Mahaeeane v Anglogold Ashanti Limited

The appellants, former employees of Anglogold Ashanti Limited, were medically boarded after contracting silicosis. Although they fell within a certified class of mineworkers pursuing a class action for silicosis-related damages, they were not named applicants in the certification application. They requested access to ten categories of records from Anglogold under section 50(1) of the Promotion of Access to Information Act 2 of 2000 (PAIA), claiming the records were required to assess whether they had good prospects of a damages claim. Anglogold refused, contending that PAIA was excluded by section 7(1) because litigation had commenced and, in any event, the records were not reasonably required to exercise the asserted right. The High Court dismissed the application, and the appellants appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs.

The case clarifies the scope of section 50 of PAIA in the context of litigation, confirming that PAIA cannot be used to obtain premature or pre-action discovery. It reinforces the principle that records must be reasonably required to formulate or exercise a right, not merely to evaluate whether to litigate, and affirms that class action certification constitutes the commencement of proceedings for purposes of section 7(1).