (Pty) Limited v Vodacom (Pty) Limited and Others (2814/2018) [2018] ZAGPJHC 481; 2019 (1) SA 257 (GJ) (31 January 2018)
The court held that the common law position, as previously articulated in House of Jewels, is outdated and inconsistent with constitutional imperatives. The right of access to courts requires that procedures exist to enable injured parties to identify wrongdoers. The absence of such procedures in the Rules of Court is a procedural inadequacy that justifies the exercise of the court's inherent jurisdiction. The court recognised Norwich Pharmacal relief as an appropriate development of South African law, allowing for pre-litigation disclosure orders against innocent third parties who possess in…
Source excerpt
- Norwich Pharmacal Relief
- Disclosure Of Information
- Inherent Jurisdiction
- Constitutional Right Of Access
- Procedural Development