Ibex RSA Holdco Limited and Another v Tiso Blackstar Group (Pty) Ltd and Others

Following the exposure of extensive fraud and accounting irregularities within Steinhoff International Holdings NV, a major publicly listed company, PricewaterhouseCoopers (PwC) was commissioned in December 2017 to conduct an independent forensic investigation. PwC produced a detailed report in March 2019. Steinhoff published only an 11-page overview, asserting the full report was confidential and legally privileged. Media entities Tiso Blackstar Group and amaBhungane requested access to the full PwC report under the Promotion of Access to Information Act 2 of 2000 (PAIA), arguing that disclosure was in the public interest given the scale of the fraud and losses suffered by investors. Steinhoff refused access, relying on legal professional privilege. The Western Cape High Court ordered disclosure, finding that privilege had not been established. Following Steinhoff’s corporate restructuring, Ibex RSA Holdco Limited and Ibex Topco BV, which now controlled the report, appealed to the Supreme Court of Appeal.

The application to adduce further evidence was refused with costs; the appeal was dismissed with costs, including the costs of two counsel; and the cross-appeal was struck from the roll with no order as to costs. The High Court order compelling disclosure of the PwC report stood.

This judgment is a leading authority on access to forensic investigation reports under PAIA, particularly in the context of corporate scandals. It reinforces that claims of legal professional privilege must be substantiated with concrete facts, and that large public-interest corporate investigations cannot be shielded from disclosure by vague assertions of privilege. The case affirms the strong constitutional commitment to transparency, accountability, and media freedom in South Africa.