In a landmark judgment, the Supreme Court of Appeal (“SCA”) in the case of Ibex RSA Holdco Ltd and Another v Tiso Blackstar Group (Pty) Ltd and Others 2025 (2) SA 408 (SCA) (“Ibex”), considered whether a private body could rely on legal privilege as a defence to deny access to a requested record, in terms of the Promotion of Access to Information Act 2 of 2000 (“PAIA”). This decision marks a pivotal moment in the evolution of corporate accountability in South Africa and clarifies the limits of legal privilege in the context of forensic investigations.
The case centred on the collapse of Steinhoff International Holdings NV (“Steinhoff”), which lost over R200 billion in shareholder value following the discovery of extensive accounting irregularities.
