Giftwrap Trading (Pty) Ltd v Vodacom (Pty) Ltd and Others

Giftwrap Trading (Pty) Ltd operated an online retail business and advertised its products via Google. It became the victim of repeated 'click fraud', whereby its online advertisements were maliciously clicked to inflate advertising costs and reduce genuine customer access. In March 2019, Giftwrap obtained a list of local IP addresses allegedly used to perpetrate the click fraud and identified the relevant Internet and cellular service providers, including Vodacom, MTN, Telkom and Cell C. Giftwrap applied to the Gauteng Division of the High Court for an order compelling the service providers to disclose customer information linked to those IP addresses, relying ultimately on s 42(1)(c) of the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002 (RICA). The purpose of the request was to identify the wrongdoers in order to institute legal proceedings against them. The High Court dismissed the application, holding that RICA did not permit disclosure for this purpose. Giftwrap appealed to the Supreme Court of Appeal.

The appeal was dismissed. No costs order was sought. The registrar was directed to bring the judgment to the attention of the Cabinet members responsible for the administration of justice and state security.

This judgment authoritatively clarifies the limits on access to customer information held by electronic communications service providers under RICA. It affirms the strong statutory protection of customer privacy and confirms that private litigants may not obtain such information merely to investigate or identify potential wrongdoers. The case also disapproves the High Court decision in Nampak Glass to the extent that it permitted disclosure contrary to RICA, thereby restoring doctrinal coherence in this area of law.