DRDGOLD Limited and Another v Nkala and Others

Thousands of underground gold mineworkers contracted silicosis and/or pulmonary tuberculosis due to prolonged exposure to silica dust. The respondents, acting as proposed class representatives, applied in the Gauteng Division of the High Court for certification of a class action against numerous mining companies and for a declaratory order that claims for general damages in class actions are transmissible to a deceased claimant’s estate even if death occurred before litis contestatio. The High Court, sitting as a court of first instance with three judges, granted certification of the class action and, by majority, issued a broad declaratory order on transmissibility. Certain mining companies, including DRDGOLD Limited and East Rand Proprietary Mines Limited, sought to appeal the certification and declarator to the Supreme Court of Appeal. During the course of proceedings, a settlement agreement significantly narrowed the scope of the class action.

The appeal was struck from the roll with costs, including the costs of three counsel.

This judgment clarifies and reaffirms the principles governing appealability and the jurisdiction of the Supreme Court of Appeal under the Superior Courts Act. It is significant for class action litigation, confirming that certification orders and related declaratory rulings are generally not appealable at an interlocutory stage. The case underscores the policy against piecemeal appeals and provides authoritative guidance on the meaning of ‘decision’ and the role of the interests of justice in determining appealability.