When commissioning corruption probes, companies should clarify that the purpose is for litigation
Investigation reports compiled by law firms, accountants or forensic specialists for large companies are usually highly confidential, but they are also sought after by media outlets seeking access to information they believe to be in the public interest.
The high court held that the right to freedom of expression was a right on which the media outlets could legitimately found a Promotion of Access to Information Act request. Steinhoff's argument that the media houses were able to exercise the right to freedom of expression using publicly available information was dismissed, with the court noting that the information in the public domain was clearly incomplete.
It held that the imposition of Steinhoff’s attorneys into the relationship between PWC and Steinhoff was not sufficient to establish privilege, and the fact that PWC’s engagement letter referred to contemplated litigation did not assist in Steinhoff’s privilege claim. The issue of legal advice privilege over documents provided by third parties has not been squarely addressed by the SA courts.
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